Leg500

Employment-At-Will Doctrine

Dianne Always

Professor Doris Mitchell

LEG 500 – Law, Ethics, and Corporate Governance

January 21, 2013

Introduction

The Employee-At-Will Doctrine has been the imperious rule in wrongful discharge cases since the 19th Century in America and has been well established. This gives businesses the right to discharge or keep any employee at-will for a good cause, no cause or even for a bad cause. This doctrine has been disintegrating in some states of recent especially in organizations that has formed unions. Of course they are exceptions to these rules that protect employees from for example wrongful discharge due to various forms of discrimination. The doctrine has eroded due to these statutory and common-law protection acts against what is termed as a wrongful discharge especially reasons that violates a state public policy (Sentell & Robbins, 2008).

Steps Taken to Address Skills, Competence and Abilities

After a few months of training and support and this employee is unable to learn the computer applications that are basic to her job responsibilities, my firm will have to implement an employee performance evaluation system. Therefore some sort of system will have to be put in place; hopefully there is already a reporting system that can be used to report this employee’s performance.  According to Winchell (2011) it would be advisable to start documenting Jennifer’s inadequate behaviors and performance, taking notes of any discussion concerning her poor performance as well. Also implementing a form of action is another important step that should be documented stating that certain steps were taken to seek advice from trained staff that has the knowledge or expertise to deal with employee relations (Winchell, 2011).

If misconduct continues, then we will have to establish progression discipline actions both oral and written warnings, admonition and perhaps even suspension. If the employee does not make an effort to...