Employment at Will

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Category: Business and Industry

Date Submitted: 11/16/2012 12:19 PM

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Describe what steps you would take to address the following scenario involving skills, competence, and abilities: The employee seems to be unable to learn the computer applications that are basic to her job responsibilities, but, consistently “tells” her boss that she is “a good worker and a genius” and that he does not “appreciate her”. Even after a few months of training and support, she is unable to use the computer tools to be productive and efficient in completing the required tasks.

The manger’s first steps would be to read over her employment contract, and start documenting all of the examples of the employee’s lack of ability to use the tools needed and provided. The manager needs to ensure the employment contract specifies it is an employment-at-will contract, with no other specifications. Documentation must show how she has been given opportunities to improve and show her capability. There will be documented evidence of any and all disciplinary actions, and prove they were not due to her race, gender, age, disability or national origin.

Step two to handling this situation would be to reevaluate the employee handbook. Upon this inspection, it is necessary to verify the handbook does not contain wording appearing to alter the employment-at-will status. This double check should ensure the decreased possibility of the terminated employee pursuing a lawsuit. With the chance that the employee would pursue a lawsuit after termination, the documentation collected would prove to be sufficient to provide an adequate defense. The employee was hired to perform duties using certain skills and tools. If the employee is unable to complete these duties within the manager’s expectations, her employment should be terminated, with understanding that it is a just termination.

Describe what steps you would take to address the following scenario involving management, behavior, and performance: The employee tends to burst into a rage when...