Employment at Will - Doctrine

Abstract

This paper will discuss the appropriate steps to take in two different situations from a legal business setting. The first discussion will cover an employee who seems to have a problem with learning the computer applications that are important for her job duties. After several months of extensive training she is still unable to perform the duties of her jobs. The second discussion will cover a supervisor who consistently asks his employee out on dates, she declined at first but her friend encourages her to accept his advances. After she attends new employee orientation, she given an employee handbook which states the company prohibits supervisors and employees from dating, but the two begin to have a consensual relationship. The final discussion will cover the outcome of the Gardner v. Loomis Armored, INC case and did the court rule correctly.

1. 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 criticized and is frequently late to work as noticed by her boss and other staff members. When her boss attempts to address her behavioral issues and the company late policy, the employee’s response is that she “knows her rights and what to do” if she is wrongfully discharged. She also says she took a business law class in undergrad that taught her “everything she needs to know about exceptions to the employment-at-will doctrine and wrongful discharge in violation of public policy”. The employment-at-will doctrine states “when an employee does not have a written employment contract and term of employment is of indefinite duration, the employer can terminate the employee for good cause, bad cause, or no cause.” It also states that “an employee is hired based on his or her will and may choose to leave at any time after post-employment.” They same applied to the employer; they can hire and fire at will without explanation. There two exceptions which states an employer many not terminate the employee if public policy supports the employee and if there is an implied contract, which is a verbal agreement between the two parties.

Jennifer employer was hired right out of college with hope of her being able to perform her job duties. She is having issues with the company’s computer system applications after being trained when she was hired. Even after the management decided to place Jennifer through several months of additional she still was unable to be productive with the required duties. The company does not have any other choice but to terminate Jennifer. This company is constantly losing money trying to keep an employee who is unable to perform job duties.

2. Describe what steps you would take to address the following scenario involving policies and procedures: The employee’s supervisor consistently asks her out on dates; the employee initially