Employment-At-Will Doctrine

Employment-At-Will Doctrine

Tonya Dickey

Dr. Cantrell

Law, Ethics, and Corporate Governance

January 22, 2013

Scenario 1

As manager of the accounting department, it is my responsibility to ensure the department has knowledgeable, competent employees. It is my sole duty to ensure that all employees in the accounting department are capable of performing their duty as described in the job description. It is not beneficial to have employees who lack the skills, abilities, and competence for performing the necessary job duties to ensure all financial information is accurate. The employee must be teachable on the computer software application as well as have some knowledge of the accounting procedures and practices. The employment process entails a thorough research behind the candidate for hire. The background check includes an initial interview, medical examination, and criminal background checks to make sure the employee is a good fit for the company. The employment-at-will doctrine protects both the employer and employee from any law suits when it comes to termination of an employee. A common-law rule that an employment contract of indefinite duration can be terminated by either the employer or the employee at any time for any reason; also known as terminable at will, (“Employment”, 2013, para 1). I would conduct a review meeting with the employee and explain to her that her skills level is very low and her ability to learn does not seem to represent her actions. I would let her know that she is not competent enough for the position and this puts her job and the company at risk. I would further explain that her probationary period has expired and her employment is voluntary and at will according to state law. I would go on and tell her that I can terminate her employment because of the lack of skills, ability and competence to perform the job duties in which she applied for and stated that she could perform; and for her misrepresentation on her application along with the negative remarks or comments she states around the office are grounds for termination. As manager I am required to inform the employee of the Sarbanes-Oxley Act which requires all public traded companies to have a set of procedures in place for all job descriptions. The employee has to know step by step procedures for the job he or she performs. This is information that has to be documented and filed with the SEC. She is informed that her lack of ability and competence puts the company at risk for fines and penalties. The employee would be given a warning and that if she does not improve her skills and willingness to learn along with her attitude then her employment contract with the company could be terminated and no further warning will be