Employment-at-Will Essay

1139 Words Feb 11th, 2013 5 Pages
Job Competency and Employment-At-Will
Professor Ilya Enkishev, Strayer University
LEG500, Assignment 1
April 16, 2012

Assignment 1, Scenario 1: 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.

Describe what steps you would take to address the following scenario involving skills, competence, and abilities: As a manager and supervisor, it is my responsibility to see that
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Should the firm be legally allowed to fire her based on the employment-at-will doctrine? As stated by Justice Harlan in Adair v. U.S. in 1908, “The right of an employee to quit the services of the employer, for whatever reason, is the same as the right of the employer, for whatever reason, to dispense with the services of an employee” (as cited in Halbert and Ingulli, 2012, p. 49). Technically, the firm has no legal obligation to keep Jennifer employed. If I decided to establish a conditional four-week contract with Jennifer regarding her performance, I would only be legally obligated to continue her employment for the probation period because the “implication of contractual terms” is an exception to the at-will-employment doctrine (Halbert and Ingulli, 2012, p. 50). If Jennifer’s attitude and skills did not improve over the four weeks, the firm would have no legal obligation to continue to keep her employed.
What are the legal implications for the employer vs. the employee in this particular instance? Unless additional facts present themselves in this scenario, the legal implications are minimal for the employer and employee. If Jennifer was fired and took the firm to court, she would argue that she was unappreciated and that her termination was a wrongful discharge. However, Findlaw affirms that “laws limit the circumstance where an employee can hold their employer responsible in

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