Legal Paper

Submitted By candyspears
Words: 1468
Pages: 6
Open Document
Employment at Will Doctrine
By
Candice S Spears
For
Professor
Marlene Armstrong
LEG 500
Law, Ethics, and Corporate Governance
October 26, 2012

Introduction A person gets hired at a reputable firm. They are enjoying their job so far and everything is looking very promising. After reviewing the paperwork they have been given to sign, they notice verbiage about employment at will. This desirable job suddenly becomes something not so desirable. The employment at will doctrine has been in place for many years. It is a legal rule that developed in the “nineteenth century giving employers unfettered power to dismiss their employees at will for good cause for no cause or even for cause morally wrong without being thereby guilty of a legal wrong”(Halbert & Ingulli, pg.49). To some, it may seem a bit unfair. To others it may have positive sides as well. The following discussion article will go over scenarios of an employee having issues in the employment realm. As we go over these scenarios, the employment at will doctrine will remain in the forefront.
Skills, Competence, and Abilities The first scenario outlines a situation with an employee who seems unable to grasp basic computer applications and concepts. The employee constantly tells her employer that she is a good worker and a genius. After months of training, the employee is still unable to use the computer and be efficient in completing required tasks. The steps that would be taken as an employer to handle this issue are very simple. It is important that each and every employee succeeds in the workplace. There are so many employees that go to work every day just to collect a paycheck and it shows. With this employee I would first gather what moves her. Why are you here in this position? What do you hope to gain out of this position? Those are some key questions that need to be answered. When thinking about competence at work you must consider what the term means. Competencies are the characteristics needed to succeed in a particular job or an assignment. Relevant competencies for a job or task are identified by observing incumbent employees who are regarded as excellent performers in the job or task at in question (www.moneyinstructor.com). In the case of the employee mentioned above I would want to take some time for a one on one session. In the discussion we would go over the competencies and abilities that the employee feels she has. Then we would go over what I as the employer has noticed. Before taking any immediate action such as dismissal, I would first find out a way that the employee could get specialized training/testing so that the competencies and skills could be enhanced. The employee would be placed under a probationary period while under observation. If it noticed that there is no change after specialized attention has been given to the employee, then it would be in best interest of the company and the individual that the employee is released of his/her position. This would only be done after much consideration and time devoted to the situation.
Management, Behavior, and Performance The next scenario centers around an employee who bursts into frantic rages when criticized. This employee has also been observed as being late to work by management and other employees. The employee has been approached about her behavioral issues and the late policy. Her response is that she knows her rights and what to do if she is wrongfully discharged. She also mentions that she took a business law class and knows everything she needs to know about the exceptions to the employment at will doctrine. The employment at will doctrine is one that was set in place for employers and employees. Despite what many may feel, this is not a law that is designed to hurt either party. There are some cases and states that offer tort law. Tort law offers a plaintiff a chance to convince a
Show More

Related Documents: Legal Paper

Legal Paper

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.…

Words 404 - Pages 2

Legal Forms of Business Paper

Legal Forms of Business Paper Sole proprietorship, partnership, limited liability partnership, S corporation, franchise, and corporate are forms of business. Each form of business is different and each form is preferred by different businesses types. All business owners have the main target of making profit. In order for a business to profit it must know the right business form that will work for their business. Sole Proprietorship Sole Proprietorship is a form of business owned and controlled…

Words 984 - Pages 4

Burundi Legal Position Paper

LEGAL COMMITTEE Burundi’s Position on the Legal Aspects of Odious Debt Introduction Burundi, one of the world’s smallest nations, has just emerged from a 12-year ethnic-based civil war. The war started in 1993 and just ended in 2005, which then caused an alteration in the government political system to take on a democratic form. They are now in process of peace although they are still in the struggle of reviving their shattered economy and forging national unity. Burundi is a landlocked…

Words 1312 - Pages 6

Legal Forms Of Business Research Paper

Legal Forms of Business Paper Law/531 June 3rd, 2011 University of Phoenix Legal Forms of Business Paper Selecting the best form of operating a business depends on the type of business the owner wants to run. The owners have to pick the structure that best meets their needs. “The selection depends on many factors, including the ease and cost of formation, the capital requirements of the business, the flexibility of management decisions, government restrictions, personal liability, tax…

Words 950 - Pages 4

Legal, Safety, And Regulatory Requirements Paper

Legal, Safety, and Regulatory Requirements Paper. Marcela G Trevino HCS/341- Human Resources in Healthcare June 15, 2015 Instructor: PAUL FARBER Legal, Safety, and Regulatory Requirements Paper. The legal, safety, and regulatory impact on the human resource department will differ from organization to organization and what the mission is for each. Human resources will lay the foundation of the whole organization and make sure that the employee and employer are safe in any situation. HR…

Words 765 - Pages 4

Legal Drinking Age Research Paper

In 2010, more than 100 college presidents signed a statement arguing that the legal drinking age of 21 years old wasn't working. This is not a new argument; close to every adult has an opinion on the matter. Some people say there are many reasons not to lower the legal drinking age; these include: drunk driving, violent outbursts or destructive behavior, and alcohol poisoning. “5,000 people under age 21 die each year from alcohol-related car crashes, homicides, suicides, alcohol poisoning, and…

Words 644 - Pages 3

Legal Driving Age Research Paper

The legal driving age should stay the same. Safety issues are a big part in what the driving age should be. A twenty-seven percent decrease in accidents from nineteen-ninety-eight to two thousand-five in the age groups of fifteen through twenty years olds (NHTSA ,22). A twenty-seven percent decrease is better than the amount of accidents staying the same or having a slight increase. A nationwide study shows that tougher licensing laws for teenage drivers have reduced deadly accidents among sixteen…

Words 202 - Pages 1

Research Paper On Legal Nurse Consultants

most work in hospitals but some can work for law firms as a legal nurse consultant. A legal nurse consultant is a registered nurse who uses expertise as a healthcare provider and specialized training to consult on medical-related legal cases. They work in many different areas. Some work for insurance companies and some for different government agencies, but many work independently so they can choose which cases to help with. Legal nurse consultants have many different duties, they have the…

Words 316 - Pages 2

Hybrid Health Record Essay

including legal issues. Additionally, I will evaluate a sample record policy for compliance with Washington State Administrative Code, Medicare Conditions of Participation, and Health Insurance Portability and Accountability act. Hybrid Health Record Electronic Health Records (EHR) transition from paper to electronic has necessitated a “hybrid” environment. The combination of paper, EHR, and document imaging (scanning) is causing challenges for Health Information Managers (HIM). Paper forms are…

Words 1063 - Pages 5

GBM 380 Week 1 Individual Essay

Assignment Globalization Paper GBM 380 Week 2 Individual Assignment Business Organizations Paper GBM 380 Week 2 Learning Team Assignment Globalization Trends Paper GBM 380 Week 3 Individual Assignment Culture Paper GBM 380 Week 3 Learning Team Assignment Political and Legal Systems Paper GBM 380 Week 4 Individual Assignment Climate and Topography Analysis GBM 380 Week 4 Learning Team Assignment Infrastructures and Natural Resources Paper GBM 380 Week…

Words 475 - Pages 2