Assignment 1 - Employment-At-Will Doctrine

Running head: EMPLOYMENT-AT-WILL DOCTRINE 1

Employment-At-Will Doctrine

Lillian D. Anderson

Strayer University

LEG 500 - Law, Ethics, and Corporate Governance

Prof. Danyelle McCarty

June 2, 2012.

EMPLOYMENT-AT-WILL DOCTRINE 2

Abstract

As a manager and supervisor of an accounting department within the company The Chief

Financial Architect, it is necessary to meet with the newly hired graduate Jennifer Thomas. She

was hired by our firm right out of college and is close to the end of her probationary period.

However, it has been brought to management’s attention that she engages in a number of

behaviors that need correcting. For each of her behaviors, management will describe what steps

it will take to address the situation.


Employment-At-Will Doctrine

Our company, The Chief Financial Architect, has experienced tremendous growth. To

help us we recently hired a new graduate by the name of Jennifer Thomas. She was hired

approximately 90 days ago by our firm. This is her first professional job since graduating.

Although our firm is happy to give her this opportunity, her supervisor and other employees have

experienced behaviors that need to be addressed.

The employment relationships in Florida have long been governed by the

traditional “at-will” doctrine. Under the at will philosophy, “where the term of

employment is discretionary with either party or indefinite, then either party for

any reason may terminate it at any time and no action may be maintained for

breach of the employment contract.” Smith v. Piezo Technology and Professional

Administrators, 427 So 2d 182 (Fla. 1983). (Lewis, 2002).

This paper will make recommendations as to which steps to take in addressing the

behaviors. In our recommendations, we understand the employment-at-will doctrine and liability

of the employer both have to be taken into consideration. We have to consider the following:

1. Should the firm be legally allowed to fire her based on the employment-at-will-doctrine?

Why or why not?

2. What are the legal implications for the employer versus the employee in this particular

instance?

3. What preventative measure should the employer have in place in order to reduce any risk

or liability on its part?

4. Are there any “exceptions” to the employment-at-will doctrine that would apply in this

case?


Employee Skills, Competence, and Abilities

When this position was advertised, our job description included certain requirements and

qualifications in order to successfully fill the position. Unfortunately, Jennifer has been unable

to learn the computer applications basic to her job responsibilities. Below we describe what

steps were taken to address the scenario involving skills, competence, and abilities.

Skills

After hiring Jennifer, she was given assignments by her supervisor. When her

assignments were habitually completed late with mistakes, her weak skills were discovered. She

defended herself by “telling” her boss that she was a “good worker and a genius” and that he did

not “appreciate her”. This behavior strains the relationship with her supervisor and the other

employees in the department.

Competence

Jennifer was given a coach to provide training and support in order to bring her skills and

competence to the level required by her supervisor. “The focus of coaching is to improve

performance and skills. The coach-coachee relationship is collaborative, a relationship of peers”

(Pelan, 2012).

Abilities

After months of training with her coach, Jennifer’s abilities have improved, but

unfortunately, they still are not at the level required by her supervisor.

Company Decision

Since she has not been able to use the computer tools to be productive and efficient in

completing the required tasks, within her probationary period, we will have to fire from her

position. This firm is legally allowed to fire Jennifer based on the employment-at-will-doctrine.


Employee Management, Behavior, and Performance

In the next scenario, management understands Jennifer bursts into a rage when her boss

criticizes her and she is frequently late to work. This was noticed by her boss and other staff

members. These behaviors also strain the relationship with her supervisor and the other

employees in the department. Below we describe what steps were taken to address the scenario

involving management, behavior, and performance.

Management

First, upper management will have a meeting with Jennifer’s boss to discuss her behavior

and our company policy. Then upper management will have another meeting with Jennifer to

give her the opportunity to speak for herself to find the reason for the boss’s criticisms and

reinforce company policy. Lastly there will be a meeting with the boss and Jennifer together.

Behavior

Jennifer’s behavior has been quite destructive since she’s been hired. Her response that

she “knows her rights and what to do” has created an atmosphere that has been divisive within

the department. Manage has reinforced the company does not tolerate this type of behavior.

Performance

Jennifer’s performance has suffered from her lateness and her fits of rage. Though she

has received coaching, her behavior has diminished the progress the coaching made.

Company Decision

Jennifer’s performance and timeliness and attitude will be monitored for the remainder of

her probationary period. Since this behavior has been ongoing and has caused dysfunction

within the department, it is the company’s decision is to dismiss her from her position. This firm

is legally allowed to fire Jennifer based on the employment-at-will-doctrine.


Employee Labor and Laws

Furthermore, in this next scenario, Jennifer took an unapproved day off from work during

the busy “tax season” to observe her religious holiday. Then Jennifer was observed encouraging

coworkers to organize and form a union for protection. These behaviors caused a negative

impact on department morale affecting her supervisor and the other employees. Below we

describe what steps were taken to address the scenario involving labor and laws.

Employee Labor and Laws

To properly address the situation of Jennifer taking a day off from work without

management consent and not have a complaint of religious discrimination under Title VII of the

1964 Civil Rights Act, a potential legal case, we focused our conversation on Jennifer’s

unexcused absence and not the reason of the absence. Her absence caused loss of productivity

for the department during an already busy time. She was given a written disciplinary letter of

correction by her supervisor and it was given to the HR Director. Under Title VII of the 1964

Civil Rights Act she did not inform her supervisor of the conflict of her religious holiday and the

company’s work policy.

It is the policy of this company to respect all religious beliefs and not to discriminate

against any according to Title VII of the 1964 Civil Rights Act which prohibits employers from

discharging or disciplining an employee based on his or her religion.

Company Decision

Jennifer’s actions and behavior again caused disruption in the department. Since this

behavior has been ongoing and has caused dysfunction within the department, it is the

company’s decision is to dismiss her from her position. This firm is legally allowed to fire

Jennifer based on the employment-at-will-doctrine.


Company Policies and Procedures

In our last scenario, management understands Jennifer has a consensual relationship with

her boss, Mr. Clark. This behavior is observed by other staff members and supervisors. This

behavior decreases the morale with the other employees in the department. Below we describe

what steps were taken to address the scenario involving company policies and procedures

Company Policies and Procedures

It is the policy of this company to not have Supervisors fraternize with employees under

their supervision or another Supervisor. This decision is based on Title VII of the Civil Rights

Act of 1964- Sexual Harassment. This policy is given to our new employees during new

employee orientation and is given to them in an employee handbook. This policy is also

reinforced every year to our Supervisors and Upper Management.

Company Decision

Overall, Jennifer’s behavior, performance, timeliness and attitude all have made a

negative impact on the department. The recent development of the consensual relationship with

her supervisor against company policy reinforces her history of poor decision making. Mr.

Clark, Jennifer’s supervisor, knows it is against company policy to fraternize with employees.

He is also aware of the potential sexual harassment case that could have been filed under Title

VII of the 1964 Civil Rights Act. The company makes the decision to fire Mr. Clark for

consistently asking Ms. Thomas out on dates and the pressure this caused Ms. Thomas.

Since this behavior from Ms. Thomas has been ongoing and has caused dysfunction

within the department, it is the company’s decision is to dismiss her from her position. This firm

is legally allowed to fire Jennifer based on the employment-at-will-doctrine.


References

Lewis, J. (2002, September 30). Florida Worker’s Compensation Act Creates Exception to Rule

of “At-Will Employment”.Venulex Legal Summaries, 1-2.

Pelan, V. (2012, February). The difference between mentoring and coaching. Talent

Management Magazine, 8(2), 36.

TITLE VII, The Civil Rights Act of 1964

Documents

Assignment 1 - Employment-At-Will Doctrine