Employment-at-will is a legal rule, giving employers’ unfettered power to “dismiss their employees at will for good cause, no cause, or even for cause morally wrong, without being thereby guilty of a legal wrong.” (Halbert & Ingulli pg.49) In the first scenario where employee is unable to learn the computer applications that are basic to her job responsibilities and even after few months of training there is no change in productivity and is efficient to complete the required tasks; then based on employment-at-will doctrine she was legally terminated. The employer had a legal right even though the reason was specified that the employee will only be terminated for not performing the job successfully ("National conference of," 2012). Also, the employee who was discharged cannot sue the company that she was discharged because the employer did not like her or due to her being female, as the Federal Legislative protections (including Title VII of 1964 of Civil Rights) protects from the wrongful discharge based on race, religion, sex, age and national origin (Muhl, 2001).
Monitoring the progress and documenting is very important when the employee is not performing the job functions that he/she is required to perform. The supervisor should issue a 45 day probationary review first to focus on the areas of improvement and see what else can be done to help the employee progress and improve. If the 45 day review is not satisfactory then a 90 day probationary review should be issued and within this period, an extensive training should be given and once the training is completed then a test should be issued in order to track the improvement. The employee could not still perform the job efficiently and according to the company standards then those instances should be brought into employee’s attention and documentation should be shown. The verbal and written warnings signed by the supervisor, HR and the employee prove the grounds of termination. Documentation is the main element.
Jennifer, being in the accounting position, her mistakes could have caused problems not only for employers but also for the clients. She was hired on the basis of her education and in the expectation that she will perform the job effectively and efficiently. She was expected to improve after providing a training and support by the employer. The employer could have prevented this problem, if they would have conducted the pre-employment testing like skills and knowledge test prior to hiring. All documents like interview notes, reviews, warnings and training record should be saved in her file for future reference.
The second scenario regarding employee’s attendance and behavioral issues again like first scenario allows management to legally terminate the employee. The employee’s discharge was not wrongful because under the public policy exception to employment at-will, an employee is wrongfully discharged when the termination is against an explicit, well-established public policy of the State (Muhl, 2001). The companies have set their own policies that are noted in employee handbook and orientation. First of all, the company should have monitored her attendance every month throughout the course of her employment. They should have set policy of certain amount of lateness like two per month are allowed anything beyond that will result in to taking an action that can lead up to termination. So any lateness or absences should be documented in the employee’s file and should take an action accordingly. If the employee is so defensive when the management brought the issue to her attention, each instance should be documented and witnessed by some Human Resource personnel. The defensive nature and comments about public policy of the employee shows the red flag about the employee’s future with the company. Management should make Human Resources Manager aware of the comments and behavioral issues of the employee as the end result will be lawsuit
Employer’s details, place of work and my job title. At the time of my employment an employee handbook was also handed out which sets out all company policies and procedures Bii. Two changes to personal information i must report to my employer would be: Change of address Change of bank details Biii. Information which needs to be shown on your payslip. Employee’s name and address Companies name and address Employee number Employee’s National insurance number Date Payment Period Payment Method Tax…
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 “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. Without a contract restricting termination, an employer has the right to discharge an employee at any time…
In the past decay, employee voice has become a big factor in the organisations, as it was controversial whether or not employee voice is a method of maintaining a competitive edge in the market. It has long been argued that employee voice is a way to extract a greater degree of employees knowledge as well as improve their work commitment to corporate objectives in workplace (Salanova & Schaufeli 2010), with that been said, there is also the negative side which has been brought to this argument. Firstly…
Employee Management Summary Week 1 MGT/311 Organizational Development After completing the assessments of my team at Riordan Manufacturing, the following are my thoughts and plans for guiding my team to a successful future. I am impressed with my team. Although they are young, they have some excellent qualities and are open to growth. This will allow me to guide them and assist in their upward movement in the company. My staff consists of Amanda, Brad and Andy. All three…
want to be recognized for his or her work and their contribution make inthe maintenance, establishment and development of the company. This involve notonly the basic pay, but include many incentives like fringe benefits. This may differ from employee to employee depending on their post. Every organization havedifferent criteria of measuring the performance of the employees. Some involve AMITY INTERNATIONAL BUSINESS SCHOOL Page 17 Total rewardQuality of workWork/life balanceInspiration/values Tangible…
Employee Training and Development Scott Bourque, D’era Hall, Robert Kinney, Nina McGrath, & Alexa Zerrate HRM/531 November 3, 2014 Patrick Stapleton Introduction (Paragraph 1): Student Scott Bourque learned from this particular assignment that employee training should be viewed as an investment rather than an expense. Employee training costs money over the short-term but provides long-term benefits in the form of more satisfied employees who are likely to stay longer and be more productive…
customers better. This is one of the first steps that I will collect data and analyze a consultant for the following organization to review for any potential areas of opportunity in the area of employee turnover. The desired change to be made in this case is to improve employee retention, while reducing employee turnover. By influencing a positive culture and hiring individuals within motivates employees to work harder to advance and boost company morale. Next I will review the authority of front line…
Employee Relations Dr. Harold Griffin HSA 530: Health Services Human Resource Management February 23, 2012 Introduction Employee Relations involves the body of work concerned with maintaining employer-employee relationships that contribute to satisfactory productivity, motivation, and morale (Hopkins & Hampton, 1995). Essentially, employee relations is concerned with preventing and resolving problems involving individuals which arise out of or affect work situations. This paper will…
------------------------------------------------- Wiley (2012:2) identifies employee engagement as: 'The extent to which employees are motivated to contribute to organisational success, and are willing to apply discretionary effort to accomplishing tasks important to the achievement of organisational goals'. In contrast to this Swarnalatha and Prasanna (2013:52) claim that: 'Employee Engagement is a measurable degree of an employee's positive or negative emotional attachment to their job,…
Employee Surveillance Group members: Harris Affi Embry Kayla Cummings Catelyn Paukou Kouame Introduction Since the 21st century began, we have seen a tremendous rise in technology use within the workplace, including the use of; computers, cell phones, tablets, and televisions. With this big boom of technology comes great responsibility, especially in the workplace. Employers always want to make sure that their employees are working hard and doing what they are supposed to be doing, not going on social…