Employment-At-Will Doctrine

Edward Keith Powell Jr.

Dr. Lateefah Muhammad

Legal 500

January 24, 2013

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.
After much research and referring to my experience as a leader of over 300 employees I have several suggestions to make regarding her performance. The steps I would suggest taking to ensure success for the employee are: 1) Have a face to face conversation and evaluation with the employee to set clear expectations and set goals for performance. Once this is completed ensure complete understanding on the employee’s part by asking her to repeat back to me or send a synopsis of the conversation to ensure a clear understanding and what the next course of action will be to ensure her successes. 2) After a grace period to allow the employee to step up her game and perform at the expected level a second evaluation will be needed to see the success or still lacking skill sets. 3) Offer a solution to the issue with performance and computer knowledge by a mentoring program or a continuing education course through the local community college or professional organization. Use a velvet-glove approach to ensure you are wanting to see success, not failure on the part of the employee but offer consequences if the performance is not improved upon through higher education and learning. Show the impacts of her short comings to the bottom line and the implications of the low skill set to her in means she can understand. Whether this is to her pocket book or longevity as an employee. Strive to ensure you want her with your team and her skill set is important not only to her professional growth but to the entire team and company (Lindwal 2013). 4) Once the skill set is improved through mentoring or higher education seminars ensure that I offer positive feedback on growth and show appreciation for her dedication to the tasks and then elevate the needed skill set to the next level. At this point all will be great and we will move forward. 5) If the skill set is not improved upon or the employee cries fowl, then other alternative actions may be required to ensure profitability to the company and my team as a whole. This action could lead up to and past termination, reassignment of job duties, or a forced movement of the hand to demand education.

Describe what steps you would take to address the following scenario involving management, behavior, and performance:

The employee tends to burst into a rage when criticized and is frequently late to work as noticed by her boss and other staff members. When her boss attempts to address her behavioral issues and the company’s late policy, the employee’s response is that she “knows her rights and what to do” if she is wrongfully discharged. She also says she took a business law class in undergrad that taught her “everything she needs to know about exceptions to the employment-at-will doctrine and wrongful discharge in violation of public policy”.
Anytime you have an employee who feels they are above the law or rules of an organization you have an issue at hand. I find this type of employee to be a cancer in my organization that breeds discontentment and fosters others to grow in the wrong direction to ensure a successful team. You must handle this type of employee with a great deal of care and ensure the rules of the game are clearly spelled out and understood to avoid any interpretation under the law. Once, upon enacting