Wednesday, May 6, 2020

The employment free essay sample

Then I would provide her with an official document stating my concerns of her inabilities to do the job and a warning of termination is she is not able to improve within a given time period. However, Jennifer did not meet the requirements and skills she requires to perform the tasks for her job. The firm hired her based on qualifications she said she could perform and now that she is unable to perform her task, she is no longer an asset to the company. For this reason, she should be laid off from the company with no chance of being re-hired.The employment-at-will doctrine states that an employee is hired based on his/her will and may choose to leave at anytime post-employment. The same applies to the employers in the sense that they can fire her for good cause, bad cause or no cause. The employer does not hold any legal liability as long as no contract was signed upon employment. 2. 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 late policy, the employee’s response is that she â€Å"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 â€Å"everything she needs to know about exceptions to the employment-at-will doctrine and wrongful discharge in violation of public policy†.In this situation, to able to fire Jennifer using the employment-at-will doctrine, it is important to documents Jennifer’s behavior to make sure there are not legal implications based on public policy. I would also make sure our company policies state that coming to work late or inappropriate behavior su ch as rage against other employees is not tolerated. Assuming that it is, I would tell her to review and sign a written statement that she has reviewed the policy. Most employers who implement a late policy usually have the employee read and sign it.This indicates they understand, and if they violate the policy it can lead to termination. As a manager, in a professional manner, the employee would be reminded of the late policy and why it was sign. It is very important as a manager, that all unexcused tardies, and performance of employees be documented as evidence to show that any disciplinary actions was not found on protected activities. (Muhl, 2011). 3. Describe what steps you would take to address the following scenario involving labor and laws: The employee takes a day off from work, without management consent, for her religious holiday observance that falls on a day that is during â€Å"tax season†. The day off occurred during an incredibly busy period for the company during which the employer had notified all employees they were not allowed to take off without prior management approval. Also, there is no labor union for accountants. However, she begins talking to her co-workers during lunch breaks and sometimes during regular work hours, encouraging them to organize and form a union to â€Å"protect ourselves†.As her manager, Jennifer would receive a written warning first, for not showing up to work, although they were notified no employee would be able to take time off during the tax season and not notify management. The written warning is proof that disciplinary action was taken, and if the employees do not adh ere to company policy they will be terminated. The option of dismissing her may be in violation of the federal civil rights laws set in 1960, there are â€Å"remedies against employers who fire workers because of their race, national origin, color, religion, sex, age, or disability† (Halbert Inguli, 2012). Jennifer took off work for a religious holiday. If I do not allow her to take off on this day while allowing others to take off for Christmas or other, religious holidays would be a clear form of discrimination. I also cannot prevent her from forming a union, which is a right that all employees have per the adjustment made to the employment-at-will doctrine in 1935 where â€Å"employees could not be fired as punishment for attempting to organize themselves into unions† (Halbert Inguli). 4.Describe what steps you would take to address the following scenario involving policies and procedures: †¢ The employee’s supervisor consistently asks her out on dates; the employee initially refuses to go out on a date with her supervisor. The employee later discusses the issue with her girlfriend who encourages her to accept his offers. During her new employee orientation, the employee was informed of the company policy, which prevented employees from dating their supervisor an d was given an employee handbook with the written policy. The employee and her supervisor later begin having a consensual relationship. With Jennifer is dating the supervisor, it is important to first, find out if there are any legal implications before trying to resolve conflicts created due to not following company policies. First step would be to have a documented interview with both the supervisor and Jennifer, each individually, to figure out if Jennifer was forced to date the supervisor and if the supervisor implied in any way that her job would be in jeopardy if she declined his offer.If after the interview and further investigation, that there is clear proof that she felt threatened and was forced to say yes, then I am legally obligated to terminate the supervisor. To minimize risk and liability, I would provide a written document to the supervisor of the reason of termination and include proofs derived from the interviews and investigation. When people work together for over a period of time, there is a possibility that an inter-of fice romance will form, and company policy will sometime be broken.

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