Employment at Will Doctrine

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Employment-At-Will Doctrine Christy D. Harris LEG 500: Law and Ethics in the Business Environment April 18, 2012 Instructor: Dr. Shenia Kirkland The Employment At Will Doctrine states that an employer can terminate an employee for any cause or without cause at any given time unless there is a binding contract in which stipulations can hinder the at will termination process. In this paper you will find four scenarios in which the employment at will doctrine is considered in regards to termination of an employee, preventive measures, and legal implications. Scenario One: Jennifer, an employee that was hired out of college has been unable to learn the basic required skills to do her job. Realizing Jennifer’s incompetence and abilities to perform her job responsibilities as the employer I would began addressing the issues properly by using the following steps to be taken based upon skills, competence, and abilities. First step is to issue a verbal warning: If there are signs of cracks, bring them into your office as quietly as possible without embarrassing the employee, and just verbally discuss the issues at hand. Let them know that this is more of a heads up and not necessarily going to be a write up. Let the employee know you will have to give a written warning if their job performance does not improve. Document and date this verbal warning. This is not a written warning but shows that you did talk to the person about performance related issues. The second step is to issue the first written warning: If the problem is still occurring, and assuming you have done all you can on your end to remedy the situation, bring the individual into your office again, but this time showing how serious the situation has become. Have examples prepared to be able to discuss. You should also already have the written warning filled out to give to the employee once the

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