The employment at will doctrine exists in the United State employment laws that state that either party in the employment relationship can sever the relationship with no liability, so long as there was no definite contract for a definite term of employment governing the relationship and that the employee does not belong to any union or bargaining group.
Skills, Competence, and Abilities
Should she be fired?
According to Stone, (2007), the employees’ skills, competencies and abilities are put to test in this scenario. She is unable to perform as per the standards of the employer, even after the employer has trained her for three months on the computer applications relevant to her performance at work. The firm is legally allowed to fire her based on the employment at will doctrine because there is no apparent reason why she cannot be productive and efficient in completing her tasks. In most cases, the descriptive requirements of the competencies required are always written in the job profile and qualified by the level at which the job should be performed. She does not have any disability that can hinder her to perform her duties.
In this case the reason or cause for termination is poor performance, which provides the legal implications for the employee verses the employer. The employer is free to fire the employee without fearing legal process to be found liable for breach of any contract. On the other hand, she consistently tells her boss that she is a good worker and a genius, and that the boss does not appreciate her. This fact should be approached carefully by the employer, because she could really be a genius, and geniuses are known to be people who can grasp skills, competencies, and abilities very fast. If she can prove this in court, then there is no way the employer can insist that she is incompetent in her duties, yet the court may find that she had learnt the abilities and skills required to perform her duties efficiently.
Measures to reduce Risk of Liability
For the employer to reduce any risks, or liability on its part, is by modifying the contract to include situations or employee actions that would lead to termination for cause. The employer may try and go on this case a little bit slowly, some of the options the employer has is to try and know the actual reason why the employee is no performing as per the set standards. Given that the employee insists that the boss does not appreciate her, should give the boss a hint into the dismal performance of the employee. The employer should try and investigate further the reasons why this employee is making such allegations, because if she can prove this fact in court, then the employer risks incurring liability.
This particular case has no exceptions to the employment at will doctrine (Budd, 2004). As much as, the At will employment is an arrangement that is justified as fair balance of interest between workers and their employers, it may be prone to abuse. Some exceptions make it unlawful for employers to take adverse actions against the employee for specific bad reasons. In this case, there are no exceptions to the employment at will doctrine, but the civil rights laws may provide some exceptions if she is a government employee.
Management, Behaviour and Performance
Should she be fired?
The employees’ behaviours are against the behaviour policies of the company, such as the company late policy of which the employee is aware of. Her rage and kind of response when criticized is totally uncalled for and irresponsible. The company is not particularly free of incurring legal liability in the case of the employee’s outbursts when confronted. There could be many factors that make her behave in this manner, such as psychological factors in her upbringing, her emotional maturity, her values and her personality. Given that she asserts that she knows her rights and what to do, maybe she has seen some loophole in the employer’s handbooks, policies and practices. But for the case of coming late to work, the employer is free to terminate her employment, because this is well stated in the company’s late policy. Employees must arrive on time at work, follow orders, accept limited freedom of speech and conform to a host of regulations (Glynn, Arnow & Sullivan, 2007).
The legal implications for the employer versus employee relationship is that the employer is free to give orders to the employee who must be followed, the employee has limited speech, so she should control the kind of words she uses to respond to the criticism. There would be no wrongful termination on the part of the employer in relation to the employee reporting to work late. For her outbursts, the employee may actually know something from her undergraduate, on the exceptions to the ‘employment at will doctrine’ and ‘wrongful discharge’ in violation of public policy. However, public policy does not protect the employee as the company has not violated any public interest.
Measures to reduce Risk of Liability
The employer preventive measures to avoid legal liabilities are having concrete evidence on the employee’s late reporting and only to stick to this cause for termination. The employer must know why this lady behaves in this manner when confronted, with this knowledge the employer will be in a good position to defend himself, that the apparent outburst are nothing related to the psychological health of the employee. Because if she has an underlying psychological problem, then the employer may face risk of incurring liability, if this can be proven in court, because the employer cannot sack her on health grounds.
The exceptions may only arise in the case of the employee’s outburst when confronted (Don, 2007). There are definitely no exceptions in relation to the employee coming late to work, and this is enough reason or cause for termination. The kind of exceptions would be related to health issues if she can prove that she is psychologically unwell. Public policy is the most recognised exception in the common law, which may vary very significantly according to the way it may be construed. This particular public policy that the employee is talking about, will depend on how she interprets the common law, which might be expressed in the state constitution.
Glynn, P, Arnow-R, &, Sullivan, C. (2007). Employment Law: Private Ordering and Its Limitations. New York: Aspen Publishers,
Stone, W, (2007) “Revisiting the At-Will Employment Doctrine: Imposed Terms, Implied Terms and the Normative World of the Workplace,” Industrial Law Journal
Don M, (2007). The [Missing] Ethical Development of the Strategic Leaders of the Army Profession for the 21st Century,” conference paper, XIII Annual Strategy Conference, Carlisle, PA, April 10, p. 2.
Tichy N, (1997). The Leadership Engine, New York: Harper Business, p. 26.
Budd W, (2004). Employment with a Human Face: Balancing Efficiency, Equity and Voice Ithaca: Cornell University Press,86-88.
Get Professional Assignment Help Cheaply
Are you busy and do not have time to handle your assignment? Are you scared that your paper will not make the grade? Do you have responsibilities that may hinder you from turning in your assignment on time? Are you tired and can barely handle your assignment? Are your grades inconsistent?
Whichever your reason is, it is valid! You can get professional academic help from our service at affordable rates. We have a team of professional academic writers who can handle all your assignments.
Why Choose Our Academic Writing Service?
- Plagiarism free papers
- Timely delivery
- Any deadline
- Skilled, Experienced Native English Writers
- Subject-relevant academic writer
- Adherence to paper instructions
- Ability to tackle bulk assignments
- Reasonable prices
- 24/7 Customer Support
- Get superb grades consistently
Online Academic Help With Different Subjects
Students barely have time to read. We got you! Have your literature essay or book review written without having the hassle of reading the book. You can get your literature paper custom-written for you by our literature specialists.
Do you struggle with finance? No need to torture yourself if finance is not your cup of tea. You can order your finance paper from our academic writing service and get 100% original work from competent finance experts.
While psychology may be an interesting subject, you may lack sufficient time to handle your assignments. Don’t despair; by using our academic writing service, you can be assured of perfect grades. Moreover, your grades will be consistent.
Engineering is quite a demanding subject. Students face a lot of pressure and barely have enough time to do what they love to do. Our academic writing service got you covered! Our engineering specialists follow the paper instructions and ensure timely delivery of the paper.
In the nursing course, you may have difficulties with literature reviews, annotated bibliographies, critical essays, and other assignments. Our nursing assignment writers will offer you professional nursing paper help at low prices.
Truth be told, sociology papers can be quite exhausting. Our academic writing service relieves you of fatigue, pressure, and stress. You can relax and have peace of mind as our academic writers handle your sociology assignment.
We take pride in having some of the best business writers in the industry. Our business writers have a lot of experience in the field. They are reliable, and you can be assured of a high-grade paper. They are able to handle business papers of any subject, length, deadline, and difficulty!
We boast of having some of the most experienced statistics experts in the industry. Our statistics experts have diverse skills, expertise, and knowledge to handle any kind of assignment. They have access to all kinds of software to get your assignment done.
Writing a law essay may prove to be an insurmountable obstacle, especially when you need to know the peculiarities of the legislative framework. Take advantage of our top-notch law specialists and get superb grades and 100% satisfaction.
What discipline/subjects do you deal in?
We have highlighted some of the most popular subjects we handle above. Those are just a tip of the iceberg. We deal in all academic disciplines since our writers are as diverse. They have been drawn from across all disciplines, and orders are assigned to those writers believed to be the best in the field. In a nutshell, there is no task we cannot handle; all you need to do is place your order with us. As long as your instructions are clear, just trust we shall deliver irrespective of the discipline.
Are your writers competent enough to handle my paper?
Our essay writers are graduates with bachelor's, masters, Ph.D., and doctorate degrees in various subjects. The minimum requirement to be an essay writer with our essay writing service is to have a college degree. All our academic writers have a minimum of two years of academic writing. We have a stringent recruitment process to ensure that we get only the most competent essay writers in the industry. We also ensure that the writers are handsomely compensated for their value. The majority of our writers are native English speakers. As such, the fluency of language and grammar is impeccable.
What if I don’t like the paper?
There is a very low likelihood that you won’t like the paper.
- When assigning your order, we match the paper’s discipline with the writer’s field/specialization. Since all our writers are graduates, we match the paper’s subject with the field the writer studied. For instance, if it’s a nursing paper, only a nursing graduate and writer will handle it. Furthermore, all our writers have academic writing experience and top-notch research skills.
- We have a quality assurance that reviews the paper before it gets to you. As such, we ensure that you get a paper that meets the required standard and will most definitely make the grade.
In the event that you don’t like your paper:
- The writer will revise the paper up to your pleasing. You have unlimited revisions. You simply need to highlight what specifically you don’t like about the paper, and the writer will make the amendments. The paper will be revised until you are satisfied. Revisions are free of charge
- We will have a different writer write the paper from scratch.
- Last resort, if the above does not work, we will refund your money.
Will the professor find out I didn’t write the paper myself?
Not at all. All papers are written from scratch. There is no way your tutor or instructor will realize that you did not write the paper yourself. In fact, we recommend using our assignment help services for consistent results.
What if the paper is plagiarized?
We check all papers for plagiarism before we submit them. We use powerful plagiarism checking software such as SafeAssign, LopesWrite, and Turnitin. We also upload the plagiarism report so that you can review it. We understand that plagiarism is academic suicide. We would not take the risk of submitting plagiarized work and jeopardize your academic journey. Furthermore, we do not sell or use prewritten papers, and each paper is written from scratch.
When will I get my paper?
You determine when you get the paper by setting the deadline when placing the order. All papers are delivered within the deadline. We are well aware that we operate in a time-sensitive industry. As such, we have laid out strategies to ensure that the client receives the paper on time and they never miss the deadline. We understand that papers that are submitted late have some points deducted. We do not want you to miss any points due to late submission. We work on beating deadlines by huge margins in order to ensure that you have ample time to review the paper before you submit it.
Will anyone find out that I used your services?
We have a privacy and confidentiality policy that guides our work. We NEVER share any customer information with third parties. Noone will ever know that you used our assignment help services. It’s only between you and us. We are bound by our policies to protect the customer’s identity and information. All your information, such as your names, phone number, email, order information, and so on, are protected. We have robust security systems that ensure that your data is protected. Hacking our systems is close to impossible, and it has never happened.
How our Assignment Help Service Works
1. Place an order
You fill all the paper instructions in the order form. Make sure you include all the helpful materials so that our academic writers can deliver the perfect paper. It will also help to eliminate unnecessary revisions.
2. Pay for the order
Proceed to pay for the paper so that it can be assigned to one of our expert academic writers. The paper subject is matched with the writer’s area of specialization.
3. Track the progress
You communicate with the writer and know about the progress of the paper. The client can ask the writer for drafts of the paper. The client can upload extra material and include additional instructions from the lecturer. Receive a paper.
4. Download the paper
The paper is sent to your email and uploaded to your personal account. You also get a plagiarism report attached to your paper.
PLACE THIS ORDER OR A SIMILAR ORDER WITH US TODAY AND GET A PERFECT SCORE!!!