Hr Law - Employment-At-Will Doctrine

Running Head: HR LAW

HR Law

Assignment 1: Employment-At-Will Doctrine

Mubarak Angalo

Assignment 1: Employment-At-Will Doctrine

Law, Ethics, and Corporate Governance: LEG-500

Instructor: Lateefah Muhammad

April 24, 2013

According to the employment at-will doctrine firm has legal right to fire her without any prior information. Firm do not has to give any written or oral consent for the dismissal of any employee. In at-will situation both firm and employee can terminate the contract, whenever they want. If the employee is unable to use the computer tools in a productive manner then according to at-will doctrine her boss has the right to dismiss her from the job without any prior information (Miller & Cross, 2012). Firm does not keep the unproductive employees because her poor performance may affect the company’s overall results.

Before terminating the employee, Company boss should consider some factors according to at-will contract. Termination should not be done on the basis of discrimination due to race, color, caste, age, etc. Employer of the company is strictly prohibited to take any actions against the religion discrimination. Moreover, firm should not violate the laws and regulations of the court. According to at will contract boss can terminate her at any time but both of them should not enter into any written contract (Miller & Jentz, 2010). Due to this reason, employer has the right to terminate her based on terms and conditions on that written contract.

Further, boss should provide some chances to her, so that she can able to improve her performance. Apart from this appreciation from the boss also helps in motivating her to work with zeal and show better performance.

Some exceptions are also included in employment-at-will contract that both parties can use in any situation. In this situation, employee can consider the implied contract based on that he cannot terminate her without any prior information (Miller & Cross, 2012).  

In order to address the given situation, manager needs to provide the full detailed information about the management of company to the employee. It can be helpful for the manager or supervisor to develop the understanding of employees. In the given situation, the behavior of employee is unlawful that leads the manager to terminate employee from her job. As the employee frequently late to work, manager should give the warning to the employee about the behavior in organization. It can be helpful for the manager to maintain the work culture in the organization (Cihon & Castagnera, 2010).

The employment-at-will doctrine provides the platform for employee as well as employer to terminate employment relationship at any time for good cause, for no cause or for wrong cause. In the given situation, the behavior of employee is unlawful that motivate employer to end the relationship of employment with the employees. To effectively address this situation, manager or employer needs to provide guidelines to the employees to maintain ethical behavior in the organization (Miller & Jentz, 2009). It can be helpful in maintaining the environment of company.

In this situation, the Sarbanes-Oxley Act also plays an important role in the accounting firm. The SOX Act also makes it illegal for an employer to fire an employee for reporting wrong doing. In the given situation, company or employer cannot fire employee for its behavior. It is because develop the understanding about her rights and duties is not an illegal in the company and employer cannot terminate employee on this basis (Twomey, 2009). From this situation, it is also identified that her boss attempted to address behavioral issues and company’s late policy but the behavior of employee does not change that can lead the company to terminate employee from her job in the company.

In order to address the situation, manager needs to establish some rules and regulations that support company to manage the behavior of employees. In the given situation, manager should also provide the details of month leaves by the employees. It can be helpful for the manager to inform all the employees regarding leaves in the year. It can also play an important role as a warning to the employees to not take leaves during the important period. Manager should also release some regulations to the employees that bound all the employees to do not take leaves without the approval of management (Cihon & Castagnera, 2010). It can be helpful for manager or company to develop the understanding of employees about the rules and regulations of company.

According to the employee-at-will doctrine, manager or company has the power to terminate employee from his or her job. In the given situation, in order to address the situation, manager can fire employee from her job. It is because in the company, employee encourages co-workers to organize and establish a union in order to protect rights of employees. Termination of employee from her job establishes a message to the other employees that can be helpful for manager to manage company’s environment (Miller & Jentz, 2009). In the given situation, employee violated the provisions of employment contract in manner of encouraging other employees to establish accountant union.