Employment at Will Doctrine

Employment at Will Doctrine

At-will employment is actually American Law's doctrine. It states that in the employment relationship, any of the parties involved can break the relationship anytime without any reliability. But only under the condition if no contract was signed regarding the definite term of the employment relationship. There is a whole set of doctrine which maintains and regulates such type of corporate associations. (C, 1996, pp. 375-376)

As a matter of fact, at-will employment involves a lot of issues which need to be seriously considered and discussed. Consequently, the company who hires such employees encounters certain scenarios which can be exceptional, specific or general depending upon the portfolio of the worker and the nature of the business a company does. Normally the management has to address them and it has to be done carefully in order to fix the things. Being the manager and supervisor of an accounting department is matter of great responsibility especially when it comes to the at-will employment doctrine. Some common scenarios are illustrated below and the steps to deal with them. (Haymes & Kleiner, 2001)

1. Scenario involving skills, competence, and abilities:

To learn each kind of skill or ability is not the forte of every human. There are individual differences and the potentials likewise. If somebody thinks that he/she can learn a specific type of task and later on finds that it wasn't his cup to tea then he should not be branded off as a failure. He can be shifted to some other departments. The training phase is actually meant for such issues. It probes out the capabilities and teaches what a person is best at. The manager is ought to look after all such activities going on at the work place. Since the new employers need comparatively more attention, the supervisor/manager should keep a check now and then.

For instance the case here, if she is not good at computer skills and even the training phase couldn't help her learn that, she should be given a chance to try on with the other departments like the people having good oratory and communication skills can be shifted to receptions, people good at writing should be sent to the departments hiring writers and editors and so on. The manager should try to polish the skills and enhance the capabilities. To make her learn something completely new can be problematic for both, the company as well as the employee.

2. Scenario involving management, behavior, and performance:

Since at-will employment is a different type of relationship between the company and the worker, the issues can be really serious when either of the parties can't suck up the prevailing problems. Normally this rests with the employee, because they are confident enough about the doctrine and have the preconceived notion that if they are going to be wrongfully discharge they can take the legal action. But instead of considering the actual reasons which lead to the seriousness of the issues to this extent and the eventual discharge, the kept defending themselves.

Talking particularly about the stated case, it is obvious that anybody would burst up if criticized or told about the dismissal. But the management can make her realize her mistakes. Being late at time for once or twice can be an exception but a hobby can't be tolerated.

Moreover the pointless argument with the officials depicts a kind of a behavior which is not socially and ethically accepted. A meeting can be arranged in order to give her the last warning before the discharge, it is likely to be helpful for her to get back to the track. Make it clear that if the discharge is done on the above reasons, then it isn't wrong or against the doctrine, hence even the law is not going to support her. Compromise and adjust, that is what a work place is meant for. Professionalism is after all the fundamental need in any type of job either major or minor therefore the counter behavior should be according to the ethical standards (Budd, 2004).

3. Scenario involving labor and laws:

Every company has some set standards or the code of conduct which is obligatory for each worker to follow. They modify and determine their behavior for every matter. Since there is possibility that the personal priorities and the professional necessities can have a conflict somewhere, henceforth the business ethics play their role here.

When the company is going through the phase of peek working time and of course thriving, no worker is allowed to take off. However if somebody has a genuine problem then he can be granted a leave but with the consent of the management and the officials. But it is fair and square that company can't afford to give off to any of his employees in that busy period of performance. The issue here is what somebody is does it and even without the mutual consent of the supervisors, like in the case illustrated here. It is suggested to fine her, deduct the pay and make her known about the loss the company had to face as a consequence. Make her realize the important of the trust that company does unto her related to her work. Even if it was religious holiday, the company's matters should be her priority or she could even talk to the management if it was too necessary. Since she did not do either of the things, she is accountable. Furthermore she has got no rights to push the work mates for such acts. Or else, the management would have to think seriously about her presence at the work place and it obviously considers the things which are in the best interest of the company.

4. Scenario involving policies and procedures:

The general conscience supports the statement that the personal relations are ought to be kept away from the professional priorities. But since the gender attraction is something unavoidable therefore there is a proper written policy regarding that. Every company or the organization sets that and defines for its employees. For the case being discussed above, the girl had the offers from her supervisor but initially she was on denial. Later on her friend supported her and gave her the psychological feeding that she should consider his offers. But in the new employee orientation, she was informed that none of the worker is allowed to date her supervisor. The company's policy does not support it and action can be taken against such couples. Later on, she gets involved in the consensual relationship which is not appreciable but at least not as bad as the dating thing that she was initially going to do.