Employment at will doctrine

Employment at Will Doctrine

In any kind of labor relationship, there exists a balance between: the ability of employers to discharge staff members and the option of employees to no longer work at a particular firm. This delicate equilibrium, among the two parties, is often referred to as the employment at will doctrine. Under these legal guidelines, both the employer and employee can opt out of the labor arrangement at any time (if there is no written contract in place). As a result, neither party must have any kind of legitimate reason for breaking this agreement. However, there are three exceptions to these guidelines to include: if the employment decision will impact public policy, if there is an implied contract between the employer - employee (about compensation or job security) and all decisions must be made in good faith. The combination of these factors means, that employers have to be watchful of any kind of disciplinary actions. ("The Employment at Will Doctrine," 2011)

In the case with Jenifer, she has engaged in a host of activities that could be considered to be in violation of these basic principles. To fully understand the potential impact of any kind termination involving her requires: examining if she should be fired under the employment at will doctrine, the legal implications for both sides, the kinds of preventive measures that will reduce the risks for the employer and if the exceptions to the employment at will doctrine are relevant. Together, these different elements will offer the greatest insights, as to how the accounting firm can address the situation surrounding Jennifer's termination.

Should the firm be legally allowed to fire her based on the employment-at-will doctrine? Why or why not?

Based on the actions that Jennifer was taking, it is obvious that her behavior and her attitude have created a work environment where she is distracting others. The way that this is taking place is through a number of incidents that were caused by something she helped to create. These include: her inability to learn basic computer applications, work with well others, she has taken unauthorized days off of work (during the busy time of the year) and she is involved in a romantic relationship with her supervisor (which is in direct violation of company polices). The combination of these incidents, are establishing the fact that: Jennifer is in breach of company policies, she cannot perform the basic requirements for the position and she has an attitude problem. As a result, the accounting firm can fire Jennifer under the employment at will doctrine. ("The Employment at Will Doctrine," 2011) (Johnson, 2007) ("Set Up Employee Policies for Your Business," 2011)

What are the legal implications for the employer vs. The employee in this particular instance?

The legal implication for the employer is that Jennifer could try to go after them based on wrongful termination (with some kind of civil lawsuit). This is because she believes that she is an expert on the employment at will doctrine. The problem with her strategy is that a pattern of behavior can be established, that shows how she knowingly ignored company policies and could not meet the basic qualifications for the job. The combination of these factors will reduce any kind of negative fallout from potential litigation (with a high probability that a judge will throw out a lawsuit initiated by Jennifer). ("The Employment at Will Doctrine," 2011) (Johnson, 2007) ("Set Up Employee Policies for Your Business," 2011)

As far as the employee is concerned, she will face the possibility of being humiliated in public (if she were to sue her employer). This is because her track record of behavior is relevant facts in the case (which can justify management's decisions). During this process, is when Jennifer's behavior will be brought into question (which will be humiliating for her). At the same time, she could be subject to a counter claim from the company for damages that she caused to the firm's reputation and the work environment. Although this claim will not go anywhere, it will add merit to the company's case against Jennifer. This is when the risks for her will increase, which could have an effect on her ability to find employment in the future. ("The Employment at Will Doctrine," 2011) (Johnson, 2007) ("Set Up Employee Policies for Your Business," 2011)

What preventive measures should the employer have in place in order to reduce any risk or liability on its part?

The best approach is for the firm, is to have clear disciplinary procedures in place. The way that this will occur, is through a process of evaluating and documenting employee behavioral issues. For example, anyone who is in violation of company polices will be subject to a verbal warning that will be documented. In the future, if they continue with this kind of behavior, they will receive a written warning. This will ask the individual to cease with their activities or face specific consequences (which are stated). After this takes place, the person will be subject to possible fines, suspension and dismissal. If this kind of approach is taken, it will ensure that the firm is able to document their reasons for terminating an employee (based on a pattern of behavior). This will make it difficult for them to be able to sue for wrongful termination or make any kind of adverse claims about how they were mistreated. ("Employee Discipline," 2005) (Johnson, 2007) ("Set Up Employee Policies for Your Business," 2011)

At the same time, the company needs to have everyone sign a disclosure agreement. This is when they will state that they know the different policies and procedures. Moreover, they agree to follow these guidelines and to disciplinary action for potential violations of company polices. This will reduce the chances of someone claiming they did not know about a particular rule. While it is simultaneously, protecting the firm against any kind of civil litigation. If this kind of approach is used, it will provide full disclosure and can give managers a process for dealing with problem employees. ("Employee Discipline," 2005) (Johnson, 2007) ("Set Up Employee Policies for Your Business," 2011)

Are there any exceptions to the employment-at-will doctrine that would apply in this case?