Employment-At-Will Doctrine - Research Paper Example

This discussion is based on four cases of employee-at-will doctrine and liability of an organization on these cases. The objective of the discussion is to find out the possible actions and responses on certain circumstances of employees’ behavior and performances in an organization. Case 1 In the first case, it can be observed that Jennifer (an employee) is unable to learn the usage of certain computer applications which is one of the core tasks of her job. It can be observed that the employee does not comply with the job skills requirements in order to perform the assigned tasks.

Hence, it can be assumed that her employment is dependent on her request and interview procedure. Although the organization has recruited her on the basis of her qualifications, she is incapable to perform her assigned job. Thus, she could no longer be termed as a valuable human resource for the organization. The employment-at-will principle describes that an employee who is recruited on the basis of his/her own consent can choose to leave at any moment. The same is true for the organization, as it can also terminate, Jennifer on appropriate grounds.

In case of termination, the organization will not embrace any kind of legal liability if no agreement was contracted between Jennifer and the organization with respect to employment. However, there is one exemption to the principle of employment-at-will which states that the organization cannot dismiss Jennifer if public policy supports her. Since Jennifer is not protected by any kind of public policy, the organization can easily dismiss her from employment. The other exception of employment-at-will is implied contract which is termed as oral covenant.

Thus, this implied contract or oral pledges can prevent the organization to terminate Jennifer. Thus, the organization must arrange documentations in order to prove the basis for termination of Jennifer (Muhl, 2001). Case 2 With respect to second case, it can be observed that the employee (Jennifer) has certain behavioral problems in the workplace, as she frequently arrives late at work and also demonstrates rage when she is criticized. Furthermore, she also demonstrates self-justifying attitude to the organization.

In this context, it can be stated that the organization can dismiss her in a legalized way. In order to do so, the organization will need to record her every absence and late. Furthermore, each occurrence of defensive attitude shown by her and comments on behalf of employee rights also must be documented appropriately. The organization can bring this matter in front of her in order to make appropriate solution to the problem. With respect to her defensive attitude and comments about employee rights, the management must prepare in order to face any kind of legal proceedings while dismissing the employee (Urhuogo, 2010).

Case 3 Concerning the third case, it can be observed that the employee (Jennifer) had taken a day off from work due to the observance of certain religious activities without taking proper consent of the management. Furthermore, the day off occurred during extremely busy period for the organization, during which the employer had informed that its employees will not be permitted to take any leave without any previous approval