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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...
This is because Jennifer's actions were beyond any kind justification for her behavior. As she violated company policies and helped created chaos inside the work environment. Furthermore, her inability to perform specific tasks on the job is a sign of incompetence. This means that her employer can fire Jennifer based on these two issues. As a result, the courts will agree with the decision, because they can show how: her actions made the situation worse and failed to live up to the implied provisions of the contract. ("The Employment at Will Doctrine," 2011) (Johnson, 2007) ("Set Up Employee Policies for Your Business," 2011)
Conclusion
Clearly, any kind of decisions by the accounting firm to terminate Jennifer can be legally justified. The reason why, is because: she has engaged in behavior that is in violation of company policies, she has an attitude problem and cannot meet the basic qualifications of the position. Under the employment at will doctrine, the accounting firm has the authorization to terminate Jennifer and justify their actions from a legal perspective. In the event of any kind civil litigation, this pattern can be used to show how the firm was correct in their decisions. While at the same time, they were also giving Jennifer the benefit of the doubt by allowing her to remain at the company for so long (after repeated incidents).
References
Employee Discipline. (2005). PHLY. Retrieved from: http://www.phly.com/ebrochure/LossControl/Flyer10-05.htm
The Employment at Will Doctrine. (2011). BLS. Retrieved from: http://www.bls.gov/opub/mlr/2001/01/art1full.pdf
Set Up Employee Policies for Your Business. (2011). Business Link. Retrieved from: http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1075124427&type=RESOURCES
Johnson, B. (2007). Implementing Progressive Discipline Policies. FW Law. Retrieved from: http://www.fwlaw.com/Resources/Articles/EmploymentArticles/ImplementingProgressiveDisciplinePolicies.aspx
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