Employment at Will

Job Competency and Employment-At-Will

Professor Ilya Enkishev, Strayer University

LEG500, Assignment 1

April 16, 2012

Assignment 1, Scenario 1: The employee seems to be unable to learn the computer applications that are basic to her job responsibilities, but, consistently “tells” her boss that she is “a good worker and a genius” and that he does not “appreciate her”. Even after a few months of training and support, she is unable to use the computer tools to be productive and efficient in completing the required tasks.

Describe what steps you would take to address the following scenario involving skills, competence, and abilities:

As a manager and supervisor, it is my responsibility to see that employees in my department are successfully contributing to the firm. The new employee, Jennifer, has been hired under the assumption that she is capable of fulfilling the specific responsibilities within her position. I would first meet with Jennifer to discuss the status of her projects. During this session, I would encourage her by stressing the importance of her position and how its contributions directly influence the success of the firm. The two of us could review her project timelines and the steps and skills needed to meet each deadline. By reviewing the late and incomplete status of her assigned tasks, she would gain a broader, more objectionable understanding of how her work is assessed by the firm. I would assure her that her individuality was valued. However, I would make it clear to Jennifer that she produced unacceptable work. I would offer Jennifer one month’s probation (along with additional computer training) so that she would still have an opportunity to prove that she was capable of completing the work that she was hired to do. She would have to consent to the following terms in writing: that she was willing to work during a four-week probationary period, and that if she did not improve her performance after the four-week trial then her employment would be terminated immediately.

Should the firm be legally allowed to fire her based on the employment-at-will doctrine?

As stated by Justice