First 2-3 words of Title EMPLOYMENT-AT-WILL DOCTRINE

Employment-At-Will Patsy Jones

MPLOYMENT-AT-WILL Recruiting and selecting a qualified candidate can be a daunting task for managers and human resource personnel alike. What if the selected candidates knowledge, skills and assessments are all met at they are subsequently hired? Only later to find out the individual cannot perform the basic job responsibility at the minimum level. How as a manager do you remedy this situation? Do you relieve them of their duties or reassign them to a different position? Whatever decision is made all facts and information has to be accurate even though the company is an at will employer. It was brought to my attention that Jennifer, the recently hired accountant, appears to be incompetent after being on the job several months. Ill meet with her direct supervisor to discuss

First 2-3 words of Title all training given thus far to her. And if found she has been given adequate training and support since the first day of employment, Ill move on with a solution. My first initial process would point out any necessary labor laws to address incompetent employees. I would look at the legal aspects should dismissal become the resolution. If the

company has any procedures on firing at will employees that will be considered. Being cognizant of the termination process of all employees and the help of human resource personnel will ensure a right decision is made. Therefore no labor laws are broken and the employee rights have not been violated. I would meet with HR to see if any contractual agreements were made upon initial hiring of the incompetent employee. Human resource personnel usually structure new employee packages detailing probationary period expectations within a specified time. This will allow both the company and the employee to part ways should this happen within the allotted time. Such time periods are from 3 months to 1 year. EMPLOYMENT-AT-WILL An employee found to be incompetent within the probationary time frame is sometimes offered several choices. They can either accept another position within the company, or asked to leave without any recourse. Often it is better for the individual and the company if the employee leaves at the end of their trial period says Silva Payne, author of How to Deal with Incompetent Employees.(2010) After the investigation is over, all the information is gathered, and the employee, if found to be incompetent, Ill make a recommendation to either reassign or release. Management, Behavior, and Performance.

First 2-3 words of Title Employees that are consistently late and disruptive when confronted by management will not be tolerated. Any employee found to be in violation of these actions will be subjected to disciplinary action and or termination. Take Jennifer the recently hired accountant as an example. Shes always late to work, and confrontational and its noticed by her other coworkers. As a manager theres a willful duty for me to find out why she is constantly late. Also to see if a plan could be implemented to alleviate her always not showing up for work at the respected time. It may be an issue with babysitting or transportation. Car trouble or some sort of legal issue may not allow them to drive. If public transportation is being used then maybe an earlier route need to be chosen. A shift change may also be an alternative. As for Jennifer being disruptive and goes belligerent when confronted by her supervisor, the work place can become a hostile environment. If nothing is done to resolve this concern, other workers may feel they are inclined to behave the same way or worker moral diminishes. Maybe continuous counseling could aid in the employee change of behavior.

EMPLOYMENT-AT-WILL Dan Betts, author of Employee Termination Guidebook says, Ive had employees that just couldnt be rehabilitated no matter how hard I tried. To alleviate this, I would meet with Jennifer to gather information as to why she becomes irate when criticized. She may be experiencing difficulties in the home or maybe a hardship has occurred. But she needs to be told that this sort of insubordination in the workplace cannot continue.

First 2-3 words of Title I would also meet with her to get a better understanding and see if a plan could be put in place for corrective action. Then I would give her a trial basis for continuous progress and meet weekly to discuss. She would be warned the organization would not be bullied in to idle threats based on employees feel they are being treated unfairly. She would receive a copy of the companys employment policy based on wrongful termination. Labor Laws When an employee takes upon themselves to skip work as a no call no show be it leisure

time or religious activities can sometimes be looked at as voluntary termination. Employees need to realize they cannot show up for work when they feel like it. They are paid to show up for work as scheduled and if future time off is needed then it needs to be planned ahead and accordingly. And if the time off being requested coincides with business needs, then the business needs supersedes and will be enforced. To address Jennifers no call no show issues Ill wait until she comes to work the next day. Ill ask her why as company policy, she did not notify management about the absence. When she explains the absence was due to religious observance, Ill go over the companys attendance

EMPLOYMENT-AT-WILL policy. She will be told that no call no shows not only affects coworkers, it affects the company as a whole. Ill explain to her that by her calling in it will give the company time enough to make other arrangements to get the work done. She would then be told that while the company does not discriminate against religious affiliations, we do have a business to operate. Ill have her to sign a

First 2-3 words of Title copy stating she understands the next time this occurs, she would be subjected to disciplinary actions. While shes in my office Ill discuss the union organizing rumors.

As a manager I would want to know if there is any unfairness at the work place. Ill ask her to outline why she feel theres a need to try and organize a union. Ill let her know her know that while workers have the right to form a union, she would be reminded of section 7 of the National Labor Relations Board. It states Sec. 7.[157] Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment as authorized in section 8(a)(3) [section 158(a)(3) of this title]. She would also be given the definition of what it means to her and the other coworkers. It means that employees have the legal right to help organize, to join and to support a union of their own choosing. This includes such activities as signing a union card, getting others to sign EMPLOYMENT-AT-WILL cards, attending union meetings, wearing union buttons, passing out union literature and talking to union and other employees. It states that employees have the legal right to join together and work as a team in order to help each other.

First 2-3 words of Title It says that employees have the legal right to deal with their employer as a group, rather than individually. It gives employees the legal right to take such group action as they feel necessary in order to gain their desired goals so long as these actions violate no other laws. It does not mean that employees have the right to carry on union activity during working hours or to allow their union activity to interfere with their jobs. (For this purpose, break time and lunch times are not considered as working hours.) After going over the companys policy on workers right to organize, Ill let Jennifer know if found to be in violation disciplinary action would follow. Policies and Procedures When workers are hired to work for a particular company more than likely they will have coworkers. When coworkers interact with each other whether its for training together or working side by side, a bonding starts to form. Coworkers are with each other more than their own families. They usually discuss simple topics to pass the day away. As they become more comfortable with each other they tend to build a trust. And from this trust the conversations become more interpersonal.

One may begin to build an attraction for the other. They begin to have amongst themselves they wouldnt otherwise share with the rest of the office. The social climate between the two EMPLOYMENT-AT-WILL begin to escalate as phone numbers may be exchanged. They begin to talk more outside of work hours as the coworker relationship now becomes a friendship. After maybe a week or two of communicating by phone outside of work, the comfort level increases. When the workday is over and the two are heading to their respective cars, an

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invitation to discuss work is offered. Both are aware of the companys policy on fraternization. The offer is accepted and the two meet up at a sports bar. Its obvious theyre enjoying themselves as the laughter increases. During the conversations they may find out they have a lot in common. At work their coworkers begin to notice cohesiveness amongst the supervisor and his subordinate. This begins to cause low morale between other employees as they suspect favoritism is given. Im notified anonymous about the behavior. The fraternization policy begins with a statement of purpose, says Marilyn Lindblad , author of Policies on Fraternization in the Workplace. As manager I begin to thoroughly investigate to be positive the supervisor and the subordinate are in violation of the companys policy on fraternization. This includes conducting interviews with other employees and managers. Then I would meet with the two alleged violators individually to get their side of the story. I would also reiterate the compan ys policy and let them know the investigation is ongoing. And because of the companys strict policy on fraternization, I would inform them if the accusations are true they would be terminated.

EMPLOYMENT-AT-WILL I would also let the other workers know fraternization policies dont stop workers and coworkers from becoming close during working and non working hours. I would let them know they are in place so favoritism and sexual harassment wont occur.

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EMPLOYMENT-AT-WILL References Betts, Dan The Employee Termination Guidebook http://www.employeeterminationguidebook.com/

First 2-3 words of Title Lindblad, Marilyn Policies on Fraternization in the Workplace http://smallbusiness.chron.com/policies-fraternization-workplace-23412.html National Labor Relations Board National Labor Relations Act http://www.nlrb.gov/national-labor-relations-act Payne, Silva How to Deal with Incompetent Employees http://helium.com/items/1869455-incompetent-employees

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