Strayer University-LEG500 | Assignment 1 | Employment-at-Will Doctrine |
Question 1 Since the employer has completed the required training classes and the employee is still unable to complete their duties then the only option the employer would have would be to terminate the employee. Based on the employment-at-will doctrine the employer has the right to terminate the employee at any time. Since the employee cannot perform the duties she was initially hired for then the employer has the legal right to find a qualified replacement. The employer could prove that she was unable to complete her required duties even after months of being trained therefore the employer would have legal rights in terminating the employee. The
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The employee might accept the decision for anger management class and they may not, if they decide not to then the employer has the right to terminate them on the spot. The anger issues can be quite disruptive to their fellow employees and could create extra altercations between coworkers. Beginning in 1960s, federal civil rights laws created remedies against employers who fire workers based on race, national origin, color, religion, sex, age, or disability. (Halbert/Ingulli, 2012) Technically the employee doesn’t fall into any of these categories so depending on the states rules and regulations involving the employment-at-will doctrine they might not have a case at all. The employer wouldn’t be able to take preventative measures when it comes to this type of situation. The employee might become volatile after many years of working with the company and had 10 years of perfect service with the company. I am unsure why the employee brought up a business law class; if they in fact paid attention in class they would know that the employer has the right to terminate their employment-at-will. The employee made those statements in an effort to persuade the employer not to pursue them legally when in reality the employer has the rights to terminate the employee especially if the employee is creating a difficult and upsetting work environment.