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As a manager and supervisor of an accounting department, discuss the following issues related to the employment-at-will doctrine and liability of an employer based on actions and responses to the...

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As a manager and supervisor of an accounting department, discuss the following issues related to the employment-at-will doctrine and liability of an employer based on actions and responses to the employee’s behavior and actions. Jennifer, a recent graduate, has recently been hired by your accounting firm out of college. Upon being hired, she engages in a number of different behaviors that need your attention.

  • For each category of behavior, describe what steps you would take to address the situation.
Write a four to five (4) page paper in which you:
1. Describe what steps you would take to address the following scenario involving skills, competence, and abilities:
  • 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.
2. Describe what steps you would take to address the following scenario involving management, behavior, and performance:
  • The employee tends to burst into a rage when criticized and is frequently late to work as noticed by her boss and other staff members. When her boss attempts to address her behavioral issues and the company late policy, the employee’s response is that she “ knows her rights and what to do” if she is wrongfully discharged. She also says she took a business law class in undergrad that taught her “everything she needs to know about exceptions to the employment-at-will doctrine and wrongful discharge in violation of public policy”.
3. Describe what steps you would take to address the following scenario involving labor and laws:
  • The employee takes a day off from work, without management consent, for her religious holiday observance that falls on a day that is during “ tax season”. The day off occurred during an incredibly busy period for the company during which the employer had notified all employees they were not allowed to take off without prior management approval. Also, there is no labor union for accountants. However, she begins talking to her co-workers during lunch breaks and sometimes during regular work hours, encouraging them to organize and form a union to “protect ourselves”.
4. Describe what steps you would take to address the following scenario involving policies and procedures:
  • The employee’s supervisor consistently asks her out on dates; the employee initially refuses to go out on a date with her supervisor. The employee later discusses the issue with her girlfriend who encourages her to accept his offers. During her new employee orientation, the employee was informed of the company policy which prevented employees from dating their supervisor and was given an employee handbook with the written policy. The employee and her supervisor later begin having a consensual relationship.
5. Use at least three (3) quality legal references in this assignment. Note: Wikipedia and other Websites do not qualify as academic resources.??Your assignment must follow these formatting requirements:
  • Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
  • Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
The specific course learning outcomes associated with this assignment are:
  • Assess how employment-at-will and Sarbanes-Oxley impact corporate whistleblowing.
  • Use technology and information resources to research issues in law, ethics, and corporate governance.
  • Be clearly and concisely about law, ethics, and corporate governance using proper writing mechanics.Grading for this assignment will be based on answer quality, logic / organization of the paper, and language and writing skills.
Answered Same Day Dec 22, 2021

Solution

David answered on Dec 22 2021
116 Votes
1

Situation 1
Employment at will allows the employers to terminate employees at any time, whether it is
ecause of good cause, bad cause or absolutely no cause. This is employment at will in the most
traditional sense. In past decades there have been many exceptions to the law, the 3 most
prominent being exceptions arising due to public policy, implied contract and convenant of good
faith
In this situation however, it is purely a matter of an employee (Jennifer) not performing upto the
mark. The only catch however is that while as a supervisor, I know that she is not doing a good
job, Jennifer herself believes that she is doing fantastic work.
Getting most of the subordinates, and ensuring that they perform upto the mark is the foremost
esponsibility of the employer. Hence, the first thing I will do is to put forth a proper
performance management system and metrices to measure performance. I will take Jennifer’s
uy-in while designing those metrices and then do a transparent performance evaluation against
them. All this has to done in good faith and with an objective to ensure that both the parties get
in sync with the state of performance – cause the same impacts positively/adversely both of us.
The other important thing is that rewards/penalties arising out of the good
ad performance
would have to be made absolutely clear to Jennifer.
Having said that, if Jennifer agrees to the fair evaluation showing her below par performance, it
is then a collective responsibility of both me and Jennifer to take the performance up. If in a due
course of time, the performance improves, it’s a win-win situation for both of us.
If however, Jennifer neither agrees to the fair performance evaluation, nor is able to take her
performance up, the only thing that would be done would be to asked her to leave the setup. For
2

this, I will first take the matter to the head of the accounting function, as well as human resource
function and educate them about the situation. Key to the discussion would be performance
metrices and performance evaluation. As a group all of us have to agree to the same and then
take the step.
This may look like a harsh step but would have to be taken. The output of the overall accounting
function and it’s employees is my responsibility and it’s my right, as well as my duty, to ensure
there is a right mix of people. Legally, like already stated at the start of the solution, I am fully
protected. The employment at will law gives me full right to fire an employee should he/she not
perform well (and if the performance metrices and evaluation is agreeable to all the parties).
Plus, I also have an implied contract with the employee (ve
ally or in writing) that her
performance is pivotal for her continuation in the organization. Since I am safeguarded from any
legal action, and since I am doing what is best for the company, I will terminate her employment.
Situation 2
This is an absolutely open and shut case for me. The employee is at wrong on three fronts:-
1] Demonstration of rage and anger – dete
ent to the coherent functioning of the team
2] Violation of disciplinary policies.
3] Issue of threat
The first case would require me to be absolutely sure that the employee is alone at guilt. Often in
such situations, we see that...
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