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Employee at Will

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EMPLOYMENT-AT-WILL DOCTRINE

EMPLOYMENT-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. I’ll meet with her direct supervisor to discuss all training given thus far to her. And if found she has been given adequate training and support since the first day of employment, I’ll 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.

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