Law, Ethics, and Corporate Governance
Professor Nekia S. Hackworth, Esq.
Assignment 1: Employment-At-Will Doctrine

Strayer University: LEG500
October 31, 2012

Employment-at-will is a legal rule that developed in the nineteenth century; giving employers unfetter power to “dismiss their employee at will for good cause, for no cause, or even for cause morally wrong, without being thereby guilty of a legal wrong (Halbert & Ingulli, 2012, p. 49). The most common protected categories are those that protect an employee's civil rights based on age, race, sex, religion, national origin, color, disability including the Americans with Disability Act (ADA), or pregnancy. An employer is also prohibited from discharging an employee for whistle blowing, or because the employee has filed a claim for workers' compensation. Acts that run counter to public policy, such as sexual harassment, are also exceptions to the employment at-will doctrine. Finally, an employer may not terminate an employee where an implied employment contract exists (Sarbanes-Oxley Act of 2002, 2006). 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.

Based off the employee unable to learn, even after a few months of training and support, including the employer taken all possible steps to help the employee improve her work performance, it may be time to proceed with employment termination. This of course is the last resort, as all other options in