Employment at Will Dcortine

Copy and paste paper

When new employees are hired for a 60- to 90-day probationary period, it is much easier to let them go at that point if they are not working out. The employee should not be terminated in the heat of the moment.

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.

First, employers need to prove that their expectations for work standards were reasonable and that an average employee is able to perform at your set standards. To prove this, employers need to provide documents that detail the minimum work standards for the job such as a job analysis, and/or a job description. To prove that an average employee is capable of meeting these standards, they should also provide the performance records of other employees who have the same job responsibilities as the terminated employee. The comparison of many employees' performance records to the terminated employee's performance record can be used as proof that indeed it is possible and common for employees to meet or exceed the standards set out and that the terminate employee was well below what is normal.

The next pieces of evidence that employers need to produce are evaluations of the employee in question that document consistent failures to meet the job's performance standards and that disciplinary actions were taken to address the issue in several instances. Evidence to prove this can include: critical incident reports, employee evaluation forms, feedback forms, signed disciplinary actions, notes made by the employer in regards to the employee's performance, etc.

The key to defending your position in this situation is a properly formatted and current performance-appraisal system. It should include a job analysis and contain specific and concrete standards that employees have been made aware of. This should be set out in a writing signed by the employees. It will affirm that they understand and agree to meet the standards. This system should also include provisions that address behavior measurements, and all evaluations should be carried out by a number of reviewers to rule out any chance that any decision was biased by a personal distaste for the employee. The system should also provide employees with the opportunity to appeal the findings. Without this documentation, employers are relatively powerless ito defend themselves.

Since the employee is unable to acquire the skills for the position after months of training,