14.4 Case sStudy

8/8/2019 14.4 Case sStudy

1/9

Human

ResourceManagement

Assignment # 4

Case studies 12.3,13.1, 14.4

Komal Noor

Umair Jalali

Ali Ahmed


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CASE STUDY 14.4

Respecting Employee Rights and

Managing Discipline

SYNOPSIS

This case is about Applying employment at will to an Involuntary Separation, which tells

about the nature of the case which is a lay off without due process with the employees.

Employees are discharged by the employers without think about their rights. As in Watkinsville

Nursing Home (WNH) in Birmingham, Alabama Betty a nurse helper was discharged without

notices or warnings of her discharge. She claims being fired wrongfully and without due process

as she had signed a contract which was not implied to the practices of firing of employees. Betty

went through a lot of stress due to the discharge without indications. The employee may be

terminated at will for a good reason, a wrong reason or no reason. She had signed an implied

contract which did not offer job security and the employment period was not defined which

means that people may be laid off without their concerns. WNH did not make any promises

while hiring Betty, about job securities and employment period betty can do nothing, but to find

a new place to work.


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Q1.) Do you think that Betty was wrongfully discharged or that she was legitimately

dismissed under the notion of employment at will?

A.1) Betty jobs description was of a nursing helper at WNH, she was fired under the notion of

employment at will which was an implied contract between the WNH and Betty, she was not a

permanent employee as her job description was of a nurse helper. Betty signed a contract without

legal action in future as WNH do not promise any employment for future. The employment was

not a contract it was based on requirements of the employer. Betty was not wrongfully

discharged as the employer can dismiss temporary employees without reason stated in Common

Law, of USA. The hand book or employment policy takes the burden of proof on the company

for a termination decision. The termination decision under the employment at will is legitimate,

as there could be a good reason to do it for the company.

Q.2) Do you think, based on evidence presented. That the company did enough to clearly

establish that an employee could be fired for reasons not listed in the employee handbook?

A.2) The evidence that the company presented enough evidence to establish that an employee

could be fired for reason not listed in the company handbook. It is a managements right to

employment at will, which is that the employer can dismiss the employee at any time for any

reason. The WNH handbook states that it is not an employment contract nor future career is

promised. The employee being dismissed at employment at will by the employer as the

contract is express as well as implied. In implied there is no formal contract, hence the

company has been responsible by stating it in the handbook. Sometimes these employment

contracts lead to law suits, which are 70% rule out for the employee.


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Q.3) In your opinion, did the fact that the nursing home gave Betty the opinion of resigning

or being fired constitute outrageous conduct that intentionally or recklessly caused her

severe emotional distress? Why do you think WNH gave Betty this choice?

A.3) WNH gave Betty option of resigning or being fired which caused her severe emotional

distress. WNH did not provide her with a fair dealings and good faith in the organization. She

could have been given better option; either Betty has been exhibiting troublesome behavior or

was lacking attendance, poor performance, insubordination or substance abuse. WNH gave Betty

these options as there were no good HR disciplinary policies. They use none or progressive

discipline process which eventually leads to such discharges.

Q.4) What should WNH do? Should it maintain its position with respect to the dismissal of

Betty or should it rethink its position? What implications does this case have for the

relationship between employer and employee at WNH?

A.4) WNH should change the HR policies of hiring and firing. They must be clearer with the

state of employment for the benefit of the employee. Employees rights should be given to them,

by the management. The contracts for employment should be expressed, by providing good faith

and fair discipine in the dismissal process. A positive discipline process with supervisors

counseling and training and encouragement to self actualization and good behavior. The HR

should recruit and select right employees for the current positions vigilantly, by using a proactive

approach. Future opportunities and career paths must be entailed by the HR, ensuring effective

performance appraisal system, compensating employees for their contributions and services

rendered. The practices will help the HR and the company to deal with these issues easily

without harming the employees faith with the company. The employees will feel secured and

motivated. The energy would be high towards their work. Hence the relation between the

employer and employee needs to be maintained for a healthy environment and reputation.

Employees probatory or permanent are an asset to the company and there should be taken care of

fairly.


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CASE STUDY 13.1

Coping with the 24-hour Service

Economy at Wal-Mart

Synopsis:

This case study is about how Wal-Mart is coping with the 24-hour service seven days a week in

order to provide more convenience to its customers. The stores in the rural areas are doing very

well, and there are three different shifts for employees, the senior ones attending the day shifts,

and the new employees attending the night shifts. However, it does get more challenging for the

new employees to work in the night shifts since the supervisors are only there in the day time,

and new employees need training and guidance.

Also stores located in the urban areas are facing problems, due to the increasing competition with

hotels and casinos. Turnover rates are high and it has become difficult for Wal-Mart managers to

retain employees, and most of the jobs remain unfilled, due to which it fails to provide that level

of service to its customers. This issue has really been troubling the Wal-Mart managers as they

had planned to expand and open their stores in urban markets in future for growth opportunities.


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Answer # 1

Wal-Mart, since it is open 24-hours a day, has three different shifts for its employees, senior

ones attending the day shift, and the new employees attending the night shift but getting a higher

pay since night shifts are more difficult. It becomes more challenging for the new employees to

attend night shifts since they have to stay away from family. Secondly, they are new so they need

more training from their supervisors but supervisors are only there in the day time. As a result,

they might not do their job at their best. This is unfair to them and they might not be able to

progress. Wal-Mart should not have a biased approach towards their employees. They should

treat them all equally and change employees shifts every now and then.

The effect of the 24-hour service is different in urban areas, as there there is a lot of competition

around and frustrated employees, the minute they get a better job opportunity, switch to another

firm. Hence, turnover rate is high in the urban areas and it has become difficult for managers to

retain employees.

Because the employees on the night shifts are generally the newest employees with the least

experience, and have limited contact with management, there is a high likelihood of employee

dissatisfaction developing on these shifts. Managers need to make a special effort to develop

relationships with these employees in particular since their contact is limited. The effect of the

24-hour service policy on employee relations is different in areas like Las Vegas because of the

nature of those towns. Las Vegas is a 24 hour town, where there are lots of opportunities for

people to get jobs, whereas in a more rural community, Walmart is likely to be one of the only

games in town during late evening hours. Therefore, employees who are working in the Las

Vegas Walmart store are more likely to voice their dissatisfaction with management, and

working conditions than those employees who are employed by a store in a smaller town, where

the employment possibilities are limited.


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Answer # 2

I agree with the approach of Germany to regulate store hours. I think it is a sensible thing to do,

as employees too have a life of their own, and it is difficult for them to leave their families for

work the entire day, sometimes at awkward hours (night shifts) and even on Sundays. I believe

as much as it is important to think about your customers, it is also equally important to give a fair

treatment to employees and considering them the firms assets rather than servants. Those firms

who keep their employees happy are happier, as only happy employees can make happy

customers. Once your employees are happy, there will be no fear of turnover and the firm will

also do well.

This is a cultural norm that is common in some European countries; therefore people in those areas do

not see anything unusual in this practice. The United States is immersed in a culture of instantgratification, and from a customer service standpoint, the public expects easy access to retailers.

However, in a culture which values quality of family life, people are likely to be more tolerant of such

practices. Engage students in a discussion of this issue and some ways of dealing with the business

ramifications of limited hours.


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CASE STUDY 12.3

Keeping workers Compensation costs

under control

Synopsis

This case is about workers compensation costs in respect with Oregon Retirement Apartments

based in Portland. The facility is headed by Barbara Spector the Executive Director. The facility

houses nearly 300 residents and is overlooked by 50 employees.

It states an example of Pat Toole a house keeping employee who had filed a compensation claim

stating that she had sustained a back injury during work. A case was filed and an investigation

ensued during which it transpired that the claim was false as the injury has been sustained during

a skiing vacation.

A new hiring policy was thus implemented by Barbara Spector which stressed that candidates

who had filed three or more compensation claims would not be hired.


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Answer # 1

Barbara Spectors policy of rejecting job applicants who have filed three or more workers

compensation claims is totally fair and ethical. It will definitely sort out the honest and genuine

prospective candidates from the dishonest ones who seek to cash in through unfair means. There

is a chance that a few genuine employees might also be overlooked but their ration in contrast to

the non-genuine ones would indeed be very low.

So the bigger picture needs to be taken in to consideration as the business works within the

services industry that too for a good cause for the old age people so the quality and ambiance

needs to remain positive and there should exist a healthy relationship amongst the

employees/staff and the residents.

Also it is imperative to avoid any risky hassles that may create a financial burden on the

business.

Answer # 2

The main purpose of the Americans with Disabilities Act is that people with disabilities are not

discriminated against during the hiring and recruitment process. People who have sustained an

injury will not go on filing for compensation claims each and every time. An injury most likely

takes place only once. The Act was introduced basically with more stress and focus on people

with permanent disabilities that they are not discriminated against and are provided with equal

employment opportunities.

The impact of this Act on Barbara Spectors procedure will be minimal as she is not

discriminating against disabled people but against non-genuine people and as said before some

genuine candidates might be overlooked but they will be very few.

In order to maximize the effectiveness of this procedure an even more thorough background

check can be made on the candidates ,the situation under which the injury was sustained, the

final outcome of the case whether it was in favor of the candidate or not. Thus taking these

factors into consideration a decision might be reached which will be totally fair.

Documents

14.4 Case sStudy