CASE ASSIGNMENT 4

You Can’t Fire Me! Check your policy
How about a 900 Percent Raise?
Mia Fernandez
Keiser University
HR Management

Case Study # 2 - You Can’t Fire Me! Check Your Policy

1. What role, if any, should Mary’s past work record play in this case? Explain.

As a general rule, in termination cases for absenteeism, the seniority and past work record of the employee have been factors influencing the decision of labor arbitrators to either uphold or modify the discharge penalty. It is believed that long service employees, and those with good performance records, should receive more consideration when discipline is recommended. However, how much consideration is needed varies with each case and may depend on how diligently the employee has worked to improve his or her attendance. Other factors to consider include
(1) How tolerant management has been to the absences of the employee.
(2) How long the attendance problem has persisted.

2. Does management have a right to know why employees refuse to work overtime? Explain.

Management has no “legal right” to know why employees refuse overtime requests. Regardless, management has a right to question employees about their proposed absences and to evaluate their responses. It would be difficult to operate a business where employers could not question employees regarding absences from work.

Where employees have valid and rational reasons for not working, those reasons are normally accepted when making work assignments. However, where employee reasons for refusing to work are minor, then management will discipline employees, particularly where job assignments are critical to organizational performance.

3. Evaluate the arguments of Mary Schwartz and management in this case.

Mary’s agreement that the company did not follow its published disciplinary policy is compelling. This is particularly true where the disciplinary policy is progressive outlining various penalty steps leading to termination. As noted in the textbook, one purpose of progressive discipline—or a positive discipline policy—is to inform employees where they stand and what is expected of them to achieve acceptable organizational performance. Talking periodically to employees about their behavioral problems may simply not be enough to impress upon them the importance of appropriate behavior. Furthermore, since Mary’s absences are due to accepted illnesses or work-related accidents, she may believe her Absenteeism is acceptable to management.
Management argues that Mary had been warned of her attendance problem. Unfortunately, due to the nature of her absences, improvement could not be expected. Therefore, termination was appropriate. Nevertheless, the fact that management did not follow its written discipline policy greatly weakens its case. Had Mary been given official warning that her attendance needed to improve, she may well have improved her behavior.

4. If you were a member of the company’s peer-review complaint committee, how would you vote in this case? What facts would cause you to vote this way?

In this case, the arbitrator noted that the excessive absenteeism of Mary would normally have justified a termination decision. However, because management clearly violated its progressive discipline policy, a policy upon which the employee could expect compliance, the termination was overturned. As the arbitrator noted, “If employers could pick and choose when they elected to apply progressive discipline to employee behavioral infractions, then the policy serves no important expectations for the employee. In this case the discharge was reduced to a written warning. Management was told it could continue progressive discipline if the employees attendance did not improve.

Case Study #1 – How about a 900 Percent Raise?

1.Is recruiting nurses abroad a good idea for U.S. hospitals facing worker shortages? In the age of globalization, not only are countries becoming more mobile, but so are employees. Because the nursing industry faces such a critical shortage of talent, recruiting abroad is definitely a viable strategy. The recruiting of nurses abroad may threaten the integrity of the nursing profession. If the surplus of nurses increases the wages for nurses may decrease. This may deter Americans to attend nursing school since it is very expensive. Recruiting nurses away from their home country it could produce a shortage of nurses there.

2. Can you think of any cultural problems U.S. hospitals might encounter as a result? The case study talked about the wage difference for nurses and the U.S. wage is so much more. The nurses that are being recruited to work in the U.S. need to understand the cost of living is a lot higher. One big problem would be communication. In the nursing profession the nurses must be able to speak and write English proficiently. The recruiting company should make all abroad nurses to go through cultural training to ensure most problems that would not arise. The nurses face many of the same challenges as U.S. expatriates sent abroad: language and cultural barriers as well as differing nursing protocols. In some instances, the nurses will encounter difficulty from patients who would rather be treated by “native” U.S. citizens. In other instances, particularly when dealing with members of the large Hispanic population in the United States, they will have an advantage. In addition to learning about the country, nursing procedures, and so forth, they will have to learn the politics and culture of the individual hospitals they have joined.

3. What long term recruiting measures should U.S. hospitals strive for?

One long-term strategy the hospitals should pursue is the retention of the nurses they develop, given their significant investment in training them. The hospitals will also need to keep an eye on the labor supply and demand of nurses not only in the United States and Mexico, but worldwide, given the fact that labor is very mobile today. If the Mexico model is successful, the hospital may be able to implement the same strategy in other countries.

References

Snell, S., & Bohlander, G. (2013). Managing human resources (16th ed.). Mason, Ohio: South-Western ;.

References: Snell, S., & Bohlander, G. (2013). Managing human resources (16th ed.). Mason, Ohio: South-Western ;.