In case 11, A Laid-Off Glass Worker, the Union has filed a grievance against the Company for allegedly violating the Labor Agreement in regards to Ronald Petrie. In this case after Mr. Petrie was laid off the remaining employees in the Glass Department worked overtime and temporary transfers were utilized in the department without calling Mr. Petrie back to his position. The overtime and use of temporary transfers went on for approximately three to four months. It is the Union’s opinion in this case that the Company should have acknowledged the fact that a position was open or needed; and the Company should have called Mr. Petrie back to his position.…
As a new intern for Caledonia Products, my CEO, Mr. V. Morrison has given me one of my first unsupervised assignments will be to provide the company with a financial analyst, that will include providing the calculations of cash flows associated with a new investment that the company is considering investing in. As I am an intern, I have not been asked to provide a recommendation just an analyst. (Keown Martin, Petty 11)…
In order to reduce and even eliminate overtime, the workload handed down by the executive team needs to be re-dispersed more evenly between Ruth Disselkoen and Jack Snyder. Jack will now have less free time for longer breaks and late arrivals to work, and…
1. Legal Issues: Linda Dillon sued her former employer, Champion Jogbra, claiming that it breached an implied contract when it terminated her employment without following the company’s progressive discipline policy as stated in the company handbook. She also argues that the trial court’s summary judgment on her claim of promissory estoppels was incorrect. Champion claimed that Dillon was an at-will employee, and thus could be terminated at any time, and that nothing in the employee handbook created any contract rights. To support this claim, Champion pointed to the prominent disclaimer on page one of the handbook, which stated:…
1. Why should Caledonia focus on project free cash flows as opposed to the accounting profits earned by the project when analyzing whether to undertake the project?…
Your job as VP of HR: You must fire 3 of these employees. Two may be folded into existing openings in the rest of the company. The company could make room for all 5 employees but doesn’t have a true need for them. Assume that the company could justify keeping all or none with current…
2. At what points should Alex consider bringing on additional management? What positions should he fill and in what order? Defend your answer.…
Possible solutions at managing layoffs would include considering alternatives to reducing staff, properly training managers how to handle layoffs, or implementing a hiring freeze. Companies should consider whether job losses are in fact necessary. Too often organizations result to downsizing and don’t even consider the alternatives because they want to show shareholders they are trimming costs. Alternatives to layoffs include cutting wages in management as well as lower level positions, transferring employees to other departments, and using fewer contract workers. Also, training managers on the different type of…
The main topic of the Maytag case is the poor decisions made by Maytag management over the years that created financial hardships, loss of market share, and forcing the organization to outsource much of its operation. The case provides several examples that support the main topic. Three main examples to support the main topic are the loose rains Maytag Corporation gave to Hoover management, lack of cost-benefit analysis planning, and overpaying for acquisitions.…
However, there are issues that should be addressed by the General Manager that could prevent the possibility of costly, public litigation due to a charge of wrongful discharge or a breach of the covenant of good faith and fair dealing. Since all information presented indicates that the employees were of good merit; the employees should have received an explanation of the rationale behind the downsizing decision, especially if there were other employees of similar tenure and performance who could have been eligible for downsizing. The employees need to be made fully aware of their rights.…
The problem with the article Mismanaged layoffs can go “horribly wrong”. Majority of the company/organizations’ managers are not being prepared or trained in terminating of an employee regardless of the situation, for example, job being eliminated, layoffs, or termination.…
Jane has recently been hired as a Payroll Manager for R&S Electronic Service Company, a small business that employs 75 people and is owned by Brad. After a few months of relatively uneventful work, she discovers activities involving Greg, a Service Technician and brother to the General Manager, receiving preferential treatment that she feels is in violation of general business standards and practices. She has been instructed by her General Manager, Eddie, to ignore these potential violations or it will cost her the job. Jane is still in a probationary status with the company and is not sure what the correct course of action should be. The stakeholders in this particular situation are Jane, Brad, Eddie, Greg, the other R&S technicians and employees as well as R&S customers. The potential impact of Jane’s decision could mean loss of jobs, lost revenue, negative brand image, performance issues, decrease in trust with management, negative work environment, poor productivity, and apathy. The purpose of this paper is to examine both the legal and ethical implications of what Jane has witnessed and the recommendation for the corporation on a course of action based on what we have learned to this point.…
Hi Pat, as for the issues of the discharges at the Anderson Cost Club, my thoughts are as follows. The GM at the Anderson Cost is incorrect in saying that we as a company can discharge employees without a reason. There must be a legal reason for the discharge. Now, there are exceptions to the employment at will doctrine. The exceptions are as follows: 1. Bad faith, malicious termination in violation of public policy, 2. Termination in breach of the implied covenant of good faith and fair dealing. 3. Termination of an implied contract term 4. Violation of the promissory estoppel where the employee relied on the employers promise. There are other exceptions that are determined by the individual states concerning warnings issued by employers. If his reasons fall within the exceptions then the employee can lodge a claim for wrongful termination or discharge. Even though the Cost Club is non-union there are laws that we are governed by that were established to protect the employee. Pat, my suggestion is that we hold a conference call and speak with the GM to establish if he had any other reasons other than downsizing his workforce. We should question the GM on any other motives for discharge that he may or may not have had. After the conference call I suggest that we immediately contact our legal team. This is not to insinuate that we are guilty of anything. We should make sure that we cover ourselves and be ready for any legal fall out. Going forward I will make arrangements for some of our legal team to hold some workshops and trainings for our management employees on the guidelines and policies for the particular state that they reside and work in. This is just to ensure that our management team understands and is adhering to the laws that govern us.…
On to a more complicated matter: layoffs. As a little girl I remember wondering why my father had to be laid off and I did not think it fair at all. However, as I matured I understood that businesses function much like households in that they have a budget just like my family did. Because of America’s current unhealthy economy even few layoffs have a negative ripple affect on businesses and our government. For example,…
In scenario number one Pat was discharged for 30 days of severance pay without any written notice of unsatisfactory performance or a corrective action plan. This scenario shows that a contract can exist between Pat and New Corp based on their implied policies or procedures that are like the ones mentioned in the employee handbook that Pat received when hired. This reason gives Pat a reason to sue due to breach of contract. The handbook states that the employee will be notified or given a corrective action plan if the employee’s performance is unsatisfactory. If the employee does not improve by the mentioned date then termination can follow. The Supreme Court has stated with civil rights laws that an employee cannot be discharged from using their rights of free speech. For NewCorp it seems pretty simple that they need to mediate or offer a settlement to Pat because they violated his rights, and he has a strong case. By using ADR methods or settling out of court they would save money on court costs, legal counsel, bad public relations, and all that accompanies a lawsuit.…