To: Pat Spencer
From:
Date: April 6, 2013
Subject: Cost Club Human Resources Info.
CC: Cost Club Atlanta District Managers
Here is the information requested in concerns to the potential HR issues within the region. I have addressed each individually and outlined below the potential risks and suggestions to minimize future risks.
Message 1: In regards to the situation at our Anderson location where the GM terminated two employees without providing a reason for discharge, the company may be at risk for a wrongful termination discharge lawsuit. The risk will increase if the GM is not able to provide sufficient documentation or other evidence of the appropriate reason for his decision. The GM choose to exercise the definition of at-will employment by “viewing the employment relationship as one to where there is no contractual obligation to remain in the relationship; either party may terminate the relationship at any time, for any reason, as long as the reason is not prohibited by law, such as for discriminatory purposes” (Bennett-Alexander & Hartman, 2007, p. 25). To minimize risk, we will need to partner with the GM to understand how he determined what two candidates would be selected for termination and how that information was communicated to the employee.
Future situations like this can be avoided by educating GMs around the laws as it relates to Employment-At-Will. Prior to any decisions being made in a similar manner, GM’s will need to partner with HR to prepare them to make decisions around this and informing them how decisions may be communicated to store employees. Additionally they should be instructed on how to make an assessment regarding who is terminated.
Message 2: In reference to the Regional CEO’s question of the various types of worker, I would give these explanations. First we need to decide what types of functions we need completed. Once we have decided this we can decide what types of workers we can assign to
References: Bennett-Alexander, D. D., & Hartman, L. P. (2007). Employment Business Law (5th ed.). New York, NY: The McGraw-Hill Companies. Society for Human Resource Management. (1969). Equal Pay Act of 1963. Retrieved from http://www.shrm.org/LegalIssues/FederalResources/FederalStatutesRegulationsandGuidanc/Pages/EqualPayActof1963.aspx