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Legal Case Study: The Last Straw For Aero Engine

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Legal Case Study: The Last Straw For Aero Engine
Case Study: The Last Straw for Aero Engine
Firing an employee is the most burdensome task a manager will ever have to face. No matter the reason for the discharge, an employee may become angry or defensive and look for someone to blame. If the termination is not handled correctly, the company could be exposed to allegations of wrongful termination which could lead to a costly lawsuit.
Case Overview This case recounts the story of an employee at Aero Engine who was fired after a supervisor caught him lounging, when he was supposed to be working on a high-priority project. Tom Kinder worked at Aero Engine for fourteen years when he was terminated. He was an excellent employee for nine years but, five years ago, when he went through a rough
…show more content…
First, the supervisor initially believed Mr. Kinder’s actions to be a result of a devastating divorce. This led him to suggesting that Mr. Kinder seek help from the Employee Assistance Program, however the services are confidential, so it is unknown if Mr. Kinder sought out those services. The case study provided that Mr. Kinder was absent 27 total days, 9 partial days, and late 19 times, however he was only given one written warning. This implies that the supervisor and production manager failed to provide progressive discipline. According to our textbook, “Progressive discipline is the application of corrective measures by increasing degrees” (Snell, Morris, & Bohlander, 2016, p 521). An example of this would be going from a verbal warning, then progressing to a written warning, if the action then continues it could change to a suspension from the organization with or without pay, and finally it may end with termination. Additionally, the director of human resources also failed to handle the case …show more content…
Kinder’s discharge went to arbitration I would decide the case in favor of Mr. Kinder. Employers have a responsibility to provide discipline and inform an employee when their actions are not meeting expectations. Mr. Kinder was only given one written warning about his absenteeism and no written warnings about his performance. Additionally, when Mr. Kinder was terminated, he was not given an opportunity for his own due process. He was not in a neutral location when the termination occurred, nor was he given the chance to speak up for himself and his actions. The labor and management will most likely present arguments that will show Mr. Kinder’s pattern of absenteeism, however, there will be no follow-up documentation from his supervisors because they failed to do any written

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