A Day In the Life
HRM5020 Business Fundamentals
A Day in the Life
March 1, 2014
Summary of case Shirley Smith is a 58 year old female employee that was a current cancer patient and over the past few years has been performing mediocre work. The issues that Rob Peterson and the company faces, if they should fire Ms. Smith, is that cancer is covered under the American’s with Disability Act. She is a female which makes her fall under the Title VII of the Civil Rights Act and the fact that she is 58 years of age so she is covered under the Age Discrimination in Employment Act. (Popejoy, 2006) Emily Lessiker was one of three final candidates for an Auditor 1 position and just informed Rob Peterson that if she is chosen for the job she couldn’t start until six months later as she has leukemia and is undergoing a bone marrow transplant. The doctors informed her that her chances of recovery are excellent but will need four to five months of recovery time. This puts Rob Peterson in a predicament since she volunteered this information, but it could come back to him that his decision not to hire was based on her condition. (Popejoy, 2006)
Identify the implications of the employment process (termination) described, which may create a legal liability
Termination process Shirley Smith has had three years of poor performance reviews of which during the last review she was required to participate in additional training in order to improve her performance, which she completed. (Popejoy, 2006) The reading doesn’t indicate if her performance had improved although it did state she was not capable of handling increased responsibilities. He should plan on putting her on a performance plan before firing her that way it will protect the company and allow Shirley to show her manager the chance that she can grow and improve on various areas. If he/she doesn’t make a comeback in performance after being put on notice, they must replace that person. (How to
A Day in the Life
March 1, 2014
Summary of case Shirley Smith is a 58 year old female employee that was a current cancer patient and over the past few years has been performing mediocre work. The issues that Rob Peterson and the company faces, if they should fire Ms. Smith, is that cancer is covered under the American’s with Disability Act. She is a female which makes her fall under the Title VII of the Civil Rights Act and the fact that she is 58 years of age so she is covered under the Age Discrimination in Employment Act. (Popejoy, 2006) Emily Lessiker was one of three final candidates for an Auditor 1 position and just informed Rob Peterson that if she is chosen for the job she couldn’t start until six months later as she has leukemia and is undergoing a bone marrow transplant. The doctors informed her that her chances of recovery are excellent but will need four to five months of recovery time. This puts Rob Peterson in a predicament since she volunteered this information, but it could come back to him that his decision not to hire was based on her condition. (Popejoy, 2006)
Identify the implications of the employment process (termination) described, which may create a legal liability
Termination process Shirley Smith has had three years of poor performance reviews of which during the last review she was required to participate in additional training in order to improve her performance, which she completed. (Popejoy, 2006) The reading doesn’t indicate if her performance had improved although it did state she was not capable of handling increased responsibilities. He should plan on putting her on a performance plan before firing her that way it will protect the company and allow Shirley to show her manager the chance that she can grow and improve on various areas. If he/she doesn’t make a comeback in performance after being put on notice, they must replace that person. (How to
References: Americans with Disabilities Act Questions and Answers. (2002, May). Retrieved from ADA.gov: http://www.ada.gov/q&aeng02.htm Gilbert, J. T. (2000, March 22). Performance Management. Retrieved from freepatentsonline.com: http://www.freepatentsonline.com/article/SAM-Advanced-Management-Journal/62205441.html How to Discipline and Fire Employees. (2014). Retrieved from Entrepreneur.com: http://www.entrepreneur.com/article/79928 Job Supports and Accommodations: The Detaisl. (2014). Retrieved from Disability Benefits 101.org: http://mo.db101.org/mo/situations/workandbenefits/supports/program2c.htm Missouri Hiring: What you need to know. (2014). Retrieved from BLR.com: http://www.blr.com/HR-Employment/Staffing-Training-/Hiring-in-Missouri Missouri Wrongful Termination. (2013). Retrieved from Attorneys.com: http://www.attorneys.com/wrongful-termination/missouri/ Pennsylvania Employment Law and Wrongful Termination. (2013). Retrieved from Heavenslaw.com: http://www.heavenslaw.com/lawyer-attorney-2039970.html Popejoy, S. L. (2006). A Day in the Life. Retrieved from The Society for Case Research: https://courserooma.capella.edu/bbcswebdav/institution/HRM/HRM5020/Version0713/Course_Files/cf_HRM5020_A_day_in_the_life.pdf Prohibited Employment Policies/Practices. (1965, July 2). Retrieved from EEOC.gov: http://www1.eeoc.gov//laws/practices/index.cfm?renderforprint=1 Title VII of the Cival Rights Act of 1964. (2014). Retrieved from SHRM: http://www.shrm.org/LegalIssues/FederalResources/FederalStatutesRegulationsandGuidanc/Pages/TitleVIIoftheCivilRightsActof1964.aspx