In any organization both employees and employers have rights which govern their employment contracts at their workplace, therefore before an employer terminates the contracts with an employee he or she must ensure that all legal formalities are followed to avoid wrongful discharge, by explaining termination breaches or the reason for termination. This is one way to prevent retaliation of the employees whereby they can sue the employer for wrongful dismissal under employment laws since every employee termination should adhere against federal employment laws. For instance, if the employer terminates the contracts with an employee and it is proved that he or she has done wrongful termination by violating some employment law like; Employee Polygraph Protection Act, Fair Labor Standard acts, Uniform Services Employment and Reemployment Rights Acts, Title VII of the Civil Rights Acts of 1964, Americans with Disabilities acts (ADA) and many more. And rule finds that the employer has breached the precise contractual terms with the employee, then he or she should be sued and pay for the damages. (Macneil, I. R., 1977).
However, in the case of Bright Electronics, Inc., where there is a colossal decrease in the company’s profits as a result of employees violating the employer’s legal rights in their workplace. As a Vice President (VP) of Human Resources (HR), I will terminate the contract of the three of my employees who have shown, misconduct, insubordination and numerous violations of company’s policies and procedures that lay down groundwork’s. These employees include; Alicia Chin, Ali Smith, and Martha Johnson.
Employees to terminate
She is a 28 years old employee in Bright Electronics, Inc. and an Asian-American female who is the topnotch software engineer in the company. Chin is not a team player, since she is withdrawn, unsociable, therefore, it becomes tough for other employees to cope with her. Also, she has many differences with Bob, the company’s contractor, which further proves that her character significantly violates the company’s policy of teamwork promotion. Chin is one of the substantial contributors to the significant decrease in the performance of Bright Electronics, Inc. For instance, she not attend the departmental, staff meeting with other corporate employees to seek a solution for improvement of the organization profits. Also, she violates the company’s codes of conducts, by giving herself one workday holiday without even informing the company’s management or her departmental manager, and this act impediment the proper functioning of the company (Dunford, B. B., & Devine, D. J., 1998). Furthermore, being a topnotch software engineer who is supposed to be the role model to other staffs, it is right to terminate her services so that other new employees will not copy her character. More so, she is the facilitator of the technological problems in the company which has led to a massive decrease in the company’s profits. a
According to the legal termination procedures, the Employment Act, section 45 (2),”…any form of termination the employer is required to prove the reasons for the termination otherwise it will be termed as unfair,” thus it is rightful to terminate Chin under Insubordination, work misconduct, dereliction of duty and Violation of Company Policy. This proves that her termination will be a termination for the cause, which is the legal act since her action. Chin cannot sue the company, under any equality Act, since the termination was a result of her violating the company’s policy and not under any discrimination considerations (Briggs, H. W, 1967).
As a Vice President of Human Resources for Bright Electronics, Inc., the next employee whom I will consider to be terminated is Ali Smith, a 34-year-old naturalized American citizen whose his job performance is always below average. The primary reasons why I will terminate Mr. Smith is that he is always absent from his desk and work, this shows that he is not a dedicated employee. Secondly, he usually takes too many breaks, then acts that dramatically limits the number of hours he is supposed to perform his assigned duties in the company. As a result, this makes other employees in the company to work more hours on his behalf. Per contra, being one of the individuals holding the most critical departments in the company (maintaining existing computer systems) Smith has achieved nothing, over a number of years. The reports show that he has never been given any extraordinary honors or award in the company, indicating that he had always been performing poorly (Pierce, R. J., & Davis, K. C., 2002).
I will consider Smith terminated from the company because his working trends justify that he has no capacity to improve. Although he has right for worship is protected under Title VII of the Civil Rights Act of 1964; therefore I cannot use religious affiliation (his prayers and meditation) breaks as a factor in making that decision since he has right to do so. But I will terminate him on the grounds of insubordination, Attendance issues, and ethics policy violation particularly when it comes to the point where other coworkers are performing his duties, without him making any effort to recover his breaks.
Further playing a role of maintaining existing computer systems in the company it proves that he is one of the key characters that have led to technical problems, and sluggish sales and a significant decrease in the company’s profits. First being that his principal duty is to maintain the existing computer systems and the company is facing, technology problems. This evidences his Incompetenceness in his work despite him having an excellent qualification from a good university.
Ali Smith termination legal under Employee Rights Law addressed on the federal and state levels which allow the employer to terminate an employee if he or she portrays incompetence or violates the company policy. Hence he cannot sue the employer for wrongful termination under, Equal Employment Opportunity Commission (EEOC) since it was a termination for cause.
As a VP of HR, the third person I will consider terminate is Marcy Johnson who is the company’s most talented sales person. Notwithstanding her being a dynamic sales person, Johnson has too many absenteeism from work. For instance, she has missed two months of work in the last 12 months, which substantiates that she is one of the employees c who have been playing a vital role in the significant decrease in the company’s profits.
Further, it seems that she is over-ambitious, proud and difficult person to work since she believes that every success in the company comes from his efforts, for she is smart and talented; thus she does not like teamwork. Besides, she is egocentric, over-ambitious, and difficult person for other employees to work with. Correspondingly, she is not fully dedicated towards the success of the company despite her being a dynamic sales person, since she mostly concentrates in the local chapter of a civil rights groups and her herself getting promoted.
However, there are numerous proves that supports the legality of Johnson termination. This includes company policy violation issues such as Insubordination and absenteeism (Griffin, M. A., Patterson, M. G., & West, M. A., 2001). Besides it is legal under, Fair Labor Standards Act (FLSA) to terminate an employee, if he or she is working in the Culture that violates organizations policies such as, showing up Late, Missing work or generally if he or she engages in the organization Code of Conduct Violations, thus her termination will be legal. Therefore it’s impossible for the Johnsons’ to claim under Title VII and Title II of the Civil Rights Act of 1964, that her firing was as a result of discrimination or wrongful discharge, (Griffin, M. A., Patterson, M. G., & West, M. A., 2001).
As a Vice President of Human Resources for Bright Electronics, Inc., I will prefer to retain Paul Pierce in the company, because of numerous reasons that all profit the future development of the company. Pierce is friendly and willing to help others; this shows he is an individual who likes teamwork development. Besides, he has exceptional experience in Navy that has given him practical experience that goes beyond the abandoned programs, hence he can use these practical experiences and quality programming knowledge to help the company thrive.
Although he has cases of nonattendance, her case is considerable since he has expressed that he agonizes from an illness that has dramatically affected his walking. Therefore, under Americans with Disabilities Act (ADA) it is illegal terminate a who have physical impairments that substantially limit “major life activities,” such as, his walking, sitting, reading, seeing or communicating.
Hence I will prefer to retain him and implement a performance improvement plan for him. More so, Pierce does not seem to be complicated like other employees since he still works hard despite him suffering from illness and other employee discriminating him. For that reason, it is good to retain him for he has the expertise and innovative skills which are essential for the recovery of the company. (Mastroianni, P. R., & Fram, D. K., 1993).
The other employee whom I will retain in the company is Susan Reed. This is because she is a team player, friendly and she does an excellent job as an administrative assistant of the failed programs. Further, she has a vast experience of 25 years with the company this demonstrate that here skills are vital in recovering the company from colossal losses.
Besides, terminating her is wrongful termination because all employees over 40 years are covered under, Older Workers Benefit Protection Act, (OWBPA), which states that before her termination it must specifically refer to ADEA and receive additional compensation, in addition to what he’s entitled to receive. Therefore by terminating her, there will be high chances of getting sued instead of the president toward going against Age Discrimination in Employment Act (Jolls, C., 1995). Instead, she is supposed to be given retirements benefits, but because of her excellent work history, it proves that she is skilled and determined in doing a great job especially in the administrative tasks, which are crucial for the recovery of the company from a significant decrease in the profits. Hence, I will not terminate her.
In conclusion, the termination of the three employees in Bright Electronics, Inc., which will be carried by the president of the company will be termination with a cause. Since all the procedures will be followed and the shortlisted employees will be given a written termination notice as well as a period of notice of termination. This will give them time to review any allegation that they feel they were wrongly considered. Besides, since it is a legal termination process, the president will have to follow all termination processes as they are enforced by The Department of Labor (DOL). This will ensure that the chances of being sued by any terminated employee are minimal.
Postic, L. J. (1994). Wrongful Termination: A State-by-State Survey. Washington, DC: Bureau of National Affairs.
Macneil, I. R. (1977). Contracts: adjustment of long-term economic relations under classical, neoclassical, and relational contract law. Nw. UL, Rev., 72, 854.
Dunford, B. B., & Devine, D. J. (1998). Employment-at-will and employee discharge: A justice perspective on legal action the following termination. Personnel Psychology, 51(4), 903-934.
Deakin, S. F., Morris, G. S., & Morris, G. S. (2005). Labour law(Vol. 6). Oxford: Hart Publishing.
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