It is very important for the employer to take the time to make sure that they are hiring the best person for the position. The company also has to look at whether the person is a fit for the position and what the employee will bring to the table. The Silver Oak Company used desperate treatment when it came to their applicants and the employees as well. The Silver Oak Company believed that if they hired young and vibrant employees, this would change their image. The company did not want to be seen as someone that hired only older people. This created a problem within the department; some of the younger employees insisted that the director fire the older employees and disciplined them to push them out of the company. The director refused …show more content…
When an employer disciplines or terminates an employee, it should be done in a proper manner. The termination should be done in a formal way such as written documentation. When any employee is disciplined they should follow policy and procedures. Following the employee handbook could cut down on lawsuits by employees. These types of procedures should apply to every employee that works for the company. The fact that the director was terminated because she did not follow the request of her supervisor, which was to call daily while on medical leave was not in the employee handbook. Later there were additional accusations that were added to the case. The Silver Oak Company was not sure why the director should be fired in the first place. This left room for disagreement that the director could argue that the company prejudice against many of the older employees and they would fire them for no reason. This should also be a counter claim on behalf of the director (Walsh, …show more content…
These laws should have protected the director from being terminated in this situation. The Family and Medical Leave Act was the first major bill that was signed by former President Bill Clinton. The law specifically deals with employers having to provide coverage for eligible employees up to twelve weeks of unpaid, job protected leave in a twelve month period for specific reasons. Employers have the right to terminate employees whom are on FMLA leave for violation of work rules. The rules deals with workers that are working while they are on leave. Courts have also supported termination decisions where the employee’s activities while on leave were inconsistent with the reason that they are on leave ( Collins & Icenogle, 2014). It was not necessary for the director to call on a daily basis. When an employee is out on medical leave, they should not for any reason be required to call anyone. When the company received information that the employee is on medical leave, someone should have been assigned to cover for the employee during this period. In my opinion Silver Oak broke several laws in the way that they handled the director’s
While working at the OB-GYN department in the hospital, Dr. Vandall, as a Vice Chair of the Department of Obstetrics and Gynecology, learned that another employee of the hospital, Dr. Margaret Nordell was engaged in a level of treatment that was unethical and violated accepted standards of care. It was his duty to the hospital and to the patients, to monitor the competence of his staff members. Although he tried to take the proper steps to deal with it within the hospital, he ended up reporting this to the North Dakota Board of Medical Examiners. It was concluded by the Board that the treatment of Dr. Nordell was gross negligence and they suspended her license to practice medicine.
The question before the Court in Staub v. Proctor Hospital is if an employer should be held responsible if an employee who is biased and does not make decisions has an influence on a decision that an unbiased administrator or manager would not usually make. In this case, Mulally and Korenchuk fabricated an allegation that caused Buck to fire Staub. The Court decided that an employer can be held responsible when a biased employee intends to cause an unfavorable employment action by either taking an action or influencing an unbiased administrator. This is because of discriminatory animus which is intent, motive, or state of mind that discriminates against someone else. At the end of the decision, the question that is left to the lower court to
The Supreme Court held the decision by mentioning the employees who refuses unwelcome and threating sexual advances may not suffer any tangible job consequences, however they may recover against employer and it doesn’t need to prove the negligence act of the employer. Quid-pro-quo instance was involved in this case because Ms. Ellerth had to bear with the sexual attention and remarks creating a hostile environment. The action of supervisor was directly related with the scope of environment and it was directly tied with the job benefits therefore, Burlington had to impose the vicarious liability. The Court stated that "a tangible employment actions [which could not be taken but for the agency relationship] taken by a supervisor becomes for Title VII purposes, the act of the employer." Employer should be liable for the action Ms Ellerth faced even though Burlington was not aware of the situation cause by one of their
Found in the case study entitled, Promotion from Within at Citrus Glen, is a staffing process concern. The Citrus Glen Company, based in Florida, is a juice producer that supplies orange and grapefruit to food processors, grocery stores, convenience stores and restaurants in the United States. With rapid growth over the last few years, the HR vice president, Mandarine “Mandy” Pamplemousse, has been worried about how to staff the ever-expanding array of positions for Citrus Glen. Her concern is how to hire and promote enough individuals who are qualified for the needed positions. When Mandy is trying to staff internally, she uses a contractor based in Charlotte, NC called, Staffing Systems International (SSI). When positions become available that are appropriate to staff internally, she sends a group of candidates for the position to SSI to participate in the assessment center. The candidates are in the assessment process for three days. Mandy receives the results with recommendations, a few days after
Ellerth’s case was especially difficult because she didn’t have the means of showing that the employer (Burlington Industries) was responsible for her supervisor's harassing
Stossel and Mastropolo’s thesis did not come until at the middle of the article when they talked about how Murray Schwartz is convinced “that older people can do the job just as well as younger people and believes that employment age discrimination laws are a crucial protection for older workers” (paragraph 11). With this issue, there are two sides of argument in this article: one is from the corporate as to why it is a necessity to fire people when they come of age, and the second one is from the workers being affected at this age discrimination. There are several people applying for jobs these days and a company attempts to fill that job with the best qualified person. If a per...
management should always strive to power downward to empower folks at all levels. A manager
Hiring and promotional processes must remain fair and consistent to maintain a positive and legal employer. References Grossman, J. L. (2010). Lewis v. City of Chicago: The Supreme Court protects the rights of disparate-impact discrimination plaintiffs. Retrieved from http://writ.news.findlaw.com/grossman/20100608.html Lewis v. City of Chicago, 560 S. Ct. 560 (2010).
The process of carefully looking at every decision and the repercussions of that decision is simply good business practice. Every company audits its decisions to make sure its what is right for the company. Firing practices should be no different. To draw some arbitrary line at this point to allow for firing an employee without cause is unethical and egregious business conduct. Due process is simply a sound way of carrying out the practice of removing an employee from the services of a c...
Organizational culture is imperative to the success of the organization. The strength and core values of the organization is supported by the organizational culture. This allows for organization to operate in a specific manner that is specific to that organization and can pave the path for success. Company founders are passionate about their vision and mission and they elude that passion into their employees. When that passion and mission is successfully implied to the employees the company strives in it 's path to success. Founders of companies are the continuing influence for the company to succeed. They pour the foundation of organizational culture so that the vision of their passion is directed in the right path. Organizational culture
An organizational human resources department utilizes the hiring and firing process to meet the organization’s personnel needs. Organizational human resource departments are charged with the oversight of an organizations administration department. The practice of hiring and firing people is a process employer’s conducts on a daily basis. This process has to be done in a proper manner and not in haste. The implication that can occur from the improper hiring and firing process could and can have a positive or negative impact on an organization. Therefore, employers must carefully evaluate their decision to hire/fire individuals and its impact on the organizations’ workplace environment and others employees. Human Resource Management is important for an effective organization. In today’s organization, HRM is valuable to the organization because of increase legal complexities and its known for improvement in productivity. However, management should realize that poor human resource management could result in an outburst of hiring process followed by firing or layoffs. According to (Satterlee 2013, p. 194), “Hiring the best candidate who is also a good fit for the organization is crucial for the success of an organization, because a poor hiring decision will have repercussions across the entire organization”. Satterlee made a valid point because poor hiring could have an impact on the bottom line performance of the firm. In other words, HRM is the contributing factor to the success of the organization including motivating and maintain the staffs. The purpose to the motivation is to ensure that all employees grow to a full potential. According to (Sims 2006, p. 5), “HRM efforts are planned, systematic approaches to increasing organizati...
While working in my prior job I used to see many unethical issues that used to be oversee. There is one that called my attention, perhaps because I got to see how the person will do it over and over and didn’t get cut up; no in the time I was working there. For almost a decade that I know this employee, used to call out using his family as an excuse to be absent. The policy of the company said that excessive absenteeism or tardiness could result in termination of an employee. The rule explain that excessive absenteeism and tardiness will received the three steps warning, verbal, written, suspension and last termination. There are exceptions to the policy to receive an excuse absent or tardiness, which are doctor’s note, school’s notes or
An organization provides every necessary method before making a decision to select an applicant for the job position. A company will provide pre-employment testing/screening in order to select the most qualified candidate. An organization may decide to change its company into more diverse organization and therefore, it is their right to select more diverse employees. However, it is also important not to focus on a person’s gender, age or race. It is still very important to choose an employee who is the perfect fit for the job position. This is necessary because issues may arise and these issues may also impact the organization’s future.
This case involves a corporate response to AIDS in the workplace. The return to work of Paul Cronan, a person with AIDS, after a much publicized law suit, led to a walkout of his coworkers. This case documents the circumstances which preceded the work stoppage. Analyzing this case from Paul Cronan’s supervisors point of view there are three main ethical issues to be considered: duty to protect the interests of the company, New England Telephone (NET); obligation to maintain the rights of the other employees; and duty to provide for the safety and privacy of Paul Cronan.
It is becoming difficult for the company to hire more and more people and retain the best and the brightest of them.