What are the major issues that you have identified based on the employee’s concerns?

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Competency

Summarize the employment-at-will doctrine, both statutory and common law exceptions.

Scenario

You are the newest HR associate at a well-known corporation. An employee has contacted you with a grievance.

The following information is shared during your conversation:

The employee has just been discharged from their long-term job. They were not represented by a union contract, and over the past thirty (30) years, they had enjoyed a generally pleasant work environment. The employee emphasizes that a recent change in leadership has been causing significant hostility and intimidation throughout the office, and the employee is convinced these factors culminated in their termination. The employee strongly believes the action is without merit and is seeking damages/compensation from the employer.

The employee wants to know what the legal rights are. You are going to consult with the in-house legal department. You will also need to review and utilize the employee’s file. Access the file below.

PLA2476-Module05-Employee-File.docx

 

Instructions

Prepare a 2-3 page memorandum prior to the meeting with the legal department addressing the next questions:

  • What are the major issues that you have identified based on the employee’s concerns?
  • Complete research to identify legal or regulatory information that supports the employee’s position.
  • What are some of the possible arguments against either the employer and/or the employee?
  • What are some of the likely outcomes in this matter?

Be sure to include in-text citations and a reference page according to APA guidelines.

 

UNFORMATTED ATTACHMENT PREVIEW

Module 05 Written Assignment – Employee Personnel File Requisition Data Employee’s Name: Matthew Patrick Stanton Date of Hire: March 14, 1989 Unit: Research and Statistics Position Upon Hire: Content Specialist (Research and Statistics) Current Position: Senior Content Analyst Promotion Date: June 8, 2001 Performance Appraisal (Annual), Fiscal Year Ending June 30, 2018 Overall Evaluation: Unsatisfactory/Does Not Meet Expectations Supervisory Comments: Employee has failed to fulfill most performance indicators and/or metrics. I have found him on numerous occasions engaging in non-work related activities while in the office. Despite informal discussions regarding such concerns, the prohibited conduct persists. Examples include participating in excessive personal phone calls and using corporate Internet/equipment for recreational matters during the work day. Employee’s productivity has experienced a decline in the past year. His work assignments often remain unfinished and/or neglected, and this trend has been documented by internal management representatives on four (4) separate occasions. Disciplinary Action Verbal Warning: November 14, 2018 Supervisory Notes: Employee attempted to leave workplace early, without prior approval. I spoke with Employee at length regarding employment expectations and general accountability. Written Reprimand: February 8, 2019 Supervisory Notes: Employee failed to report for his standard/scheduled shift on February 7, 2019. Employee did not communicate absence to supervisor or to team lead at any time. Employee was advised that a written reprimand would precede potential corrective action and/or performance improvement plan. Termination and Discharge Effective Date: April 30, 2019 Supervisory Notes: Employee did not show for work on April 29, 2019. No notice was provided. In light of Employee’s history and prior offenses, immediate removal from business premises was pursued. …
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