Thursday, August 1, 2019

Responses to Three Employment Law Encounters Essay

Fast Serve Inc. is a 25 million company, which employs more than 350 people involved in the direct marketing of branded sports apparel. The company decided to open two online marketing and 10% of the workplace was moved to manage the online distribution. After several months, the company noted that they were being affected by this last measure and was going to have to take steps to ensure that the Company is not affected. I am the senior manager in human resources department and was given the task of having to choose three of six employees for layoffs. As responsible leaders and managers have the task and responsibility to evaluate them in a fair and equitable way for all parties. The Company had a record of the human resources department as these six employees had performed their work for the past two years. Be evaluated on performance, Productivity, Special achievements, educational qualification, skills and job responsibility and absenteeism. Firing people is not an easy matter but we have to understand that companies go through changes and you need to change strategies so our companies succeed in, but we have to keep in mind is that we do it in the best way for both parties. After doing an extensive analysis and consultation with legal counsel and others from the company arrives to terms of whom would be the three selected  for layoff. The first was Carl Haimes, though his performance and Productivity was average had some things that made me think it was not so important for the company, evaluating his special achievements he had nothing significant in the past two years and this was an area that was assessed with greater weight and do not want to leave people with high recognition off the company. The performance and other things I realized that Haimes was not essential to the company, but the lawyer told me that it would not be a good time to lay off Because he could argue discrimination based on sexual orientation. The 1964 civil rights acts protects you from any act of discrimination and this could be detrimental to the company if Haimes says there is a kind of discrimination by the company. After several analyses it was decided to continue with the decision to layoff Haimes although this remains to be seen in court since Haimes joined an association to protect the gay community and will go against us for discrimination by sexual orientation. Sarah Boyd is a lady who has a lot in the company but its overall performance is average and does not have any special achievement, though it is painful for many years working in the company this is the second selected  for layoff. We were initially concerned that his age and the Age Discrimination Act could affect our company, but we had doubts that it would go against the company to which he had so much respect and for which he had worked for so many years. After evaluating and analyzing deeply Mrs. Boyd’s situation it was decided to talk with her and her supervisor and explain them that layoffs in dispatch are inevitable and work out to make a severance package that is fair and acceptable to Mrs.  Boyd and to the company. Jenny Mills is the third selected to layoff; her work is average and has no special achievement. Although his work is satisfactory overall their performance skills are not critical. In spite of that I and the lawyer and other people felt it was the best decision we were afraid there was something that could affect the company, she is pregnant and we as leaders and managers need to know that there are laws that protect pregnant women. Pregnancy Discrimination Act which says that any employee can’t force women to leave their jobs because of their status and if this is done it would be violating and discriminating against women. But after analyzing the situation was stipulated to continue his layoff because she has skills that are non critical and therefore would be giving his layoff with a more compelling reason. We have to be very careful about making decisions in companies, we have to advise us well and be very aware of all the laws that protect the company and employees.

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