Problem:
Please help me with metrics that FastServe could use to measure the effectiveness of the alternative dispute resolution techniques selected. Nothing real extensive. Please cite your sources.
Case Scenario: Employment Conflict Management:
Introduction: Potential Conflict Identifications
From the business end, the web site suffered technological problems due to the 3-D mannequins downloading being so slow for consumers. FastServe, Inc. has decided to cease the on-line distribution market and downsize its online division.
In attempt to downsize the company, the website development department will be evaluated and employee files to select the potential employees who will be laid-off. Human Resources will assess the employee files for skills, education, attendance, and projects performed. FastServe, Inc. has identified five potential employees and three of which must be chosen for scale back. The five employees that will be looked at are: Carl Haimes, Sarah Boyd, Jenny Mills, Brian Carter, and Nora Manson.
All five employees have good qualifications for their present positions, though there are attendance issues. Carl and Nora have a performance records and productivity achievements that are above average. Brian, Sarah, and Jenny have average performance and productivity achievements. Sarah and Nora possess little to no extra education beyond a high school diploma. Sarah is the only one that is not a contract employee. Brian has a special achievement in the website programming for which he was hired to maintain. Nora has a special achievement via her manner of communicating that has saved two large accounts.
Among the five employees that are being viewed regarding layoffs, there are several issues that could result in retaliation and/or lawsuits. Sarah Boyd is an older worker and could potentially try to claim age discrimination, Brian Carter has absences that are a result of injury, Jenny Mills has absences due to pregnancy and may present a pregnancy discrimination charge, Carl Haimes’ skills are no longer a special need, Nora Manson has good mix of skills but spends time counseling other employees in private matters; however, if laid-off, she could file one of two cases. The first case could be disparate treatment that could be disproved by the company via her productivity record. She may file a discrimination case with the EEOC. After considering all information, there are several options to consider that can reduce risks and lawsuits.
Alternative Dispute Resolution Techniques/Risk Reduction
The required recommendation to resolve the situation of dismissing three individuals would affect Jenny Mills, Sarah Boyd and Brian Carter. Effective communication is the key to handling delicate situations such as this. I would recommend that it not be done on a Friday due to the sensitive nature of one’s livelihood and in a neutral area where it is away from prying eyes and ears. Everything must be document for the company’s protection, as well as the managers. Be sure to have any pay that is due the employee ready for him or her. Keep it peaceful, calm, and direct so as not to stir retaliatory feelings.
There are employees, such as Nora Manson, that can be retrained in another area whose skills will be beneficial to a new department. Another consideration would include those on contract; a contract is set for a period of time and then ends. FastServe may want to consider ending the present contract and rehiring Carl Haimes later as a consultant. However, the pay scale for a consultant is higher than a contract employee. FastServe’s implementation and communication of dismissals are presented will be conducted by human resources.
Implementation Plan for Alternative(s):
To implement dismissal for Brian, Jenny, and Sarah will require finesse and tact. The first to be dismissed will be Brian Carter. Since the website has been dismantled, his services are no longer needed since there is no website to maintain. FastServe will offer Brian outplacement support to help him find another position. This will help ease harsh feelings. This is helpful of FastServe to offer outplacement support as Brian Carter is a contract employee. Contract employees often have many jobs. This will take place Tuesday, May 1, 2007.
The second to be dismissed will be Jenny Mills. This will be a very delicate situation; Jenny has missed time from work due to her pregnancy. As not to upset her, effective and open communication is important. Rather than pointing out absentees and her decrease in performance, she will be informed that she is being laid-off due to the fact that her skills are non-critical; however, she is a good worker and is skilled at taking charge of situations. She will be an asset to any company and offer her a letter of recommendation. This will take place Wednesday, May 2, 2007.
The last to be laid-off will be Sarah Boyd who age must be considered when informing her that she is dismissed. Open communication is important so Sarah is not given to retaliation or filing a lawsuit, though FastServe can justify the layoff. FastServe will offer Sarah a severance package of $20,000.00 and one month of medical benefits, plus vacation pay that she may have left unused. This will ease the tenseness. FastServe will also offer Sarah a letter of recommendation as she has been a valuable employee to the company. Sarah will be laid off Thursday, May 3, 2007. There are several companies that will be viewed regarding succession and/or un-succession in implementing the above recommendations.
Recommended Metrics
Conclusion