Reasons for Dismissal
This assignment provides an example of one way a union-free company handled their process of disciplining/discharging an employee.
Begin by reading-
Whitlock, D. (2010, October). Discipline and Termination: Employment Law Blocking and Tackling. Construction Distribution, 13(4), 52. Retrieved August 19, 2011, from ABI/INFORM Trade & Industry. (Document ID: 2184142161).
Then read the following situation:
Susan was hired on January 12, 2011, as a mail delivery person for Val-Tech, a security surveillance company. She signed a "Receipt of Employee Handbook" form that confirmed she had received several company policies dealing with issues such as illness and discipline. The Handbook also stated that the first three months of employment was a probationary period and that employees could be discharged with or without reason during that time.
Val-Tech's policy of progressive discipline included verbal and written warnings, followed by suspension and ultimately termination. It also specified serious misconduct could lead to immediate dismissal. The attendance policy required a doctor's note from employees who were absent for three consecutive days and allowed five paid sick days a year, which couldn't be banked.
Not long after starting her job at Val-Tech, Susan announced she was pregnant. She frequently had to take time off during the day to go to doctor's appointments and in most cases the absences were approved by her supervisor and she made up the time by working through her lunch hours. Her supervisor told her she didn't need a note for these absences.
On March 3 Susan began having severe pain at work. She went to the bathroom and suffered a miscarriage. When she told her supervisor, the supervisor was understanding and offered to take her to the hospital. However, Susan opted to have her partner pick her up and take her. The supervisor told her to rest over the weekend and she would see Susan next week.
Susan returned to work the next Monday but was still in pain. After work she went to the hospital for an ultrasound, but was told she would have to come in the following morning. She informed Val-Tech of her appointment.
Her ultrasound revealed she needed to have immediate surgery. Susan called Val-Tech to advise them of her situation. She ended up having the surgery at 3 a.m., on March 7 and spent the day recovering. She didn't call Val-Tech to update her status, though she believed her supervisor had told her to take the day off if she had surgery. However, Val-Tech considered this an unreported absence.
Susan returned to work the following day, March 8, and was taken into a boardroom, where her supervisor told her "your services are no longer required." She was then escorted out the door.
The note in the file read: "Reason for dismissal: Poor performance and absenteeism. Employee was often late because of sleeping in and had been absent nine times in two months. She was also frequently emotional at work, which affected her ability to concentrate and learn her tasks. This also distracted her co-workers. Verbal discussion held with employee about wearing sweatpants to the office, but still did, and she spent too much time on her cell phone. According to the company, Susan had been verbally warned about the clothing worn, the cell phone usage and her absences.
Susan denied any of this had been discussed.
In your Case paper--
- Please discuss whether or not the terms wrongful discharge, employment-at-will, and progressive discipline apply to the case
- Critique this situation and make a determination whether or not Susan's termination was appropriate.
- Are there processes, procedures, and policies that you recommend changing for the future for Val-Tech? Why?
• In your discussion be sure to bring in HRM terminology, legal terminology, and any other relevant information from your research and readings that pertain to this case.
- Turn in this paper by the module due date. Paper length: 3-4 pages, not counting the cover and reference pages.
Assignment Expectations
1. Prepare a paper that is professionally presented (including a cover page, a "List of References," headings/subheadings and a strong introduction and conclusion). Proofread your paper carefully for grammar, spelling and word-usage errors.
2. Address all aspects of the assignment as stated above.
3. Provide private-sector employer examples of HRM programs, systems, processes and/or procedures as you address the above assignment requirements. Provide the names of the employers.
4. Complement your Internet searching with library searches and be sure to bring in information from the background readings. Evaluate resources and select only library/web-based resources that provide reliable, substantiated information.
5. Give authors credit for their work. Cite sources of borrowed information in the body of your text as footnotes, numbered endnotes or APA style of referencing.