oe has had a difficult life. His parents separated when he was an infant. His mother began drinking heavily to deal with her depression and became alcoholic. Social Services intervened to remove Joe from his mother’s care. Joe’s grandmother took Joe in and raised him from infancy.
Joe is now employed for your company which is situated in California.
His grandmother needs a serious operation on her eyes and will require constant monitoring and help 24 hours a day 7 days a week. Joe
Situation – As the HR Director, you have been asked by a supervisor to provide guidance on an employee that they want to terminate.
Write a memo to the supervisor to address the following:
As the HR professional, discuss the concepts that employees serve “at will,” and can be fired at any time, for any reason that isn’t illegal.
The supervisor has indicated there is a situation of poor performance, some attendance problems, and that the employee is just “not working out.” However, the supervisor is concerned that the employee might retaliate by claiming discrimination, since the employee is part of a minority group. Does the employee have a case? Be specific.
What documentation should the supervisor have? Be specific.
What else would you advise the supervisor to be aware of? Be specific.
section 2 An employee comes to your office and says he wants to anonymously make a complaint to the US Occupational Safety and Health Act. He doesn’t want his identity known to his supervisor, who told a group of employees that he would make life difficult for anyone who complained about working conditions.
Right a memo to your boss:
1. Summarize the basic employee right to file a complaint with OSHA.
2. Does the employee have a right to file an anonymous OSHA complaint? Why or why not?
3. As the HR director, specifically address how your boss should handle the complaint about the supervisor’s actions. Be specific.
tuation – As the HR Director, your company believes that “Safety” at work means more than the traditional meaning regarding physical hazards. Discuss how your organization uses OSHA and the laws and regulations to look beyond just the physical concerns of the employee and to include other aspects of safety in the workplace.
Situation: Your boss comes to your office. He has just seen a YouTube video. A single person appears in the video. Although he appears in the shadows in an effort to hide his identity, the boss clearly recognizes who it is. The person names the company and makes disparaging remarks about the boss and the company. He also complains of unsafe conditions – some of which you know or strongly suspect are true. The person recently received an unfavorable performance evaluation. The boss wants to fire the employee immediately. You have attended an HR conference and learned that the NLRB has spoken on this subject.
What advice would you provide to your boss?
What information from the National Labor Relations Board (NLRB) on the subject, would you include in your discussion with your boss?
What does a specific state law say on the issue? Be specific.
part b Situation – As the HR manager, draft a memo for review by senior leadership that will be sent to employees about the company policy on privacy and the use of technology (such as company computers, cell phones, emails, and other internet access) by employees.
In your memo discuss the following issues:
What are the general rules regarding privacy and use of technology?
Does “The Electronic Communications Privacy Act of 1986 (part of the Omnibus Crime Control and Safe Streets Act, 18 USC sec. 2510 et seq.” apply and how specifically?
Pick a specific state and discuss how that state handles the issue of an employer monitoring its employees’ use of company computers, cell phones and emails?
Do employees have a reasonable expectation of privacy in, e.g., an email they might send at work? A website they might visit, perhaps? How could your policy deal with this?
Be sure and make a distinction in your memo between government employees and private employees as to privacy rights.
part cSituation – You have learned that an employee is writing a publicly-accessible blog. The employee is using their own name, and the name of the company. In the blog the employee makes accurate and humorous comments on fellow employees – who you easily recognize from the descriptions. Some of these comments are unflattering.
Address the following questions:
1. What advice would you provide the CEO of the company? Consider in your advice – Should the CEO respond or not to the blog? Why or why not? And if so, what should blog say?
2. What actions, if any, should our CEO take against the blogger?
3. What specific actions should the company take to protect its brand?
4. Pick a specific state law and is it applicable and if so why and if not, why not?
list references after every parts in the sections
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