FastServe has a tough decision to make. The five employees on the list have their own sets of good and bad points. Termination of an employment needs to be handled with care to avoid facing three labor suits. Being a direct marketing organization, what the company needs are people who have the skills that are useful in its kind of business. Since the company is closing down its online marketing and distribution channels, it does not need people whose skills are limited on those areas. It needs to retain people who can make positive contributions to its main business.
The first consideration that FastServe must take note of is how that employee will contribute to the direct marketing business. In line with this, FastServe takes productivity into serious consideration. Next, the company must also take into account other things like compliance with the company’s policy on attendance, work performance, productivity, and work redundancy. Another important thing to consider is the employees’ work status, whether they are full-time, contractual, or under a labor bargaining agreement. This is a very important consideration to avoid abuse of the Employment At Will doctrine.
Finally, the company must take into account the different anti-discrimination in the workplace laws . Each person on the list could file for discrimination when terminated because each one of them falls under the protected minority. Before FastServe will have to choose the final three people for termination, the company must talk to each one of them and give them time to defend themselves or improve on weak areas. Even if the layoff is not on a large scale basis and would not violate the WARN Act, or the Worker Adjustment and Retraining Notification Act, it still would be humane and preventing legal actions if the company would do this act.
Carl Haimes – Retain Of all the employees on the list, Carl Haimes has the best record. His overall track record performance is above average, the highest and only one in the group. In terms of productivity, he also scored above the median, which is what the company would like to see among its employees. In terms of education, Haimes has a degree in Information Systems, a skill that is useful in marketing. He is also a qualified systems analyst, an important asset to a marketing company that needs to have marketing systems in place.
Haimes’ computer maintenance skills and LAN installation skills for three platforms will come handy for the maintenance of the company’s databases and electronic marketing portfolio. Haimes will also be useful when the company will be automating its systems. Strictly from skills and qualifications, Haimes is a clear candidate for retention. To improve Haimes’ chances for retention, no one has made any complaint on his behavior or work ethics. Moreover, the company has no problem with his attendance, the only one in the group.
Haimes’ contract need not be an issue since the company would be retaining him. Haimes is gay and his sexual orientation could become a problem in conservative and traditional companies. Fortunately, FastServe, being a marketer, could not afford to be intolerant to diversity in the workplace. Diversity is what it needs to survive in a highly competitive environment. Retaining Haimes would benefit the company because of his skills, qualifications and adherence to company policies. Lastly, Haimes can’t be terminated because there is nothing that the company would find undesirable in his performance.
Besides, Haimes could file for sexual discrimination if he gets terminated knowing that among the five, he is the most qualified and the best performer. Brian Carter – Terminate In Brian Carter’s case, the company must be very careful that it won’t be sued with violation against the Disability Act of 1995 since this employee has a carpal tunnel syndrome. Should Brian passed the medical tests, then, FastServe cannot terminate him because of this problem. Brian cannot continue with his employment with FastServe for various reasons even if he does not suffer from a wrist problem.
First, Brian’s skills are highly specialized and limited to programming, which is very useful in the online distribution channels but not on direct marketing. Brian, being a techie guy, is unlikely to fit in a direct marketing kind of work even if he had a chance to train for marketing-related functions. He is a computer kind of guy and would feel more comfortable facing a workstation instead of facing people. Besides, Brian won’t find it difficult to find new employment since his skills are highly sought after in todays environment.
The company can terminate him at will because his expertise is not needed anymore. Second, Brian has a staggering 17 days absences in a two-month period, the highest among the five of them, and a fact that made his supervisor dislike him. He could have improved on his performance and productivity if Brian weren’t absent for that many days. Terminating Brian would benefit the company because he will become an underperforming asset should his employment with the company continue. Sarah Boyd – Retain Sarah Boyd is the second employee that FastServe should retain.
She’s with the company for 15 years and her status is full time. But her retention are not simply based on those two factors. Of the three remaining persons on the list, Sarah has the lowest number of days absent in a two-month period. Her overall track performance is average while her productivity is median. Sarah is capable of managing and administering an office, skills that are useful in a marketing company. Also, she’s the only person who knows office procedure better than anyone else. Her prioritizing and sorting skills could become redundant when the company will automate its processes.
However, it would take time for the automation to be implemented. While waiting for that time, Sarah could continue doing her job and she could be taught other skills. Besides, Sarah is 53 years old and protected under the Age Discrimination in Employment Act of 1967. So long as Sarah is able and capable of doing her tasks, the company can’t make her retire against her will. However, should the company find the need to replace Sarah when she reaches 55 years old, FastServe could offer her an early retirement package that is attractive, fair and equitable.
Nora Manson – Terminate Nora Manson’s overall performance is above average but her productivity is below median. The company is currently focused on high productivity from their employees and Nora falls short of that goal. There is also the question of Nora’s absenteeism that has already accumulated into two months. This is very high and would raise questions on her job loyalty. Another point against Nora is on her loyalty to FastServe. She has been directing employees to file discrimination complaints against the company she works for.
Nora’s participation in discrimination charges against FastServe is protected by Title VII of the Civil Rights Act of 1964. These acts may be in accordance to her personal values and are protected by law but these do not show loyalty to FastServe. Being an advocate of fair treatment need not mean going to the labor court right away. Nora could have acted as intermediary to prevent labor suits. On the positive side, Nora has rescued two big accounts and is skilled in handling irate and upset callers. She’s also skilled in other aspects of making sales.
Despite her positive contributions, Nora is too radical to become an asset to the company. While the company cannot take it against her to be watchful of discrimination, her work shouldn’t have been affected by all of her non-work related activities. Her activities with her affiliation could have been the reason why Nora’s productivity is low. FastServe should end Nora’s employment so long as her contract allows the company to do that. If the employment is for a definite period of time, then the company can use her performance, productivity and absenteeism problems as the ground for her termination.
However, the company should be prepared to handle discrimination complaints that Nora may file against it considering that she is an African-American and is an active member of NAACP. Jenny Mills – Terminate Jenny Mills should also be terminated. Although the law prohibits termination of women because of pregnancy, the company won’t be ending Jenny’s employment because of that. She is on contract and her attendance is very bad. She is also taking extra breaks that are not supposedly allowed and this make male employees complain. Jenny cannot use as an excuse her pregnancy for the 14 days of absence in a period of one month.
Pregnancies are mostly difficult in the first two months and once a woman is already beyond that, her condition would be better. Jenny is already five months pregnant and there are no indications that it is a difficult pregnancy. Although she holds a degree in public relations, she has no special achievements. Her skills are also limited to answering queries from customers and troubleshooting common instruments problems. These skills can easily be taught to other persons. The company can even delegate these tasks to Sarah Boyd so that when it is time to automate, Sarah would be useful in other areas.