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human resource management
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Human Resource Management
A pharmacist worked at a drug store in Michigan. He experienced an armed robbery at the store. Not surprisingly, this made him more concerned about security at work. He asked the drug store (which
How should employers respond to whistle blowing by their employees?
A 67-year old woman worked as a vice president of a company. She had a two-year employment contract that permitted her to resign at any time by doing so in writing and with thirty days advance
An employee who believed her supervisor, the VP of Communications, was using company funds to pay for, among other things, illicit relations with soldiers she met through the company’s pen-pal
Budget concerns led a city fire department to eliminate its dive team used for water rescues. Two drownings occurred shortly after the dive team was disbanded. A firefighter who had been a member of
Plaintiff Lane was hired to be the Director for the Community Intensive Training for Youth (CITY) of the Central Alabama Community College. He was a probationary employee. As he took office, CITY
The human resources director of a company learned of complaints from two IT Techs about their classification as exempt employees, which rendered them ineligible for overtime pay. The HR director
Former employees of the Macon County Greyhound Park (MCGP) sued for violations of the WARN Act for MCGP’s failure to give 60 day notice of plant closing or mass layoff. MCGP maintained that no
A car dealership informed its employees in a written memo on September 26, 2007, that the business would close on October 7, 2007, unless a new owner could be found before then. The memo also said
What are some feasible alternatives to downsizing? If downsizing must occur, what criteria should be used to select those individuals who will be downsized?
A large company is planning to downsize. A consultant suggests the following:1) It makes sense to focus on one of your unionized plants. We suggest that you reduce the 300 employees at that plant to
The plaintiff, a 57 year old female, was terminated from her position as a management consultant during a restructuring of the firm, allegedly because her expertise was not a good “fit” for the
A 52-year-old employee with 34 years on the job was terminated by Boeing during a RIF. Under the “Redeployment Selection Process (RSP)” used by the company, the supervisor compared the
Should employers use non-competition agreements or other restrictive covenants? If so, under what circumstances? What should an employer do if someone that the employer wants to hire is a party to a
Plaintiff Suresh, a product engineer, sued her former employer, NanoMech (an R&D firm creating nano-technology), when it alleged she violated the terms of a Non-Disclosure (NDA) agreement and a
A woman worked at a hospital as a benefits coordinator. She had no patient care responsibilities or direct contact with patients. A number of years ago, her daughter had a sever reaction to a flu
An employee worked for a pest control company. He quit to go to work for another exterminator. The former employee had signed a non-competition agreement stating that “The Employee will not engage
A store held a July 4 barbecue for its employees. There were leftovers. The manager in charge said that he wanted the unused hot dogs and hamburgers to be placed in a break room freezer so that they
An employee worked for an agency that provides services to disabled persons in their homes. As employees sometimes needed to transport their clients to medical appointments and other places, the
The plaintiff in this case is a female who had worked in various capacities for a hotel chain, including temporary stints as a front desk “guest service representative.” Her performance was
A woman was hired as a dental assistant at age 20 and worked for the same dentist for over ten years. The dentist said on a number of occasions that she was the best dental assistant he ever had.
Are workplace appearance and grooming policies necessary? If so, what policy would you recommend with regard to office workers who have some contact with clients/customers? To what extent should the
It is often said that one of the benefits of a diverse workforce is that employees will better understand and relate to their diverse customers. Does this justify making hiring decisions on protected
In response to a report that a female inmate at the Southern Nevada Women’s Correctional Facility had been impregnated by male guard, the Inspector General of the corrections department conducted
Has it become too complicated for employers to develop legally defensible employment tests? Why do you say this? Would it be better for employers to rely more heavily on interviews instead?
In 2006, a white police captain took a civil service exam required for promotion to police inspector He received the highest score on the exam and the results of the exam were certified by the city.
A customer service representative had been employed by a company for about eight years and had received three promotions during that time. He had moved up to a position where he was responsible for
The Southeastern Pennsylvania Transit Authority adopted a physical fitness test to use in the hiring of transit officers. The test included a component in which candidates had to complete a 1.5 mile
Physical fitness and strength tests are likely to create adverse impact against women, as well as older workers and those with disabilities. What should employers do to minimize adverse impact when
The U.S. Forest Service employs “smokejumpers” whose job it is to parachute into remote areas of national forests to fight fires. Smokejumpers must pass an annual physical fitness test that
Employees assigned to the sausage packing area of a meat processing plant have a physically demanding job. They walk the equivalent of four miles a day and are required to lift approximately 35
To improve employee health and lower insurance costs, many employers have turned to wellness programs. These programs typically entail an extensive baseline assessment of current health status and
An airline was in a hurry to hire flight attendants. After conducting interviews, it issued conditional offers of employment, contingent on successful completion of background checks and medical
A police officer began making complaints to his superiors about a fellow officer whom he believed was not spending sufficient time performing the community service work to which both officers had
The U.S. Forest Service operates twenty-eight Job Corps Civilian Conservation Centers. These centers are residential facilities located in remove, rural areas They offer education, vocational
Facts1. What was the legal issue in this case? What did the appeals court decide?2. What factors does the EEOC use to determine whether a procedure constitutes a “medical examination” under the
A woman applied for a job with the United Way. She sent her resume but omitted her most recent place of employment, a company that she was in the process of pursuing a discrimination claim against.
A man was hired as a team leader at a fast-food restaurant and shortly thereafter made a night manager. The man had two felony convictions, one in Indiana related to the delivery of crack cocaine and
What should employers do to make it less likely that an audit of their I-9s will reveal problems? Would you recommend that employers who are not legally required to do so voluntarily participate in
In light of the many legal concerns surrounding references, should employers provide substantive references on former employees? Only verification of job titles and dates of employment?
A company won a contract to do cleanup work following the 2010 explosion of the Deep water Horizon drilling rig in the Gulf of Mexico. The company outsourced its hiring to a temporary staffing firm.
Thompson, an experienced advisor to high worth individuals, was hired by the Riverside Trust, which managed the estate of Robert DeNiro. About two years later, Thompson was being terminated from his
You have been contacted by another employer and asked to provide information regarding one of your former employees. The request includes a consent form signed by the former employee. You look into
What policy would you recommend an employer adopt regarding use of criminal history in hiring decisions? Why? Would the policy differ according to the type of job in question? If so, how?
A 24-year-old woman was working as a photographer covering an event known as the “Porn Star Costume Ball.” The event was held at a Sacramento hotel. A fire department captain allowed firefighters
Naperville Psychiatric Ventures hired a staff person to care for patients in its residential facility for minors, but did not do the background check required by law. Had it done so, it would have
One legal scholar argues that employers should be encouraged to adopt anonymous hiring processes in exchange for qualified immunity from disparate treatment claims brought by rejected job candidates.
A licensed physician from the United Kingdom was recruited to work at a clinic in Pennsylvania. During his employment interviews, the physician was told that the clinic wanted him to obtain board
An employee was approached by a “headhunter” who informed her that a direct competitor of her current employer was “very interested” in hiring her. The headhunter cited the details of an
Chattman, a good 20-year employee of Toho Tenax America who was African-American, was fired after an incident of horseplay at work. Horseplay was a common occurrence in that department. Chattman, who
A 56-year old man whose wife had cancer applied for a “scheduler” position. He had held this job previously before leaving to work elsewhere. A 40-year-old man was hired instead. As a former
Retaliation claims are ever more common. The urge to “get back at” employees who complain about discriminatory treatment is apparently difficult to resist. What should employers do to lessen the
An operations manager was hired by a trucking company at age 50. Up until the year of his termination at age 62, the operations manager had received generally positive performance appraisals from the
Plaintiffs were employees of Kraft of Hispanic descent. Over several years, their immediate supervisor made derogatory comments about Hispanics, and indicated his belief that Hispanics were
The Presidential Rank Award is the highest recognition given to career employees serving in the federal government. This prestigious award is accompanied by a substantial bonus of up to 35 percent of
In light of the way in which disparate treatment cases are decided, why is it important that employers document the reasons for their employment decisions? Develop and consistently adhere to
In December 2008, an account representative took a leave of absence to have a baby. Her employer had no maternity leave policy. Shortly after giving birth, the woman told a partner at the firm that
A cheese steward at a restaurant served 25-30 ounces of wine pours to guests at a particular table. The steward told the table server not to charge for the wine. The cheese steward looked for, but
A 62-year-old was regarded as a “good” employee during the ten years that she was employed. A new site director, who had previously worked at the same facility, allegedly commented that she
Geleta was the Project Director coordinator for a city-wide mental health initiative for children and their families. In that role, he supervised 20 employees, and oversaw the planning,
A woman was terminated in 2007 from her job as general sales manager at a radio station because of complaints about her bullying other employees. The woman subsequently filed a sex
A woman was hired by a staffing agency that leases employees to construction contractors. She was assigned to work for a construction company that is one of the staffing firm’s major clients. She
On behalf of firefighter candidates living outside North Hudson, the NAACP sued alleging that the North Hudson residency requirement had a disparate impact on African-American candidates. The trial
What type of application policy would you favor? Should non-selected candidates be considered for future positions of the same type? If so, for how long? Should former employees be considered for
This case involves the recruiting and hiring of Executive Team Leaders (“ETL’s” – essentially, assistant managers) for target stores. The EEOC brought suit on behalf of four African-American
A 16-year old girl from Ecuador came to Ne York to work as a nanny for her stepsister. The girl was to provide babysitting, while the stepsister promised to provide room and board and an $80 weekly
How should job candidates respond when confronted with inadvisable pre-employment inquiries?
Walmart has relied heavily on a word-of-mouth approach to hire new truck drivers. Rather than advertise for applicants, current drivers are asked to distribute “1-800 cards” to people they think
If you had signed an arbitration agreement with your employer, would you be required to arbitrate rather than go to court? What would determine whether you would be held to this agreement?
If you decided to take legal action against your employer (assume for the moment that there is no mandatory arbitration agreement in place), how would you go about doing that? How long would you have
What, if any, legal obligation do employers have to reasonably accommodate disabled job applicants during the recruitment process? What types of modifications to the recruiting process might be
Spears was seeking employment and negotiating both with Amazon.com and with a firm called Intelligrated. Amazon made 2 offers to Spears which he rejected, because he believed they did not pay enough,
A logistics company used a subcontractor to deliver packages. The contract company owned the vehicles used by drivers to deliver packages, while the logistics firm owned the warehouse facilities and
An employee with epilepsy took physician-prescribed barbiturates to control his condition.He was originally assigned to work at the plant as a temp. However, Benchmark had a practice of hiring temps
The plaintiff Judy Jones began working for Oklahoma City Public Schools as a teacher in 1969. She was the principal of an elementary school for approximately fifteen years. In 2002, she was promoted
Regardless of the eventual outcome of the Northwestern University case, should student-athletes be considered employees of the universities they attend? Why or why not?
The exotic dancers at a nightclub sign independent contractor agreements at the beginning of their employment and are paid entirely by the tips they receive from appreciate customers. The club does
Luann Lepkowski is one of about two hundred employees of Telatron Marketing, a company that provides “customer relationship management services” to corporate clients nationwide. Since early 2006,
Twenty-six garment workers who worked in a factory in New York City’s Chinatown sued six contractors that used the factory and an apparel manufacturer for violations of the Fair Labor Standards Act
What, if anything, is good about this agreement? What, if anything is problematic about this agreement? Should it say other things?
How should companies that use temp workers supplied by temp agencies deal with those workers if performance problems emerge? If temp workers complain about inequitable treatment? If temp workers
A full-time safety and security assistant at a public school also coached the high school golf team. His coaching duties included supervising tryouts, coaching players during tournaments, conducting
Try your hand at drafting an independent contractor agreement that a company that sells carpeting might use for its installers. Don’t worry about making your agreement sound like legalese. Focus
Stan Freund installed home satellite and entertainment systems for a company that sold these systems. The company scheduled installations, although Mr. Freund could reschedule them. The installer
Three truck drivers who resided in California performed freight pick-up and delivery services for EGL in California. All three Drivers signed "Leased Equipment and Independent Contractor Services"
An employee was subjected to severe national origin and religious harassment over a period of at least three years. The harassment included numerous death threats, vandalism, and workplace graffiti.
An employee of a car dealership signed an arbitration agreement. The agreement included a cost-sharing provision that would require the employee, who erned about $20,000 per year, to pay a deposit of
A server signed an arbitration agreement when she was hired by a restaurant in September 2009. She left the job in July 2010 but was subsequently re-hired in March 2011. She was not asked to sign an
If you go to court and win your discrimination case, to what remedies would you be entitled?
If you end up suing, how likely is it that your case will actually go to trial? How long do you think it will take to obtain a final outcome in your case?
What type of legal compliance strategy would you advise an employer to adopt? Why?“Pushing the envelope” in areas of legal uncertainty or erring on the the side of caution?Doing no more than the
The XYZ Company had twelve employees for the first half of 2014. It signed a contract with a major retailer in June 2014 and hired an additional eight employees to handle the extra work. The contract
Plaintiff was an employee of AutoZone, and alleged that AutoZone had violated the Americans with Disabilities Act (ADA). The jury decided in favor of the plaintiff, and the magistrate judge approved
Would you advise an employer to use arbitration agreements? Why or why not?
An employee sued his employer for discrimination. The employer sought to have the case removed from court by invoking an arbitration agreement that the employee had previously signed. After severing
One way to generate an interesting discussion regarding the enforcement of employment laws is the following:
How should employers that operate in different states and cities deal with lack of uniformity in employment laws?
Why are time management skills important? How can you benefit by using the time management information discussed in this chapter?
State the three priority determination questions and when an activity on the to-do list is a high, medium, low, or delegate priority.
List the three steps in the time management system.
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