Question: How does rachels case display the following violations ? Pay Disparities Lack of Progressive Discipline Policy Violation of unfail meal breaks Violation of Labor Standard


Critical Thinking - Labor Relations Company History Sanderson Engineering is a private non-represented company and is owned by John Williams, CEO, who bought the company twenty years ago. Although John own the company, he never changed the company name. John kept the Sanderson name to retain the customers Sanderson serviced during that ownership. Sanderson Engineering is based in San Jose, California and has 39 employees at that location. In addition to the office staff, 10 employees work remotely. Sanderson also has 5 outside sales representatives but they rarely come to the office because they are out in the field the majority of their day. Sanderson does not have a human resources department. Instead, John Wiliams, CEO and Mariela Ruiz, VP take care of the majority of human resources functions. The Department Managers are responsible for their own recruiting, onboarding, discipline, and training. Mariela updates policies, procedures, and the Employee Handbook. The company does not have a progressive discipline policy. Instead, the company maintains a policy that allows flexibility to discipline employees on the merits of the infraction including immediate termination. The company clearly documents the "employment-at-will" on all documents including the Employee Handbook and offer letters. The company pays all health premiums for employees and contributes 4% to the employees' 401K as long as the employee contributes 10% of their wages to the plan. The company enjoys a low turnover rate, and the average employee has over 10 years with the company. Employees consider the environment as a family environment and employees are considered high producers. The majority of the employees have a bachelor's degree or above. Employees receive 80 hours of PTO upon hire, 120 hours of PTO starting year 3 , and 160 hours of PTO on his or her 5n year, all PTO eamings are based upon continuous employment. Employees get a 5% pay increase if they receive an exceeds or above on their annual performance review. This policy is well documented in the employee handbook and is a policy Mariela authored and approved herself. The company also maintains one of the highest benefits packages in the industry. Rachel Griffin works for Sanderson Engineering as an Office Manager. She started as a receptionist in 2010 and was promoted to Office Manager in 2019. Although she is an Office Manager, she is paid an hourly rate of $19.00 an hour. Mariela has not received a pay increase since her promotion in 2019. Sam White has worked for the company for over 30 years and was one of the few employees who worked for the previous owner. Sam is the Sales VP and oversees the entire sales representative team who are in the field the majority of the time. Prior to Sam's promotion in 2020 to VP, he heid the position of Engineering Senior Manager. Sam is well liked by the staff and is considered a fair person with a high level of emotional intelligence. Sam is being considered for another promotion to Sr. VP and will take over some of Mariela's responsibilities if he gets the position. Sam eams $167,000,00 a year. He has not recelved an increase since his promotion. Jennifer Haus is a Senior Engineer and started with the company in 2018. She is currently the interim Engineering Manager reporting to Laura Illingworth, Senior Engineering Manager Jennifer is very competitive and interviewed for the permanent Manager position, but thinks the interview did not go well. She is a talented Engineer and holds a master's degree in Civil Engineering. She is currently Critical Thinking - Labor Relations attending a doctoral program in Engineering. Jennifer earns $103,000.00 a year and has received a pay increase every year on her work anniversary, but she wishes she would get performance reviews to prove she deserves the promotion. As the Interim Manager, Jennifer is responsible for the engineering team of 10 people, and she oversees the Office Manager who types all of the reports for the Engineering Department. Jennifer describes the Engineering team as competent and trusts their judgement. Jennifer rarely communicates with the Office Manager because she is located in another part of the building. Engineers are responsible for getting their reports to Rachel for typing, and the engineers must approve Jennifer's work. Critical Thinking - Labor Relations History in employee file: Rachael's previous manager, Sam White, documented a verbal warning on daruary 3, 2012, for fallure to clock out for lunch at the required time. Sam's written recommendation for improvement for Jennifer was to make sure she clocked in and out for her lunches at exactly 1 pm and in at 2pm without exception. Rachael's performance reviews were all accounted for, and all were rated a meets expectation except for the 2016 and 2017 reviews that rated her as exceeds, Rachel recelved her reviews evervy year in July without bail. Sam White documented a verbal warning for Jennifer on September 18 , 2019, for taking a longer lunch than she was allowed. Rachael wrote a written response, which indicated she took a longer lunch because her daughter was ill, and she took her to the doctor during her lunch. A note in Rachael's file from lennifer Haus dated 06-12-2014, documented a conversation with Rachael about a customer compliment. The customer sent a letter to the company praising Rachael for ber quick response to the customer's request and her attention to detail. Jennifer wrote in the report that Rachel does not have to worry about her job because customers love her, and she is a good worker. Documentation dated 04-11-2022. Jennifer documented a written disciplinary report stating that Rachel had been late to work 8 out of the last 10 scheduled workdays. Rachael's written comment on the disclplinary report stated she was late because of personal reasons. New hire paperwork was all accounted for including the Employee Handbook acknowledgement, sick pay and vacation policy acknowledgement, attendance policy, training and job description acknowledgement, Arbitration Agreement, and pay schedule. FACTS On December 13, 2022, jennifer called Aachael into her office to discuss attendance violationa, Jennifer had all the necessary termination paperwork with ber (e.g. final check, COBAA, 401K contact information, EDD, etc.) Jennifer had a termination form in her possession and told Rachael she was being terminated for the following violations: January 3, 2011 - Verbal warning September 18, 2012 - Long lunches - verbal waming April 11, 2022 - Written Warning Late 8 times in 10 days July 11, 2022 - Late to work 30 minutes July 12,2022 - Late to work 2 hours August 15-18, 2022 - Late to work 2 hours each day September 20, 2022 - Took a longer lunch than permitted October 9 - October 13,2022 - No lunches were taken but punches were on her timecard November 15, 2022 - No breaks were taken During the termination meeting, Rachael said she was late on those dates because her daughter was ill, and she had to get last minute childcare because her daughter could not go to school. She took a longer lunch to take her daughter to the doctor. She also stated that she did not take lunches and breaks because there was no one to fill in for her and she could not leave the reception desk unattended. She said she was following explicit direction
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