Manager Hot Seat Case 2:

Discipline Protocols: Burned by the Firewall?

I. Introduction

The interaction in this scenario lends itself to a rich discussion of the role of Human Resources and their interaction with line management. Issues related to email privacy and appropriate disciplinary actions given certain situations are brought to the forefront. For those seeking careers in HR, this scenario provides an example of what not to do to be a strategic business partner.

II. Scenario Description:

Overview: An employee, Willy Kushing, has been put on administrative leave by the HR department for misuse of company property [internet service and telephone]. His Manager is just returning from vacation and had no prior notice that Willy would be put on leave. The Manager goes to meet with HR to find out what has happened.

Profile:

Lynn Couchara is the Director of Distribution for Bank Street Films, a film distribution house. Lynn manages a team of 30 people and is responsible for the film distribution in 40 states, distributing over 75 films per year.

Janet Pierce is the Director of Human Resources and has been working with Bank Street Films for eight years and was promoted to Director five years ago. Since becoming Director, Janet has restructured her department and revamped many policies at the company. Janet has known Lynn since she hired her six years ago. Janet was not involved in the hiring of William Kushing.

Back History: Willy Kushing has been working at Bank Street for just over two years [recruited from Bank Streets #2 competitor]. He has proven to be a vital employee for Couchara, handling the largest accounts in the distribution department as well as being the go-to man for many others in the office when they are in need of advice, support or help.

While Couchara was on her annual two-week vacation, Kushing was called for an immediate meeting with the head of HR, Janet Pierce. Pierce informed Kushing that he was being put on administrative leave for misuse of computer property, effective immediately. HR had reviewed all of his internet and phone usage, as is their right to do, and found numerous and regular abuses. There were constant calls being made to Iowa, to a number having no business relation to Bank Street Films. In addition, semi-regular calls have been made to Gloucester, Massachusetts and Schenectady, New York. The internet abuses consisted of many hours logged on various news and auction sites, that also fall outside the realm of Bank Street business.

Kushing had explained to HR that hed been making more personal calls from work to his mother in Iowa and siblings in Gloucester and Schenectady because his father has been seriously ill for months, in and out of emergency rooms and hospitals. He assured them these calls had not interfered with his ability to do his job and that his performance had been consistent and solid. This information was deemed to be irrelevant by Pierce, and Kushing was sent to tie up loose ends and prepare for his leave.

Scene Set-up: Couchara has made an appointment with Pierce to discuss the Kushing situation.

Scene Location: Pierces office, HR department, Bank Street Films, Inc, Monday 11 am

The Meeting - Summary: Lynn Couchara meets with Janet Pierce to discuss the surprising punitive actions taken against one of her employees, Willy Kushing. Lynn is very concerned that this action was taken while she was on vacation and without notifying or discussing the situation with her. She also values Willys contributions very much and notes that he has had no performance issues. Janet defends her actions based on the companys policies and says that it was merely coincidence that this happened when Lynn was on vacation and that she was very sorry for that. When Lynn tries to suggest that Willy be reinstated, Janet becomes defensive and then goes on to suggest that Lynn has also misused company property.

Lynn wants to resolve this issue by having Willy, a key employee, return to work and suggests going over Janets head to the VP of HR if she needs to. The situation remains unresolved at the end of the scenario.

Afterthoughts Summary: Lynn does not think the meeting went well because the HR Director did not understand her point of view. She notes frustration with the way the HR enforced the companys policies absent of management involvement. Specifically, she is upset that she was not consulted or informed about the pattern of misuse or the punitive action. She also doesnt agree that email or phone use should be entirely forbidden for personal use if it doesnt impact productivity or the budget. She plans to go to Janets boss with the intent of explaining her feelings about the way this was handled and to figure out how to get Willy reinstated.

III. Case Discussion Questions

Question 1: Companies create disciplinary processes to meet their business needs. What is your reaction to the disciplinary process that occurred in this scenario? Was it a rush to judgment or following proper protocol?

Question 2: Evaluate the actions taken by the HR director in this scenario. What was done well, and what was done poorly? Should Janet have brought up Lynns use of company property?

Question 3: What was the main concern over phone and internet use? Choose one and explain. (a) Budgetary (b) Misuse of office property (c) Performance related?

Question 4: What should Lynns next steps be? Choose one and explain: (a) Meet VP of HR (b) Reinstate Willy herself (c) Meet Janet again?