Employment law, HR

ISSUE #1

Jimmy-Joe Thudpucker, an hourly 2nd shift worker with 11 years on the  job, went to his female shift supervisor, Judy Tenuti, in her office.   He stood in the doorway and said quietly and slowly to Judy that she  “will recognize pay-back for going over my head to the plant manager”  (regarding Jimmy-Joe’s lack of productivity at work).  Jimmy-Joe then  scowled at Judy for fifteen more seconds without saying anything else.   Then he walked out of Judy‘s office and slammed the door behind him.  Judy is scared and upset.  She reports this to her supervisor, who  immediately reported the incident to you

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ISSUE #2

Charlene Best works in the customer fulfillment office. Charlene is a  transgender female. She verbally complained to the Assistant HR Director  yesterday that two of her female co-workers were speaking about her  (with lowered voices but load enough for her to overhear). They referred  to Charlene as  “a thing”. Then, one of them said, “it needs to quit  wearing skirts above it’s knees because those knees still look like man  knees.” They both then laughed quietly but didn’t make any eye contact  with Charlene.

ISSUE #3

Brandi Thudpucker is an hourly employee in the Bookkeeping Department.  Brandi has been an employee for 14 years. One day, Brandi creates a fake  Facebook persona on her office computer (during lunch break) of a man  she calls “Larry London.” Brandi wants to “get even” with her former  friend and co-worker Tina Sabbatini. Tina works in Billing. Brandi has a  huge grudge against Tina because Tina made Brandi “look bad” six months  ago by reporting some late accounts Brandi has not properly posted.  Brandi then received an informal “reprimand” email from her boss telling  her to “be more careful” and make sure all “30 days past due” accounts  are updated before Brandi leaves work each day. This was very  embarrassing to Brandi who felt that Tina as a “friend” had  “back-stabbed” her.

Brandi knows Tina just got divorced from an  abusive husband. Tina is emotionally fragile and very lonely. Over the  course of several weeks, mostly during lunch breaks and other breaks,  Brandi creates an online persona (i.e. fake person) named “Larry  London.” Brandi uses her extensive online skills to manipulate Tina into  a serious (online) relationship with Larry. “Larry” tells Tina he is in  a “terrible abusive marriage,” and is getting a divorce. Brandi posts  pictures of “Larry” as a very handsome middle-aged man.

Sure  enough, Tina “falls in love” via Facebook, texting, and emails with  “Larry.” Brandi then sets up a bogus Venmo account. She has “Larry”  persuade Tina to “loan him” some money for his attorney’s fees. These  will help (Larry) “finish up his divorce” so he can “move up to  Virginia, get a job there, and move in with Tina.” Tina happily sends  “Larry” $1500.00 dollars (which Brandi keeps and uses to make a  down-payment on a new car).

Unfortunately for Brandi, Brandi  shares her “secret practical joke” with a co-worker, Judy Tenuti. Judy  (who doesn’t particularly like Tina either) doesn’t do or say anything  about this “fake love affair” for 3 weeks. But, when Judi finds out that  Brandy actually got the $1500.00 dollars from Tina, Judy panics and  decides things have “gone a bit too far.” She then reports what she  knows to you (the HR Director).

Instructions : one page or less – 

1. What is/are the (potential) basic legal and/or management-leadership issues in each situation described above?
2. Rate each situation (based only upon what you know) on an “urgency scale” of 1 to 10 (#1 describes a situation that is not worth worrying about.  #10 is a crisis/emergency).

3. Best advice for the best course of action for management to take

Issue #1

One of our hourly employees, Holly Golightly angrily quit her job yesterday with the impression that she’s fed up with her supervisor Suzi Quatro constantly bullying. She plans on suing Suzi and JCS for harassment.

Degree of urgency: 7; needs further investigation

Potential legal & Mgt issue: Lack of substantial information about the form of harassment and Suzi’s constant bullying. The Employee must file an EEOC claim before suing. There could be a Per-Se violation (Title VII). There is no law against workplace bullying. However, JCS will be penalized if the harassment involves discriminatory treatment (with or without sexual conduct), or proceeding under the EEO statutes

Recommendation: Review company policy on employee harassment. Corrective actions against the supervisor since bullying could potentially lead to workplace violence. Have company lawyer/legal team with an objective position to investigate with company counsel advising

Issue #2

Sadly, Ms. Hayes, a long-time secretary, broke almost all of her front teeth due to a fall in her kitchen a few weeks ago. The company medical coverage will pay for most of her dentistry repair costs, but she is not willing to because she is nervous about the surgery and hates dentist visits. However, it looks hideous and reflects poorly on JCS Inc. The CFO plans to fire her if she does not immediately fix her teeth  

Degree of urgency: 1 (Nothing burger)

Potential legal & Mgt issue: May claim discrimination (age or personal). Illegal action since not a real BFOQ for JCS. Possibly finding reasons to get rid of the older employees

Recommendation: Review firing policy with management. Physical appearance is a non-issue as long as it does not directly affect performance or company values

Issue #3

Marlo is an excellent, long-serving, quality control line checker employee who is very diligent and loved by all. She has developmental disabilities (down syndrome) and depends on her elderly parents for transportation to work. There is a need to desperately coverup 3 of 5 spots on the second shift without creating overtime and morale problems to meet production needs. Marlo was given less than a week’s notice to move to the second shift. Without saying a word, she burst out in tears

Degree of urgency: 6, not so serious

Potential legal & Mgt issue: It might come across as taking advantage/discriminating against the disabled. Must provide reasonable and negotiable accommodation to workers with disabilities per the ADA act

Recommendation: Dialogue with the employee about feasible accommodations. Have as-needed employees to coverup unexpected shifts. Subcontracting could be another option

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