Running head: Scenario Two Cost Club

Scenario Two/Cost Club

Lisa Mains
HRM//546
Phillip Quintana

Running head: Scenario Two Cost Club

Scenario Two: Cost Club

The task of recommending workers to terminate three workers out of eight, as a result of
downsizing is challenging. Due process gets complicated when the store cannot provide
retirement, severance benefits for workers or move them over to another department or chain.
The tables that follow illustrate the fundamentals of laws of employment. They explain how the
rules apply to each of the three workers identified for termination. They address backgrounds,
proof, if they would prevail, and the dispute resolution method preferred. Explanations about the
employees options to win a case of discrimination against the company were also addressed.
Suggestions
Workers

What

Can

Name and

are the

wrongfu

Profile

applica

ble

terminat

laws of

ion or

employ

discrimi

ment?

nation

Will the
Plaintif

Best
Method of
ADR?

prevail?
Yes or No

be
proven?
Abigail

The

Possible

28, white,

Title VII

gender

seven

of the

discrimi

years of

Civil

nation.

experience

Rights

Not

in personal

Act of

likely as

consultatio

1964

there is

n, hiring,

and

no

firing,

EEO

significa

workers

are

nt proof

compensat

relevan

to

ion and

t with

corrobor

unemploy

respect

ate this.

No.
There is no
proof of
sexual or
gender
discriminatio
n. Two of the
other
workers
considered
for
termination

Best
method
to resolve
any
disputes
is going
to be
mediation
because
the
parties
can come
to an

Running head: Scenario Two Cost Club

ment.

to

are men.

agreemen

Expert in

discrim

HR and a

ination

together;

suitable

in

its less

candidate

relevan

costly

to fill in for

ce to

and

assisting

gender,

quicker

and

race, or

than

managers

origin.

litigation.

in the HR
division.

Horatio

EEO

Even

No. He had

Horatio

is 22 and

and the

though

previously

had

Hispanic

Title VII

he lacks

filed case

previousl

and has

of the

substan

with EEOC on

y had a

been

Civil

tial

the grounds

problem

working

Rights

evidenc

of violating

to resolve

with the

Act of

e we

EEO for

through

company

1964.

know he

discriminatin

dispute

for six

has

g against

so

months.

been

race and

arbitratio

He was

called a

failing to hire

hired as a

bad

him.

couldhan

remedy to

commu

However, he

dles other

correct

nicator,

cannot prove

disputes.

discriminat

not very

this

ory actions

fluent in

conclusively.

in the

English,

After settling

hiring

has

Running head: Scenario Two Cost Club

process

deficien

after a

cies in

settlement

abilities

. His skills

and is

are called

Hispanic

marginal.

so he
may
allege
discrimi
nation
based
on race
or

Horatio
got hired and
placed in
operations,
and there
was no
contract or
promise
saying that
he would
have job
security.

origin.
Greg:
Length of

Employ

For this

case, I

employme

Discrim

nt is five

ination

years.

against

Besides

religion

his

exceptiona

gender

l learning

race,

curve and

color,

competenc

and

ies in

ethnicit

learning

y is

complex

prohibit

departmen

ed by

t, his work

the

is slightly

Title VII

deficient

of the

and

Civil

think
that
while
there
does
not
seem to
be
much
evidenc
e, he
may be
able to
prove
discrimi
nation
based

No.
There is no
proof of
sexual
discriminatio
n. Although
Greg is
religious, he
was given
the
weekends of
to practice
his faith. For
this reason,
there is no
violation of
the
employment
laws based

Subseque
nt to
firing
Greg,
should he
seek
remedy
or bring a
case for
litigation
the
company
should
seek an
expedited
resolution
through
mediation
or

Running head: Scenario Two Cost Club

unsatisfact

Rights

on

on religious

alternativ

ory, not

Act of

gender,

discriminatio

e dispute

outstandin

1964. It

age, or

resolution

g in any

is

religion.

task. Each

regulat

to a

firm wants

ed with

negotiate

to retain

EEO

workers

and

agreemen

who are

enforce

t.

capable of

d by

developing

EEOC.

to come

and
thriving
whose
goals and
growth
align with
the
organizatio
n growth.

Legal Requirements
The employer-employee contract should indicate at will or implied terms and
dictate the exceptions to terminations, compensation, terms of employment,
compensation, and the liabilities of the company to the employee. During the
separation process, the store must inform the workers of cause for firing. It is
always best for the firm to document all actions that caused the termination as well
as the processes of evaluation and disciplinary steps leading up to termination.
Explaining the reasons why protect the store from legal implications. A HRM
employee can present the stores reasons for terminating the employee at a private
office at the time of exit. The store must give advanced warnings for due process to

Running head: Scenario Two Cost Club

have occurred which can be given verbally, in a document before final warnings and
dismissal.
Management Actions
Management has the responsibility of downsizing in a way that leaves the
employee that is going with dignity and to remember that the ones staying may
need motivated as they become withdrawn from feelings of helplessness.
Management would be wise to get the legal department to make any decisions
involving litigation and to get insights on the laws that may impact the process
during terminations (Downs, A., 2015). The legal team may also instruct the
managers on what to say so that no promises get made during exit that could give
rise to more legal implications and cause litigation. To avoid any cases of
discrimination downsizing can be done more efficiently by laying of based on
seniority if possible across the. What makes the most sense is not to lay of a
certain number by department or seniority but by the estimation of the
redistributed work and sometimes by the production that the employees that are
staying can contribute. Discussions should remain open so that trust gets
established between management and employees. Downsizing should get done
with a vision of the needs of the business. Do this in an analysis of the company
plans and decide what its purpose is or where it wants to go prior to downsizing.
History will repeat itself if the ending is the same as what began before. So do not
take actions based on head count when making the staffing changes. Remember
that a downsize should be based only reducing the number of staf, not a means to
cut costs or increase profits (Downs, A., 2015). Keeping the most talented
employees is important to remember that they will be in demand at other business
too. So management should act compassionately and with respect. What the
survivors see in the actions management takes may predict their future as well and
if they see disrespect they make leave the company regardless. Make sure to
respect all employments laws when taking termination actions. Always consider the
Title VII of the Civils Rights Act of 1964, EEO laws, age discrimination, retraining,
and adjustment (Downs, A., 2015).
Conclusion

Running head: Scenario Two Cost Club

Downsizing is not a fun task for management, and talk of it will make employees
uncomfortable and nervous creating some barriers and potential legal problems.
Things to remember are being respectful and the business strategy. Consider the
relevant laws and how to apply them respectfully. Fix the issues so the company can
start a new and enchanting future after changes with the hope to grow and survive.
End on positive terms and move forward with talented employees so the company
can start a new beginning. Do not repeat past actions and make wrongful
termination mistakes or you may see an employee that had issues previously create
future litigation.

References
Downs, A., (2015). Downsizing with dignity. Retrieved from:
http://humanresources.about.com/od/layoffsdownsizing/a/downsizing.htm