Workplace legal issues
The company needs to come up with a performance evaluation process that will allow formal feeds, unlike the current one that is providing informal feedback.
Performance review process is prone to some errors that may occur during the process. One of the error is the Halo effects that when the source or the rater get the impression that all performance aspects are high hence rating all areas high. The rater may also make a mistake in rating by comparing an employee with a fellow employee as opposed to the description standards of the job. In the face of these errors, the performance evaluation will be less valuable for the development of employee and will not realize the objectives of the Employee performance evaluations system (Jasper, 2003).
An ideal Employee, performance evaluations system, should have a combination of various procedure, processes, and forms of evaluating employee job performance. It, therefore, should consist of various elements:
A job description is an important element for an ideal performance evaluation system. A clear understanding of job duties will make it possible for the employer to know their expectation of the employee.
Training – Training has a two-way advantage to both the employee and the rater. An employee will know how to give constructive feedback while the rater will be trained how o evaluate employees objectively.
Timeliness – An ideal employee evaluation system should be timely. When the system is timely, it will address problem and shortcoming before they have become serious. While an employee who has done commendable work is recognized in time, it reinforces their positive behavior and action.
The company is violating contract law in which it has entered with its employees through wrongful dismissal. According to the law, wrongful dismissal is a situation where employee’s contract of employment is terminated by the employer with the termination breaching some terms of a contract of employment and to some extent the rule in employment law. Randy and Glenda will rely upon laws governing wrongly dismissal at work to argue their case. They were not listened to by the boss hence terminated illegally for a mistake that was not theirs.
The lawyers would require to know how Glenda might have participated in the cover-up and if not will have to explain to the lawyer who to place in the cover-up.
On the other hand, Tito will cite racial discrimination to argue his case. Though he was qualified, he did not get the job hence, but a white male was offered. This case falls under the racial law that prohibits an employer from favoring individual based on the racial affiliation.
There are two main situations from the reading: hostile working environment and abusive manager. However, it is not easy to ascertain whether Billy-Bob behavior can fully be said to be based on gender discrimination, race discrimination, retaliation, battery, and constructive discharge since we haven’t been told his attitude towards another employee (Steingold, 2017). However, it is clear that his behavior represents an abusive employer who makes the working environment hostile.
Roni reported the incidence to the general manager, and no action was taken. By insinuating that Billy-Bob will not be punished since he is going for retire is a sign of an organization that lacks morals and values. Moral and values and workplace are essential in ensuring people upholds the highest standard of ethical behavior that will not leave anyone hurt. There are no moral and values hence Billy-Bob would verbally abuse Roni, and no action is taken.
Issue one: Ricky Goslow is not following the laid out workplace procedure which has led to his injuries. The management issues here are dealing with an employee who is not ready to follow instructions. This case can be rated 10 with the immediate action is terminating the contract of Ricky Go slow to avoid further injuries and loss to the company.
Issue two: The vice president will have to ascertain if the claim by Simon is true before making any move. Leadership issue involves a strained relationship among employee and can be rated 5.
Issue three: There is undeniable proof that there exists difference among the employees. Harassment is unlawful as it might create a work environment where other employees feel intimidated or unfairly treated. This case can be rate 10; as the leader in the company, there is need to ascertain the harassment claim
Issue four: In this case, the management might be forced to punish the employee for an accidental mistake. They are also weighing out on his experience and what they stand to lose if they fired him for not accepting to carry out the cosmetic dentistry. An ethical dilemma is the leadership issues here where the company needs to choose between maintaining their clients and letting go of one of their experienced worker. This case might be rated 1, and the employee needs to be shown a sense of carrying out the cosmetic dentistry.
Issue five: Harassment and sexism is one major issue here that needs to be addressed. Jimmy is verbal harassing her shift supervisor for reporting him to the plant manager. His attitude towards the female shift supervisors suggests an individual who is gender discriminatory. I would rate this case at 10 with the immediate action being transferring Jimmy to another department and offering training and mentorship session to help him learn how to relate to others.
Boosting moral would be of paramount importance. I would suggest three-step that will help them gain back their morale.
Easing communication – An effective communication must have feedback in form of action. An employee would feel appreciated if all their queries are addressed as well as receiving their feedback from their communication to the office.
Caring organization – The office should not only show that it cares but care indeed. The welfare of the employee should be taken care of which includes their compensation, conducive working environment, and in-service training to improve their skills.
It would be of great importance to know the performance of all the candidates in their past positions. The company should inquire about their technical competency, work ethic and determination as well as persistence. Candidate Yancey might be the most suitable candidate due to his vast experience in cyber and online marketing hence ACME should pick him. Communication skills might be potential leadership arising from this candidate.
The legal issue, in this case, is illegal discrimination. The management is discriminating Julie based on her pregnancy. Julie needs to sue the company for illegal discrimination and harassment. The set her up by not providing required information that would help her in maintaining her sales. Frog’s Ale Brewing Company needs to come up with a policy that will guide them on how they should deal with pregnancy issues in their organization.
Smith is entitled to the right to equal employment opportunity. The company should have ensured she world free from discrimination and harassment. She is been discriminated against based on her religious affiliations. She should file the appropriate form and sue for discrimination at the workplace.
The management ought to have investigated the allegations against Smith, and they should also not have subjected her to humiliation by forcing her to talk to her accuser.
Potential legal issues in the case scenario fall under theft, fraud, and deception (Riley, 2005). The nurse failed the integrity test by stealing from the client. If I were setting up such business, honesty among the employees would be a priority. To avoid ending up with such employee, the organization should carry out a deeper analysis and lifestyle audit of its potential employee to understand their past life.
Recommendation to ABC
Ritualizing workplace – Employee be allowed to add their touch to the work environment which will make them feel at ease when working
Personalizing working space- Allowing an employee to personalize the working space will make them feel more comfortable and give them a sense of belonging.
Background music – This will help in boosting concentration at work
Team building – Management should organize some days off where an employee will engage in other activities other than their working schedule to help release tension.
The employee should be encouraged to make their work a hobby – In so doing they will enjoy working just like they would do in their hobbies.
Breaks in between works would also help in breaking monotony at work.
Jasper, M. C. (2003). Employee rights in the workplace. Dobbs Ferry, N.Y: Oceana Publications.
Riley, J. (2005). Employee protection at common law. Annandale, N.S.W: Federation Press.
Steingold, F. S. (2017). The Employer’s Legal Handbook: Manage Your Employees &
Workplace Effectively. NOLO.