Legal Issues In Work Reduction Essay

Legal Issues in Work Reduction
Dee Fullington
University of Phoenix

Law/531 – Business Law
Joseph Sette
December 12,2010

Legal Issues in Work Reduction
FastServe Inc had decided it would be in the best interest of the company to downsize. Part of the downsizing included eliminating jobs, outsourcing, and eliminating the animated websites that cost the company more to operate than they make in sales. The Vice President requested that I Research the five employees and choose the two that will be the best fit for the company.
When the Company decided to downsize and asked me to decide which three people to lay off, I studied what jobs would be eliminated with the new business plan, next I studied performance, and productivity. After I started eliminating employees based on the above data, it was obvious who to keep. I paid no attention to whatever special group the employees are a part of. The decision was based solely on jobs ending and individual merit and skills. After I choose which three to layoff I looked at how strong of a case any one of the three would have for discrimination and my findings were there is always a risk for discrimination charges, however, according to the Attorneys none of them have strong enough evidence to support a discrimination claim.
The first thing I done was meet with the company attorney to see what kind of legal issues would be a problem of laying off any one of the five. The attorney advised me that there could be discrimination charges brought by any of the five. However, the evidence is not very strong and discharging any of them with the right communication and or severance package will lessen the likelihood of a law suit. He advised that the communication should be about the company downsizing first and then to base the decision on work merit, ethics, and performance. Next I search the employee’s records and the following table shows all the information I used to base my opinion.
As Senior Manager in the Human...