Case Study: Cost Club Termination

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For proper termination and layoffs, Cost Club must use procedures to ensure that the process of the layoff for the employee is fair, empathetic, proficient and lawfully correct. If a termination or layoff is not handled properly, Cost Club can become liable and encounter severe penalties for improper termination. Therefore, I have identified the employees for termination based on seniority, work experience with the company, and job function that could be incorporated by the five remaining employees in the Human resource (HR) department. The three employees that will be laid off are Diane, Greg and Horatio. Principles of Employment Law Unfortunately with the downsizing of the HR department the employee’s being let go may believe that…show more content…
Diane might believe this is a wrongful termination because she is unreliable due excessive sick children. However, there has been no documentation to the matter or performance reviews that mention that she has been counseled on absenteeism. Greg on the other hand could believe that because he cannot work weekends due to religious reasons or disparate treatment he was let go. Cost Club is downsizing therefore, there will be no weekends work to perform or reasonable accommodations to be made on either side. Greg will not win the case based in religion discrimination. The third employee is Horatio. Horatio may believe he is being terminated because he has another lawsuit pending for race discrimination (protected population). However, Horatio has no experience in HR polices or laws and will not be able to take over any other duties after the downsizing is complete. Moreover, Horatio has no evidence that the HR department treated him in a negative manner and he will not win. If Horatio stays, with the company, the other employees will be overworked therefore, there is no time to train a person with no knowledge or education in HR. Horatio has the burden to prove that in the Title VII complaint, prima facie case of racial discrimination was the reason for…show more content…
In a discrimination case, the employee provides the evidence that Cost Club acted discriminatorily and then Cost Club will show to be false the claim by showing the reasons for the downsizing and the specific termination of the last hired first fired action. Developing a written policy before the time of the layoff would explain to employees why the downsizing has to occur and why the three positions were eliminated. With the documentation of the employees selected and reasons of the specific selection, criteria (seniority) will reveal its non- biased resolution. For instance, seniority is a legitimate criterion however age is discrimination. Cost Club should very careful when considering attendance as a criterion with Diane. Protected absences to accommodate disability or the family medical leave (FLMA), is not to be considered in determining Diane’s attendance record (Bennett, 2007). Cost Club must scrutinize the downsizing in order to conclude whether the layoff or downsizing will unethically affect any employee in protected classifications. Cost Club will examine the sex, race and age of its current departments in comparison to those same individualities in the layoff /downsizing selection. This review will be accomplished under the supervision of Cost Clubs legal

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