Case Study: You Can't Fire Me Check Your Policy Supervisor

Case Study 2you Cant Fire Me Check Your Policysupervisor

Case Study 2: You Can’t Fire Me! Check Your Policy Supervisors report that discharging an employee is one of the toughest tasks they perform as managers. Furthermore, termination for absenteeism can be particularly difficult due to the causes of absenteeism and, in some cases, the past work record of the employee. This case illustrates a typical absentee problem faced by management. Hattie Mae was employed by Beach Electrical Systems for 9 years.

For the first 6 years of her employment, she was considered a model employee. Hattie’s annual performance reviews were always above average or exceptional, and she was described by her managers as a loyal and dedicated employee. However, things changed rapidly in 2010 when Hattie became, as her current manager stated, “an absentee problem.” According to HR department records, in 2014 and 2015, Hattie was absent 12 percent and 19 percent of the time, respectively. Her worst year was 2016, when she was absent 27.2 percent of the time. However, unlike other absent employees, Hattie was always absent because of genuine and verifiable illnesses or work-related accidents.

Hattie’s supervisor had talked to her periodically about her attendance problem, but she was never given an official warning notice—oral or written—that she would be fired if her attendance record did not improve. The incident that caused her termination occurred on Thursday, May 20, 2017. On that day, her manager notified all department employees (eight in total) that they would need to work overtime on Saturday, May 22, 2017, to complete a critical order for a highly valued and important customer. All employees agreed to work on Saturday, except Hattie, who cited “personal reasons,” which she refused to disclose, for her refusal to work. On Monday, May 24, 2017, her supervisor, with concurrence from the department manager, terminated her employment for “unsatisfactory attendance.” Hattie did not dispute the attendance record; however, she filed a grievance through the company’s alternative dispute resolution procedure alleging that management did not discharge her according to the organization’s published disciplinary policy.

She pointed to the section in the policy manual that states, “Employees will be warned for absenteeism before they are terminated.” Hattie maintained that she was never officially warned as required. Management replied that Hattie was well aware of her absentee problem but that warning her would have served no purpose since she was unable to prevent her continued illnesses from occurring. Additionally, her refusal to work overtime on Saturday was a further indication of her lack of concern for her job or the welfare of the company.

Paper For Above instruction

The case of Hattie Mae and her employment termination raises important issues about employee discipline, organizational policies, and the legal and ethical considerations surrounding absenteeism and employee rights. Analyzing the case requires a thorough understanding of her work history, management's disciplinary procedures, and the broader implications of employee rights to privacy and fair treatment.

Impact of Hattie Mae’s Past Work Record

Hattie Mae’s prior work record plays a significant role in the context of her termination. For the first six years of her employment, she was considered a model employee, with performance reviews that reflected above-average or exceptional productivity and dedication. Such a continuous record of good performance typically establishes a level of trust and expectation of consistent behavior. However, her attendance issues began in 2010, with increasing absenteeism over the years, culminating in her worst year in 2016. Despite her absenteeism, management noted that her absences were due to genuine illnesses or work-related accidents. This historical context could be used to argue that her absenteeism was a known issue but perhaps not severe enough for immediate disciplinary action when her record was otherwise exemplary.

However, the accumulated absenteeism, especially in later years, can be viewed as a breach of employment expectations. Employers often consider past conduct to determine whether disciplinary measures are appropriate. While her prior record might suggest leniency, the continued pattern of absenteeism and her refusal to work overtime are relevant factors. Ultimately, her long-standing performance record may influence whether her termination is deemed justified or retaliatory, especially if the organization’s disciplinary policies emphasize warnings and progressive discipline.

Employers’ Rights to Know Employee Overtime Refusals

Management has a legitimate interest in understanding why employees refuse overtime, particularly if such refusals impact organizational productivity and customer commitments. Transparency about the reasons for refusal can help determine whether the employee’s actions are justified, such as genuine personal or health reasons, or if they indicate a lack of concern for the job. However, employees also have privacy rights, and mandatory disclosure of personal reasons for overtime refusal may be considered intrusive unless their reasons directly violate safety policies or organizational rules.

In Hattie Mae’s case, she cited “personal reasons” for declining overtime, but chose not to disclose specifics. The employer’s right to know is balanced against her privacy rights. From a managerial perspective, understanding such refusals could inform future scheduling, accommodations, or discussions about absenteeism. Nevertheless, employers should avoid overreach and respect employee confidentiality unless the refusal directly hampers operational needs or violates policy.

Evaluation of Hattie Mae’s and Management’s Arguments

Hattie Mae’s argument centers around her acknowledgment that she was aware of her attendance problems and that she was never officially warned before her termination. Her grievance claims that management did not follow the disciplinary policy that mandates warnings before termination. This argument underscores the importance of due process and consistent application of disciplinary procedures. Failure to issue warnings could be viewed as a procedural lapse, potentially rendering her termination unfair in the eyes of the organization or legal standards.

Management’s case relies on the assertion that warnings would have been futile because her absences were due to genuine illnesses beyond her control. Moreover, her refusal to work overtime on a critical day was portrayed as a lack of concern or commitment. They contend that her overall attendance record and her recent refusal to cooperate justified her dismissal, even in the absence of formal warnings.

Both perspectives have validity. Hattie Mae’s long-standing medical issues and genuine illnesses argue for a compassionate approach, possibly involving accommodations. Conversely, her repeated absenteeism and refusal to participate in essential overtime indicate a problem with her commitment. The crux of the disagreement lies in whether management adhered to their disciplinary policy and whether her absences were excusable or a breach of her employment obligations.

Voting as a Peer-Review Committee Member

If serving on the peer-review complaint committee, my decision would rest on adherence to organizational policies and the fairness of the disciplinary process. Given the information, I would likely lean toward supporting her claim if it is true that she was never officially warned, as the policy states warning must precede termination. Proper disciplinary procedures are essential to ensure fairness, legal compliance, and maintaining organizational integrity. Therefore, I would vote in favor of reinstating her or at least requiring management to follow proper warning protocols before dismissal.

The critical facts influencing my decision include her lengthy employment history, the genuine nature of her illnesses, and the procedural lapse regarding warnings. If management’s assertion that warnings would serve no purpose is supported by evidence that her absences were uncontrollable, a more lenient approach might be warranted. Conversely, if warnings were indeed omitted despite their procedural obligation, the termination could be deemed unjustified.

In conclusion, an equitable resolution would involve reviewing organizational policies thoroughly and ensuring disciplinary processes are consistently applied. Supporting her case would emphasize fairness and adherence to established procedures, rather than solely focusing on attendance records or job performance.

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