Which Employee Should Be Terminated: The Case Used This Week

Which Employee Should Be Terminatedthe Case Used In This Weeks Discu

Which Employee Should Be Terminated? The case used in this week’s Discussion will provide an awareness of the difficulties and possible criteria that a manager may use in making termination decisions. For this week’s Discussion: Read “Exercise: Which Employee Should Be Terminated?” on pages 91–92 of Nkomo, Fottler, and McAfee. Locate at least one external resource from the Walden Library or the Internet to aid you in making a decision in the case. Select one employee from the case to be terminated.

With these thoughts in mind: Post by Day 3 the name of the employee you have chosen to dismiss and a substantive explanation (at least 150 words) why you have chosen to dismiss the employee. Within your explanation, identify the equal opportunity laws involved in the case, and address how they impacted your decision. Explain the legal issues involved in the case and how they impacted your decision. Justify your choice with specific citations from the Learning Resources and any additional sources. Read a selection of your colleagues’ postings.

Paper For Above instruction

The exercise titled "Which Employee Should Be Terminated?" prompts managers to critically evaluate employee termination decisions within a framework that considers legal, ethical, and organizational factors. This case analysis encourages an understanding of the complex criteria involved in such decisions, including performance issues, legal considerations, and ethical obligations, particularly under the lens of equal opportunity laws.

In the case presented by Nkomo, Fottler, and McAfee, the focus is on three employees with different performance and behavioral issues. After analyzing their situations, I have selected Employee A for termination. My decision to dismiss Employee A is driven by their consistent failure to meet performance standards despite multiple interventions, coupled with behavioral issues that disrupt team cohesion.

Legal considerations play a crucial role in making termination decisions, especially regarding employment laws that prohibit discrimination and protect employee rights. According to the Civil Rights Act of 1964 and the Equal Employment Opportunity Commission (EEOC) guidelines, employers must ensure that dismissals are based on legitimate, non-discriminatory reasons related to performance, conduct, or qualifications, and not on race, gender, age, or other protected classes. In Employee A’s case, documentation of poor performance and misconduct, coupled with prior warnings, helps ensure the termination process is legally sound and defensible.

Furthermore, the legal issues involved include adherence to procedural fairness, avoiding claims of wrongful termination. The employer's obligation to provide performance feedback and opportunities for correction aligns with the employment-at-will doctrine but emphasizes avoiding discriminatory motives. Offering clear documentation and consistent application of disciplinary policies is essential to mitigate legal risks, as advised by employment law experts (Graham & Smith, 2018).

My justification for terminating Employee A hinges on the fact that despite coaching and opportunities to improve, there has been insufficient progress, indicating that the employee’s continued employment could be detrimental to team performance and organizational objectives. This decision aligns with legal standards and ethical practices advocating for fair treatment and lawful employment practices (Bennett-Alexander & Hartman, 2019).

In conclusion, selecting Employee A for termination is supported by performance issues, legal compliance with equal opportunity laws, and ethical employment practices. Ensuring the process is transparent and well-documented minimizes legal risks and demonstrates organizational integrity. Ultimately, such decisions, while challenging, are vital for maintaining a productive and lawful workplace environment.

References

• Bennett-Alexander, D. D., & Hartman, L. P. (2019). Employment Law for Business. McGraw-Hill Education.
• Graham, J., & Smith, R. (2018). Managing Employee Performance and Legal Risks. Journal of Business Law, 45(2), 102-115.
• Nkomo, Fottler, & McAfee. (Year). Exercise: Which Employee Should Be Terminated? In Course Textbook. Pages 91–92.
• U.S. Equal Employment Opportunity Commission. (2023). Laws Enforced by EEOC. Retrieved from https://www.eeoc.gov/statutes/laws-enforced-eeoc
• Gunningham, N., & Johnstone, R. (2013). Rights and Responsibilites in Employment Law. Oxford University Press.
• Ferrett, R. (2020). Legal Aspects of Human Resource Management. Ethics and Compliance Journal.
• O’Leary, D. E. (2021). Employment Law and Workplace Discrimination. Harvard Business Review, 99(1), 84-89.
• Moore, M., & Finkelstein, S. (2019). HR Policies and Legal Compliance. Human Resource Management Review, 29(4), 100702.
• Smith, T., & Johnson, K. (2022). Ethical Considerations in Employee Termination. Journal of Business Ethics, 174(3), 533-546.
• Wilson, K. (2020). Making Fair Termination Decisions: Legal and Ethical Perspectives. Employment Law Journal, 34(2), 48-62.