Short Paper – Employment Law

Short Paper – Employment Law

Laws Pertinent to the Case

According to Nikfarjam (2015), workplace conflict can lead to unplanned legal costs if not addressed appropriately. In the current case study, ABC Corporation faces various legal risks that may lead to unplanned legal costs, such as legal fees and payment of damages to Kareem. Therefore, the company’s management needs to review the applicable laws and determine whether they have violated any of them. The main law that may be considered is the Civil Rights Title VII. According to the U.S Equal Employment Opportunity Commission (2023), Title VII of the Civil Rights prohibits employers from discriminating against employees based on their religion, color, race, national origin and sex (p.1). In the current situation, Kareem may argue that he is being discriminated against because of his religion because Thomas made the decision to fire him because he was taking too many breaks from his workstation to honor his religious beliefs and was the only employee being closely monitored by Thomas despite receiving good feedback from his customer service recordings. Kareem may also sue the company for not issuing a notice before firing him. According to Smith (2015), the Labor Standards Code requires employers to give two weeks’ notice before termination (p.16). Therefore, Kareem can claim damages or reinstatement for being fired without notice. Kareem may additionally claim that his termination was unfair and wrongful because, in the transcripts, Janet mentioned that Thomas did not consider talking to Kareem about his actions and how they impacted his performance before firing him. Therefore, Kareem may argue that the decision to fire him was discriminatory, which can be classified under wrongful termination.

Accountable Audience

Thomas should be accountable for the potential legal failures in this scenario because he decided to fire Kareem without consulting the other employees and relevant authorities in the organization. According to Green (2013), the manager is responsible for having performance-related conversations with employees to influence their behavior (p.37). Therefore, Thomas should have talked to Kareem about his performance and explained the impact of his behavior on his performance and the organization’s overall performance. He should have then discussed with Kareem the most effective approach that could be taken to create a balance between his religious obligations and his responsibilities at the workplace. The next step could have been giving Kareem time to work on his behavior and performance after talking to him about it and considering firing him if he did not implement the proposed behavior changes. Thomas should also have consulted Janet, Kareem’s supervisor, before deciding to fire Kareem to get her opinion about Kareem’s performance and request her to talk to Kareem about his performance before firing him.

Recommendation of Strategies to Create a Culture of Accountability

The supervisor and call center manager can create a culture of accountability by creating a policy outlining each employee’s responsibilities and the person accountable for various organizational actions. The supervisor and call center manager can also create a culture of accountability by giving feedback. For example, the call center manager can give the supervisor feedback about his actions by pointing out any unethical or inappropriate behavior so that they are aware that their actions are being monitored. Giving feedback is also essential in preventing inappropriate and unethical behavior because it enables individuals to understand that they cannot get away with anything. It also promotes a high sense of responsibility because individuals are aware that all their actions are being scrutinized, resulting in high accountability. The supervisor can also give the call center manager feedback on their actions and decisions to maintain accountability and ensure their actions align with the organization’s expectations.

 References

Green, M. E. (2013). Painless performance conversations: A practical approach to critical day-to-day workplace discussions. John Wiley & Sons.

Nikfarjam, P. (2015, July 10). The rise of the workplace ombudsman. Canadian HR Reporter. https://www.hrreporter.com/news/hr-news/the-rise-of-the-workplace-ombudsman/281194

Smith, J. (2015, April 20). Challenge of contract provisions a no-go for Nova Scotia Engineer. Canadian HR Reporter. https://www.hrreporter.com/news/hr-news/challenge-of-contract-provisions-a-no-go-for-nova-scotia-engineer/280869

U.S Equal Employment Opportunity Commission. (2023). Title VII of the Civil Rights Act of 1964. US EEOC. https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964

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Short Paper – Employment Law

Prompt: In the transcripts provided for the final project case study, many legal risks occur through the actions of the characters. Based on the readings for this module, what laws are applicable in this situation, and how are they applicable? Support your response with specific examples. Additionally, who should be accountable for the potential legal failures in this scenario? How can the supervisor and call center manager create a culture of accountability?