3 questions 2 pages double spaced each -Human Resources

Week 3 – Exam #1

110818

Answer Sheet

Student Name: Khalia Hart

Verify each item by checking in the provided space.

__X__ This is my own work. Others did not contribute to my analysis.

__X__ I have properly referenced any material I borrowed to support my analysis.

__X__ This work has not been submitted to any previous class.

Begin your answer here:

To: CEO, BT Green Company

Form: Kyle Reeder

Date:

Re: Termination of MR Banks

After carefully looking at the files and the employee handbook, BT green company is at risk of facing a legal battle from Mr. Bank. Even though according to the policies of the company can freely end the relationship of an employee with or without notification in advance This is because it looks like he was fired basically because he was black. According to ADA, no employee should be fired due to their gender, race, color or nationality. His augment therefore looks more valid because he strongly believes that his sacking was racially based now that he was the only black employee in the company, and the only who was sacked. If Mr. Bank will be able to convince the court of law that there was a clear and unambiguous disclaimer on the written contract then the company may be stopped from firing him or may be forced to pay him for the damages. There are wrongful termination exceptions of employment in at will policy such as; Comment by User: The Americans with Disability Act is not applicable to this case.

The policy’s exemption- in this guiding principle, a worker is considered unjustly quitted if that particular dismissal violates a well-established policy, Such as discrimination claims. The public policy may be the constitution of the state, administrative rule or any other state policy. Mr. Banks case can be very strong in this area.

Implied contract exception- there is also another exception of the at-will employment, which is applied when there is an implied contract that is made between the employer and the employee even if the contract was not written. It may be oral or written. The contents and representations which are made in an employee handbook can lead to the creation of an implied contract.

Covenant of good faith- here, the court will check if the company followed properly its stated personnel policies. In this case, the company has clear policies about disciplinary policy and termination. The policies indicate that immediate termination is possible for dangerous fractions which are not the case with Mr. Bank.

In conclusion, it is prohibited by many states from discriminating workers on the basis of their race, color, sex or religion affiliations. Mr. bank’s case falls in this category of racial discrimination.

My recommendation is that Mr. bank is recalled to work if we have to avoid a lot of court battles. There is a very high possibility of the complainant winning the case if he decides to take that route. It is better to agree with him and make an agreed compensation if termination will still stand. Agreeing with him the amount of cash he would wish to be compensated will be very advantageous in that the company will save its resources by avoiding the on and off cases in court. The disadvantage of this method of solving issues out of court is that my bank might see this as the only opportunity to extract cash from the company. He might, therefore, ask for higher compensation than he probably is required to. Comment by User: What role does Title V11 of the 1964 Civil Rights Act play in this case, if any?

If Mr. Bank decides to sue the company, the court will look at factors such as if the employment length, the presence or lack of prior performance critic, and the basic notion of fairness. Looking at these factors, the court will definitely rule in favor of Mr. bank. This is because he barely worked with the company, have no written document that shows disciplinary issue and it looks like there was no fairness since he was just fired without any compelling reasons. Comment by User: What are some of the alternatives to terminating this employee? Can other employees be terminated and what would be the ramifications of those decisions? Comment by User: You did not include a References page.