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OERHRMD610CaseBTGreen0222191.docx

HRMD 610

Inbox Exercise – Case Analysis

110818

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BT Green, Inc.

BT Green, Inc. is a small high-tech business operating in Brine, Nevada. The owner began it seven years ago with two associates in a rented office space just outside of town. In three years it doubled its revenue to $850K, and expanded its customer base in the local commercial market as well as in the adjacent state. This year, it submitted a bid on a federal government contact. In preparation for that contract, to demonstrate in its proposal that the company had sufficient capacity, BT Green hired three new employees. Last week, the company learned that it did not win; so, without the new revenue stream, it decided to let one of the new people go. The other two would be retained to find new business.

Kyle Reeder, who coordinates HR functions, began Monday morning with a voice mail from Terell Banks, the employee that was terminated on the preceding Friday. Mr. Banks said:

“I’ve thought about our conversation last week. I don’t think it was fair that I was fired. It seems pretty fishy to me that the only black man in the department was let go. I would like you to review the matter to see what else can be done.”

Kyle gathered the following information from the files. See below.

--Organizational chart

--Excerpts from BT Green’s Employee Handbook

--Signed Receipts of Policy Statements

--Lifecycle Status Reports

--Employee Records

--Diversity Report

--New-Hire Interview notes

--Exit Interview notes

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BT Green Organizational Chart

Excerpts from BT Green’s Employee Handbook

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Employment at Will

Employment is on an at-will basis. A written contract, signed by the CEO of the company, is needed to change that status.

Equal Opportunity and Commitment to Diversity

BT Green strives to have a workplace which values diversity and allows all employees to perform successfully. The company upholds equal opportunity principles in all terms and stages of employment regarding race, color, national origin, ancestry, gender, gender identity or expression, sexual orientation, religion, age, physical or mental disability, genetic testing data, and military status. Questions should be directed to the company’s designated EEO Administrator. Complaints should be submitted through the Harassment and Complaint procedure.

Harassment and Complaint Procedure

BT Green strives to maintain a working environment that allows all employees to perform successfully, one that is free from sexual and other types of discriminatory harassment. Employees are expected to conduct themselves in a professional manner and to show respect to all staff and visitors. Harassment by supervisors, other management personnel, coworkers, or nonemployees who enter the workplace is not tolerated.

Complaint Procedure. If you believe you have experienced illegal discrimination, which includes harassment, or if you observe someone else who does, please notify an appropriate staff member. Your immediate supervisor or the HR Manager/EEO Administrator are available; but, if you feel more comfortable telling another member of management instead, please do. BT Green will take prompt steps to resolve the matter. Corrective actions for violations of company policy may include immediate termination. Confidentiality will be maintained to the extent possible. Retaliation for using this process will not be tolerated.

Employment of Relatives

BT Green values employee referrals of family members. Employees, however, may not report directly to a relative. Staff may not have direct or indirect decision-making authority over a relative’s job assignment, compensation, or authorized leave. Exceptions to this policy must have written permission of the CEO.

Workplace Safety Commitment

BT Green strives to create and maintain a safe working environment. Employees also have a responsibility to support occupational health and safety standards by acting in accordance with company policies and commonsense practices. Employees need to report any health or safety issues to management promptly.

BT Green prohibits all forms of workplace violence, including threats and bullying. Employees who experience such behavior from other employees or nonemployees who have entered the workplace should notify management immediately. Employees who commit such violence will be subject to disciplinary action and risk being terminated immediately. Nonemployees will be removed from the premises and/or reported to the appropriate community authorities.

To report non-emergency problems, contact your immediate supervisor or the HR Manager. If you prefer to notify another member of management, please do. If it is an emergency, seek immediate help by calling 911 to request medical services.

Job Performance

While BT Green expects employees and supervisors to communicate effectively on an ongoing basis, it conducts formal performance reviews twice a year. These reviews are an opportunity for the supervisor and employee to exchange ideas that will strengthen their working relationship, review the past period, and anticipate needs in the coming period.  The review also serves as a means of identifying professional development opportunities for the individual that will contribute to BT Green’s success. Each written review is maintained in the employee’s file.

Social Media Policy

Definition: Social media, sometimes referred to as social networking, are web or mobile based platforms, outside the company, that enable interaction among individuals in a virtual environment. It includes sharing content such as videos, photos, microblogs, blogs, and wikis. Examples of such sites are: Facebook, Linkedin, Twitter, Instagram, YouTube, Storify, Slideshare, Pinterest, and Flickr, among others.

Work time: Unless participating in these social media forums is part of one’s job responsibilities, employees should not use these platforms during working hours. The company monitors employee use of company devices and internet usage, including social media activity.

Personal time: Employees should not use company equipment to access social media sites. Use of their own devices is permitted during non-working hours. When employees use social media tools in a personal capacity, it shouldn't appear to others as though they are speaking for the company. For instance, employees should not use company e-mail addresses to establish personal social media accounts or as an identifier during participation in personal or otherwise unofficial social media activities. They should not use their job titles or company affiliation other than in biographical sections. They should include a prominent disclaimer, such as: “The views and information presented here are mine alone.” *

Proprietary Information: Company sensitive information should not be shared. This includes, but is not limited to, client lists, strategic or operational status, financial status, or legal status.

Courtesy and Respect: Employees are expected to uphold the dignity of the company, including its customers, vendors, employees, and competitors.

Legal. Employees must comply with all applicable laws, including Federal Trade Commission (FTC) guidelines, copyright, trademark, libel, and harassment laws, among others.

Note: Nothing in this policy overrides employee rights under any applicable federal, state, or local laws, including rights under the National Labor Relations Act to engage in protected concerted activities with other employees to improve or discuss terms and conditions of employment, such as wages, working conditions, and benefits.

*Modified from FDA (2015, November) Social Medial Policy, Retrieved from: https://www.fda.gov/downloads/AboutFDA/AboutThisWebsite/WebsitePolicies/UCM472486.pdf

Disciplinary Policy

The Company expects all employees to adhere to company policies, procedures, and standards. The company has the right to discipline employees for any violations of those rules and standards in a legal manner which it views as appropriate. The Company may use a progressive method to enable employees to improve; but, immediate termination is also possible, especially for dangerous infractions. The Company strives to be fair and corrective, but “just cause” per se and multiple corrective opportunities are not needed for termination. The disciplinary policy does not alter in any way the at-will status of employment.

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Receipt of Employee Handbook

I have received BT Green’s Employee Handbook. I understand that management may change it and that it is my responsibility to stay current with the provisions.

I understand that I am an at-will employee and that no company communication shall change that status. The company may terminate me without reason at any time, and I can terminate my employment at any time. I understand that only the CEO has authority to change the employment-at-will status. Such a change must be in writing and officially signed by the company.

____Terell Banks_____________________

Employee’s Name in Print

____Terell Banks___________

Employee’s Signature

_____3/6/17__________________

Date Signed by Employee

TO BE PLACED IN EMPLOYEE’S PERSONNEL FILE

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Receipt of Harassment and Safety Policies

I have read and I understand the Company’s Harassment Policy and Workplace Safety Policy.

_____Terell Banks_______________________________

Employee’s Name in Print

____Terell Banks_____________________

Signature of Employee

_____3/6/17__________________

Date Signed by Employee

TO BE PLACED IN EMPLOYEE’S PERSONNEL FILE

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BT Green Lifecycle Status Report – Summary Level

Employee Name: Terell Banks

Department: Operations/Technical Development

Job Title: Technical Representative

Supervisor: Susan Miller

New Hire

I-9 Verification

Start Date

Orientation

Complete

SH Training

Complete

WV

Training

Complete

Employee Handbook & Policy Sign-off forms

Complete

Compensation forms

Complete

Probation Complete

2/27/17

2/27/17

3/6/17

3/6/17

3/6/17

3/6/17

3/2/17

5/31/17

Performance Management (after probation period)

Review

Review

Review

Review

Review

Review

Due: 11/30/17

Training and Development (after probation period)

Annual SH Training

Annual WV Training

Annual Professional Development:

Tech Certification

Additional Training:

Additional

Training:

Additional

Training:

6/30/17

Termination: ____ Voluntary | ___X__ Involuntary: __X___ Business _____ Performance _____ Other

Notice

Given

Exit Interview

Compensation Close-out

Severance Package

Computer Account/

Phone Disabled

Co. Property Returned

Last Work/

Termination Day

Recommend-

Ation/Verific-ation Restrictions

Eligible for Rehire

Record Closed

7/21/17

8/4/17

8/7/17

No

8/8/17

8/4/17

8/4/17

Standard

Yes

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BT Green Lifecycle Status Report – Summary Level

Employee Name: Toni Silverman

Department: Operations/Technical Development

Job Title: Technical Representative

Supervisor: Susan Miller

New Hire

I-9 Verification

Start Date

Orientation

Complete

SH Training

Complete

WV

Training

Complete

Employee Handbook & Policy Sign-off forms

Complete

Compensation forms

Complete

Probation Complete

2/25/17

2/25/17

3/6/17

3/6/17

3/6/17

3/6/17

3/2/17

5/30/17

Performance Management (after probation period)

Review

Review

Review

Review

Review

Review

Due: 11/30/17

Training and Development (after probation period)

Annual SH Training

Annual WV Training

Annual Professional Development:

Tech Certification

Additional Training:

Additional

Training:

Additional

Training:

7/10/17

Termination: ____ Voluntary | _____ Involuntary: ____ Business _____ Performance _____ Other

Notice

Given

Exit Interview

Compensation Close-out

Severance Package

Computer Account/

Phone Disabled

Co. Property Returned

Last Work/

Termination Day

Recommend-

Ation/Verific-ation Restrictions

Eligible for Rehire

Record Closed

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BT Green Lifecycle Status Report – Summary Level

Employee Name: Ron Middleton

Department: Operations/Technical Development

Job Title: Technical Representative

Supervisor: Susan Miller

New Hire

I-9 Verification

Start Date

Orientation

Complete

SH Training

Complete

WV

Training

Complete

Employee Handbook & Policy Sign-off forms

Complete

Compensation forms

Complete

Probation Complete

2/28/17

2/27/17

3/6/17

3/6/17

3/6/17

3/6/17

3/2/17

5/31/17

Performance Management (after probation period)

Review

Review

Review

Review

Review

Review

Due: 11/30/17

Training and Development (after probation period)

Annual SH Training

Annual WV Training

Annual Professional Development:

Tech Certification

Additional Training:

Additional

Training:

Additional

Training:

8/15/17

Termination: ____ Voluntary | ____ Involuntary: _____ Business _____ Performance _____ Other

Notice

Given

Exit Interview

Compensation Close-out

Severance Package

Computer Account/

Phone Disabled

Co. Property Returned

Last Work/

Termination Day

Recommend-

Ation/Verific-ation Restrictions

Eligible for Rehire

Record Closed

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Employee Record – Summary Level

Employee Name: Terell Banks

Job Details

Employee ID

17313

Location

Headquarters

Department

Operations/Technical Development

Supervisor

Sue Miller

Position

Technical Representative

Business Title

Technical Representative

Employee Type

Full-time

Hire Date

2/27/17

Length of Service in Current Position

Less than 1 year

Length of Service in Organization

Less than 1 year

Payroll Profile

Yes, see separate file.

Bargaining Unit

N/A

Union Dues Checkoff

N/A

Contact Information

Business phone

555-111-2222

Business address

Headquarters

Home phone (private)

555-234-9999

Home address (private)

609 Paxton Rd., Connor, NV

Personal Information

Gender

M

Race/Ethnicity

Black

Date of Birth

050193

Age

24

Country of Birth

USA

Marital Status

Single

Citizenship Status

USA

Military Service

No

ADA request

No

Family Relationship

Cannot report to:

N/A

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Employee Record – Summary Level

Employee Name: Toni Silverman

Job Details

Employee ID

17311

Location

Headquarters

Department

Operations/Technical Development

Supervisor

Sue Miller

Position

Technical Representative

Business Title

Technical Representative

Employee Type

Full-time

Hire Date

2/25/17

Length of Service in Current Position

Less than 1 year

Length of Service in Organization

Less than 1 year

Payroll Profile

Yes, see separate file.

Bargaining Unit

N/A

Union Dues Checkoff

N/A

Contact Information

Business phone

555-111-2220

Business address

Headquarters

Home phone (private)

555-549-8888

Home address (private)

12485 North Park Dr., Boston, NV

Personal Information

Gender

F

Race/Ethnicity

White

Date of Birth

091586

Age

31

Country of Birth

USA

Marital Status

Married

Citizenship Status

USA

Military Service

No

ADA request

No

Family Relationship

Cannot report to:

N/A

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Employee Record – Summary Level

Employee Name: Ron Middleton

Job Details

Employee ID

17312

Location

Headquarters

Department

Operations/Technical Development

Supervisor

Sue Miller

Position

Technical Representative

Business Title

Technical Representative

Employee Type

Full-time

Hire Date

2/27/17

Length of Service in Current Position

Less than 1 year

Length of Service in Organization

Less than 1 year

Payroll Profile

Yes, see separate file.

Bargaining Unit

N/A

Union Dues Checkoff

N/A

Contact Information

Business phone

555-111-2222

Business address

Headquarters

Home phone (private)

555-980-7777

Home address (private)

525 DeKuning Lane., Gold, NV

Personal Information

Gender

M

Race/Ethnicity

White

Date of Birth

031794

Age

23

Country of Birth

USA

Marital Status

Single

Citizenship Status

USA

Military Service

No

ADA request

No

Family Relationship

Cannot report to:

Bradley Middleton (without special permission); Bradley is his father.

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Diversity Report: Race and Gender – Summary Level

(EEO-1 Categories: https://www.eeoc.gov/employers/eeo1survey/ee1_datafile_2013.cfm )

Note: Initials in parentheses correspond to the names of the employees.

EMPLOYEE LEVEL

HISPANIC or LATINO

WHITE

BLACK or AFRICAN AMERICAN

NATIVE HAWAIIAN or OTHER PACIFIC ISLANDER

ASIAN

AMERICAN INDIAN or ALASKAN NATIVE

TWO or MORE RACES

OTHER

TOTAL

MALE

EXECUTIVE/SENIOR LEVEL OFFICIALS AND MANAGERS

1 (BM)

1

FIRST/MID-LEVEL OFFICIALS AND MANAGERS

3

(PM, LS, KR)

3

PROFESSIONALS

1 (BW)

1

TECHNICIANS

2

(GB, RM)

1

(TB)

3

SALES WORKERS

1 (TC)

1

ADMINISTRATIVE SUPPORT WORKERS

CRAFT WORKERS

OPERATIVES

LABORERS AND HELPERS

SERVICE WORKERS

TOTAL MALE

7

1

1

9

Female

EXECUTIVE/SENIOR LEVEL OFFICIALS AND MANAGERS

FIRST/MID-LEVEL OFFICIALS AND MANAGERS

1 (SM)

1

PROFESSIONALS

TECHNICIANS

1 (TS)

1

SALES WORKERS

1 (AT)

1

ADMINISTRATIVE SUPPORT WORKERS

CRAFT WORKERS

OPERATIVES

LABORERS AND HELPERS

SERVICE WORKERS

TOTAL FEMALE

2

1

3

TOTAL EMPLOYEES

9

2

1

12

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New-Hire Interview - Summary

Applicant: Terell Banks

Position: Technical Representative, Operations/Technical Development

Interview Date: 2/20/17

Interview Method/Location: Face-to-face, Headquarters

Rating: __X___ Recommend for Hire _____ Consider in future _____ Do not hire

Comments:

--Informed him of at-will status

--Explained job is to help with possible government contract

--Explained that technical certification is needed within 6 months, that company will pay 80% of fee

Attending:

Name

Title

Signature

Date

Susan Miller

Manager, Operations/Technical Development

2/20/17

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Exit Interview - Summary

Employee: Terell Banks

Position: Technical Representative, Operations/Technical Development

Termination Type: ____ Voluntary | ____ Involuntary: __X__ Business ____ Performance ____ Other

Interview Date: 8/4/17

Interview Method/Location: Face-to-face, headquarters

Discussed:

_N/A_ No Compete Agreement Provisions

_√___ Confidentiality

_√___ Employment Verification/Recommendation Policy

_√___ Employee Satisfaction Questionnaire

__x__ Follow-up items: None

Comments: Final paycheck was given to him in person. I-9 Status change notification was not needed.

Attending:

Name

Title

Signature

Date

K. Reeder

Manager, HR/Administration

8/4/17

End of Packet

CEO/Owner - Bradley Middleton

MGR: HR/Administration Kyle Reeder

MGR:Operations/Technical Development - Susan Miller

MGR: Sales/Marketing -

Phil Moore

MGR: Finance/Comptroller - Leo Sinci

Tech Rep - George Birch

Tech Rep - Toni Silverman

Tech Rep - Terell Banks

Tech Rep - Ron Middleton

Sales Rep - Angela Tower

Sales Rep - Troy Collins

Accountant - Brook Williams