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Law, Ethics & Corp. Governance Essay

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Paper type: Essay

Words: 1487, Paragraphs: 19, Pages: 6

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1. Describe what steps you would take to address the following scenario involving skills, competence, and abilities: The employee seems to be unable to learn the computer applications that are basic to her job responsibilities, but, consistently “tells” her boss that she is “a good worker and a genius” and that he does not “appreciate her”. Even after a few months of training and support, she is unable to use the computer tools to be productive and efficient in completing the required tasks.

This can be a difficult situation for an employer to make because many employers try to see the positive and have faith in all their employees. If this situation took place within my company, I would continue to observe the employees attitude as well as dedication. Many times, employees are not capable of performing certain tasks, however, with a humble mindset, it is possible to work with them and guide them while working. This specific employee seems to have a self-assured mindset that she is not doing anything wrong.

Instead of opening up and allowing her boss to assist her, she becomes arrogant. I would go a different route and have a professional come and train her from another company to see if that would help. If this specific assistance does not help, I will have to write the employee up to warn her that she must submit to the work load within a certain time frame.

I do not believe this is being harsh to the employee. If she is hired to do a specific task and cannot get the task accomplished, then she is incapable of doing the work. I will be able to provide a written statement and have her terminated. Employers cannot waste time on employees who talk about their capabilities, yet not perform them. According to “Law and Ethics in the Business Environment” Chapter 2, she is able to voice her opinion publically in court, however, she must have written proof to back her up whys he should not be terminated.

2. Describe what steps you would take to address the following scenario involving management, behavior, and performance: The employee tends to burst into a rage when criticized and is frequently late to work as noticed by her boss and other staff members. When her boss attempts to address her behavioral issues and the company late policy, the employee’s response is that she “knows her rights and what to do” if she is wrongfully discharged. She also says she took a business law class in undergrad that taught her “everything she needs to know about exceptions to the employment-at-will doctrine and wrongful discharge in violation of public policy”.

I would provide counsel and verbal warning to the employee. It is important to get all of the facts and bring that person into your office without making a big scene. Being honest and upfront about the tardiness and improper behavior will get much respect from the employee and show firm leadership. I will discuss what has been taken place and how important it is to have the whole department working on one accord. I will also discuss that their tardiness is not fair to the other employees. I would take the time to ask if there is anything wrong, or if there is something happening in the workplace or personal life that is causing what is perceived as “a person with a bad attitude who is unhappy at work.

I believe listening and showing empathy will let the employee know you care about their well-being but yet, still mean business. There may be some personal issues that they just need to get off of their chest. If I get a sarcastic response from them, then I must be strong, but not attacking, and let them know that the behavior shown is not acceptable and needs to improve. I would be sure that I am focusing on the problem, not the person. In situations like these, staying calm and let them do the talking will show the humility in you as a leader.

In situations like these, I would point out their strengths, and try to first focus on the good aspects of their performance rather than a perceived bad attitude. Documenting and date this conversation as a verbal warning to the employee, yet not making it a threat. This is not a written warning, but shows that you did talk to the person about difficult employee issues. The more the employer documents, the easier it will be to terminate if it gets to that point. The biggest mistake is to not document. Documentation and building a case is the proof that shows you talked to this employee many times but to no avail (Sheahan, 2012).

3. Describe what steps you would take to address the following scenario involving labor and laws: The employee takes a day off from work, without management consent, for her religious holiday observance that falls on a day that is during “tax season”. The day off occurred during an incredibly busy period for the company during which the employer had notified all employees they were not allowed to take off without prior management approval. Also, there is no labor union for accountants. However, she begins talking to her co-workers during lunch breaks and sometimes during regular work hours, encouraging them to organize and form a union to “protect ourselves”.

This can be a difficult situation because it involves the employee’s religious rights. According to an Act in 1997, “GUIDELINES ON RELIGIOUS EXERCISE AND RELIGIOUS EXPRESSION IN THE FEDERAL WORKPLACE”, Agencies shall not discriminate against employees on the basis of religion, require religious participation or non-participation as a condition of employment, or permit religious harassment. And agencies shall accommodate employees’ exercise of their religion in the circumstances specified in these Guidelines.

These requirements are but applications of the general principle that agencies shall treat all employees with the same respect and consideration, regardless of their religion. At the same time, employees are not to engage in religious acts with employees by forcing their beliefs and opinions on them. This can cause immediate termination. Regardless of religious observation day or not, an employee is not to take a work day off without employers permission. The employer has every right to terminate the employee. It is understandable to observe religious acts as an individual but there has to be communication between employee and employer. The employer has to make accommodations for that specific day.

4. Describe what steps you would take to address the following scenario involving policies and procedures: The employee’s supervisor consistently asks her out on dates; the employee initially refuses to go out on a date with her supervisor. The employee later discusses the issue with her girlfriend who encourages her to accept his offers. During her new employee orientation, the employee was informed of the company policy which prevented employees from dating their supervisor and was given an employee handbook with the written policy. The employee and her supervisor later begin having a consensual relationship.

Based from the research according to Saalfeld Griggs PC Publications, a supervisor dating an employee is prohibited within many companies. Although romantic relationships in the workplace are common, employers have legitimate reasons for concern about employee dating. The biggest fear is a sexual harassment lawsuit arising from either a supervisor who has a habit of asking subordinates out on dates; an employee who files a lawsuit after a consensual relationship goes sour; or the perception of co-workers that a supervisor is playing favorites with his or her “significant other. A policy that prohibits a supervisor from dating a subordinate must also describe the penalty imposed if the policy is violated.

Men often hold more senior positions in a company, therefore, a policy that always penalizes the subordinate (e.g. by requiring termination or transfer) may create sexual discrimination liability. When enforcing a “no dating” policy, the employer must be careful to penalize both sexes equally. An employer who selectively enforces the policy, or enforces it more harshly against one sex compared to the other, may be liable for sexual discrimination. In a consensual relationship between a supervisor and a subordinate, the subordinate often is the recipient of preferential treatment. Employees have asserted claims for sexual harassment based on the theory that they can’t receive the same benefits because they are not “sleeping with the boss.”

The policy is in writing and both the employer and employee decided to go against this policy. If one or the other is not able to transfer to another department, they must suffer the consequences of being released from the company.

Reference Page:

1. Halbert, T., & Ingulli, E. (2012). Law & ethics in the business environment (7th ed.). Mason, OH: South-Western Cengage Learning.

2. Sheahan, K. (2012). Bad Employee Behavior. Article retrieved from: http://www.ehow.com/facts_6739049_bad-employee-behavior.html

3. Sutton, R. (1999). Regulating Workplace Romance. Article retrieved from: http://www.sglaw.com/publications.php?id=36&pubtype=showarticle

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