Module 5 Reinforcement Activity Litigation Process An HR manager gets a voice mail from a supervisor, alerting HR that she has fired an employee who arrived.
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Module 5 Reinforcement ActivityLitigation Process
An HR manager gets a voice mail from a supervisor, alerting HR that she has fired an employee who arrived for a shift 30 minutes late after being warned about tardiness. The supervisor fired the employee immediately because he began to use abusive language and threatened the supervisor physically. HR is familiar with the employee because he complained of discriminatory treatment when he received the first written warning about tardiness.
Go immediately to the work area and gather information from employees there while their memories are fresh?Notes from these interviews will be subject to discovery if a complaint is filed.
Hope for the best and see if the employee files a complaint.What is the likelihood of an action, and what are the possible costs of defending the organization and possibly having to provide back pay?
Call the organization’s attorney immediately.What is the cost of attorney advice compared to costs of being unprepared for litigation?
Begin searching through disciplinary records in this work area to see if there is merit to the claim.What happens if the manager does uncover evidence of disciplinary inconsistency or supervisor bias during this research process?
The organization’s attorney has cleared the HR manager to interview witnesses to the blow up between the supervisor and the employee who has filed the complaint.
What qualities should the person or persons chosen for this task possess?
• Unassailable impartiality• Objectivity• Excellent questioning skills (able to persuade
interviewees to feel comfortable so that they answer freely and fully)
• Ability to listen closely and critically (able to use follow-up questions to obtain additional information, resolve inconsistencies in statements, or expose contradictions)