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Phy-Com''s Responsibilities As director of HR, Tess Sosa was asked 1o negotiate a severance deal with Simon Burris, the Midwest regional sales manager for Phy-Com

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Phy-Com''s Responsibilities As director of HR, Tess Sosa was asked 1o negotiate a severance deal with Simon Burris, the Midwest regional sales manager for Phy-Com Systems. Burris's problems with drugs and aleohol had become severe enough to require his dismissal His customers were devoted to him, but top management was reluctant to continue gambling on his reliability. Lives depended on his work as the salesperson and installer of Phy-Com's respiratory diagnostic technology. Burris had been warned twice to clean up his act, but had never succeeded. Only his unique blend of technical knowledge and high powered sales ability had saved him in the past. Now the vice president of sales asked Sosa to offer Burris the option of resigning rather than being fired if he would sign a noncompete agreement and agree to go into rehabilitation. Phy-Com would also extend a guarantee of confidentiality on the abuse issue and a good work reference as thanks for the millions of dollars of business that Burris had brought to Phy-Com. Burris agreed to take the deal. After his departure, several near-disasters that were the result of Burris's mismanagement were uncovered. Some of his maneuvers to cover up his mistakes bordered on fraud. Today, Sosa received a message to call the HR director at a cardiopulmonary technology company to give a personal reference for Burris. From the area code, Sosa could see that he was not in violation of the noncompete agreement. She had also heard that Burris had completed a 30-day treatment program as promised. Sosa knew that she was expected 10 honor the confidentiality agreement, but she also knew that if his shady dealings had been discovered before his departure, he would have been fired without any agreement. Now she was being asked to give Burris a reference for another medical sales position. What Would You Do? 1. Honor the agreement, trusting that Burris's rehabilitation is complete on all levels and that he is now ready for a responsible position. Give him a good recommendation. Z Comtact the vice president of sales and ask him to release you from the agreement or to give the reference himself. After all, he's the one who made the agreement. You don't want to lie. 3. Without mentioning specifics, give Burris an unenthusiastic reference such that you hope the other HR director can read between the lines and believe that Burris will be a poor cholce

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