You Cant Fire Me! Check Your Policy

Supervisors report that discharging an employee is one of the toughest tasks they perform as managers. Furthermore, termination for absenteeism can be particularly difficult due to the causes of absenteeism and, in some cases, the past work record of the employee. This case illustrates a typical absentee problem faced by management. Mary Schwartz was employed by Beach Electrical Systems for nine years. For the first six years of her employment, she was considered a model employee. Marys annual performance reviews were always above average or exceptional, and she was described by her managers as a loyal and dedicated employee. However, things changed rapidly in 2004 when Mary became, as her current manager stated, an absentee problem. According to HR department records, in 2008 and 2009 Mary was absent 12 percent and 19 percent of the time, respectively. Her worst year was 2010, when she was absent 27.2 percent of the time. However, unlike other absent employees, Mary was always absent because of genuine and verifiable illnesses or work-related accidents. Marys supervisor had talked to her periodically about her attendance problem, but she was never given an official warning noticeoral or writtenthat she would be fired if her attendance record did not improve. The incident that caused her termination occurred on Thursday, May 20, 2011. On that day her manager notified all department employees (eight in total) that they would need to work overtime on Saturday, May 22, 2011, to complete a critical order for a highly valued and important customer. All employees agreed to work Saturday, except Mary, who cited personal reasons, which she refused to disclose, for her refusal to work. On Monday, May 24, 20011, her supervisor, with concurrence from the department manager, terminated her employment for unsatisfactory attendance. Mary did not dispute the attendance record; however, she filed a grievance through the companys alternative dispute resolution procedure alleging that management did not discharge her according to the organizations published disciplinary policy. She pointed to the section in the policy manual that states, Employees will be warned for absenteeism before they are terminated. Mary maintained that she was never officially warned as required. Management replied that Mary was well aware of her absentee problem but that warning her would have served no purpose since she was unable to prevent her continued illnesses from occurring. Additionally, her refusal to work overtime on Saturday was a further indication of her lack of concern for her job or the welfare of the company.

Questions

- Please include a summary of case as well.

1. What role, if any, should Marys past work record play in this case? Explain your answer.

2. Does management have a right to know why employees refuse to work overtime? Why or why not.

3. Evaluate the arguments of Mary Schwartz and management in this case.

4. If you were a member of the companys peer-review complaint committee, how would you vote in this case? What facts would cause you to vote this way?

One reference please