...INTEROFFICE MEMORANDUM TO: DONALD ERTL: CEO FROM: M.T. ALLEN: HR SPECIALIST SUBJECT: EMPLOYEE CONSTRUCTIVE DISCHARGE SUITE DATE: 7/22/2012 CC: LEGAL DEPARTMENT I. PROBLEM: We have received notice of suit arguing that the plaintiff, a former employee, was forced to resign due to constructive discharge. The plaintiff is seeking injunctive relief under Title VII of the Civil Rights Act of 1964. Even though the employee is the one who has quit, it is ERTL Toys that can be legally liable for lost wages, pain and suffering, and punitive damages if the plaintiff prevailed. II. DISCUSSION: A. Constructive Discharge Constructive discharge, or constructive dismissal as it is sometimes referred to, makes a legal claim that the employer made a material breach of contract that is implied between the defendant ERTL Toys (“Employer”), and the plaintiff (“Employee"), by making unilateral changes to the implied contract that forces the Employee into a default situation. (Various, 2011)1 Specifically, Employee argues that ERTL Toy’s unilateral change of work schedules made Employee’s continued employment untenable because working on specific holy days is forbidden according to his religious doctrine. B. Title VII 42 U.S.C. § 2000e-2 "Title VII of the Act, codified as Subchapter VI of Chapter 21 of 42 U.S.C. § 2000e [2] et seq., prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin." (Title VII 42 U.S.C. § 2000e-2, 1964)2 The...
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...| ABC Toy Company | Memo To: CEO ABC Toy Company From: Date: January 9, 2013 Re: Tittle VII: Constructive Discharge Charge A. Constructive Discharge Constructive discharge is when the employment conditions become so intolerable the employee must resign (Dempsey & Petsche). It is believed that certain tactics by an employer can be used to force an employee’s resignation. Constructive discharge is relevant to our situation because the employee believes that the work schedule provided was too intolerable for him to continue to work here. He believes that because of his religious beliefs we would not accomadate him, therefore forcing him to resign. The employee in question since his hire date has enjoyed the ability to not work on Saturday or Sunday due to the manufacturing schedule. Due to our increase in production all employees must now work 12 hour shift with four days on and four days off. This schedule conflicted with his observance of holy day. Due to this the employee choose to resign. B. Title VII Title VII is also known as the Civil Rights Act of 1964. It was created to prevent forms of discrimination related to racial, ethnic, national and religious minorities and women. The official Title VII documents define: The term “religion” includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee’s or prospective employee’s religious observance...
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...recent emergence. With the mobility of the workforce and retirement of the baby boomers, competency models are being used for succession planning as well. It is within the last few years that the Employment and Training Administration (ETA) has turned its focus on skills acquisition and assessment to the competency model process for determining the needs of business and employers and the requirements of skilled workers. Recently, ETA has been engaged with business, industry, and education/training leaders to develop competency models for targeted industries and broker information on resources that are used based on or used in conjunction with competency models to efficiently prepare the workforce. This paper examines the role of competency models in human resources practices and discusses where the ETA Competency Model Clearinghouse has assisted in sharing competency related information and resources to the publicly funded workforce investment system and...
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...The New Metrics Analysis, Workforce Scorecard Zuhour Sarsour Globe University/Minnesota School of Business Masters Business Administration MG545, Human Capital Instructor: Holly Tapper, J.D., M.B.A October 13, 2012 Introduction The article, “The new metrics: how to develop your own workforce scorecard” clearly identifies an organizations need for a workforce scorecard. The article itemizes the process to create a workforce scorecard which is the measurement of intangible assets, specifically, human capital within an organization. The author was clear and concise in the presentation of the related concepts. Managerial Style of the Author My impression of the author’s presentation throughout the article was that he was easily understood. The author was very clear in introducing the reasons for the needs of scorecards. The author began the article by identifying the key reasons that scorecards are needed within an organization. He explained that scorecards contribute to the accuracy of a company’s Human Resource operational and cost efficient matters. The author goes on to clarify HR metrics and its importance on the execution of a business’s strategic goals as well as the CEO’s decision making. Strengths Throughout the article the author was clear. I felt that the author’s main strength was the way that he organized the article. The brief explanation of what a scorecard is and its functions gives the reader insight on the entire HR concept. He follows the explanation...
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...Human Resource Management Roles Sharon Lokomski HCS/341 8/29/2011 Mark Stricklett Human Resource Management Roles The human resource department plays a major rule in businesses. With the human resource department companies can run more smoothly so that different departments can be split up and have there own managers. There are two important roles for the human resource department which include strategic planning and functional support. The strategic planning is developing and counseling the orgainizations performance. There needs to be a good plan so the company will have its employee working together as a team and be able to have a manager for there department. The functional support is the legwork and tactical processes of the performance of the management system. With having these two in place the company could run properly and have a working environment. Some of the job descriptions of the human resouce department are to create jobs that could include the tasks, duties, and responsibilities for each employee of the company. This also has performance standards to define the different levels of work in the company. The human resource department has leadership training to have managers trained so they can train there employees on the jobs that they were hired for. The only way that the effectivness of the human resource department plays a part in how well the organization runs. With having different managers for the departments the employees could have...
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...Wal-Mart: Organization Paper The management function in an organization is usually related to effort, authority, and responsibilities of the management of that firm. Motivation of the workforce within these organizations handles the employees, and other personnel to work within a team environment. These teams will accomplish a goal; management must organize the employees into teams that have work that is related to the final goal. However, the development of an organization must include knowledge of the task, human resources, assets, and monetary allowances. The Wal-Mart organization is a force in the retail industry; there are over 7,000 stores around the country. These stores also include the Sam’s Club, Wal-Mart supercenters and warehouses in Canada and Mexico. Wal-Mart, when measured by its total revenue, is the largest retailer, that is measured by both net sales and income increases from its operating stores. Its primary products and service lines generally lie within the competition of its Discount and Variety Retail, as well as Electronics and Drug stores, Pharmacies, Appliances, and Gasoline sales (Hoovers, 2008). Physical Assets Wal-Mart includes physical assets within its organization that are developed in such a way that allows for utilizing efficient methods in order to manage these assets. Such factors of its environment are quite evident in one example, its retail prices. This is important because in essence, if Wal-Mart was less efficient...
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...innovation and technology. These outcomes will be met through a strategic framework with four broad themes: Inform, Attract, Develop and Retain. This same framework can be applied at a micro level by an employer or industry sector in developing a strategic workforce plan. This guide will take you through the steps of strategic workforce planning and illustrate how the BETW four-part framework can apply to your organization or company. What is Strategic Workforce Planning? Strategic Workforce Planning is a management process that is being increasingly used to plan for future labour needs, changes and challenges. It examines the current workforce and takes a strategic look at what the future workforce demands will be to develop a human resources plan of action. Strategic Workforce Planning involves identifying, assessing, developing and sustaining employee workforce skills required to successfully accomplish business goals and priorities while balancing the needs and expectations of employees....
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...Internal Risk Assessment Tina Sams MGT488 Sept.11, 2011 S. Jeannette Guignard Internal Risk Assessment Introduction Home Depot was founded in 1978 by two individuals and they are Bernice Marcus and Arthur Blank. The two wanted to change the way people thought and took care of their home and their gardens. They created the do it yourself concept and that way of thinking has caught on and has spawn across the globe. Home Depot headquarters are in Atlanta, Georgia. Today Home Depot is the largest home improvement retailers. It has over 2200 stores throughout the United States and that also includes Puerto Rico, U.S, Virgin Islands, Canada, Mexico and even China. Home Depot employs 317,000 individuals in all off the stores. Home Depot sells anything from carpenter needs, carpet, appliances and most everything that a person would need to complete their do it themselves projects. Strengths and Weakness The Home Depot stores has a variety of areas where their strengths and weaknesses are greatly measured and used to help make their business and their stores strive and be successful. The first area that is going to be mentioned is the stores. To begin the strengths of Home Depot it has to start will all of the employees. It also builds it strengths around their merchandise that they carry. They want to make sure that they have everything that a do it yourself person to do their construction that they need to do. Projects are what people want to do to make the necessary...
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...2009 Suparn Sharma, Jyoty Sharma, Arti Devi 205 CORPORATE SOCIAL RESPONSIBILITY: THE KEY ROLE OF HUMAN RESOURCE MANAGEMENT Suparn Sharma (PhD),Joity Sharma (PhD), Arti Devi Abstract Business organizations have waked up to the need for being committed towards Corporate Social Responsibility. But still majority have just been taking up some form of philanthropic activities for its stakeholders. Nurturing a strong corporate culture which emphasizes Corporate Social Responsibility (CSR) values and competencies is required to achieve the synergistic benefits. The employees of an organization occupy a central place in developing such a culture which underlines CSR values and competencies. The present study, therefore, is an attempt to explore the engagement of human resource management professionals in undertaking Corporate Social Responsibility. It also suggests Human Resource Management to take a leading role in encouraging CSR activities at all levels. The combined impact of CSR and human resource activities, which reinforce desirable behavior, can make a major contribution in creating long term success in organizations. Sharma S., Sharma J. and Devi A. - Corporate Social Responsibility: The Key Role of Human Resource Management 206 Business Intelligence Journal January Introducción Business houses, right from the inception of human race, have been regarded as constructive partners in the communities in which they operate. Though they have been instrumental...
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...Task Statements: Human Resource Receptionist Student Name | Sheila Humphrey | What action is being performed (verb) | To whom/what is the action directed (receiver of the verb) | How is the action performed (procedure, tools, equipment) | Why is action performed (purpose) | Disseminate mail | Incoming mail | Recieve delivery from Mail room | Disburse mail to the appropriate employees | Schedule appointments | Schedule appointments for employees and new hires | Schedule appointments in outlook | Schedule meeting for staff and new hires. | Corresponding | Incoming inquires | Use of word and excel | Initiate responses to incoming inquiries | Answer Phones | Incoming calls | Switchboard | Forward to appropriate employee | Greeting | Incoming clients/employees | Front desk | To ensure hospitality at the front desk | Filing | Employee files and incoming correspondence | Files/filing system | The ability to file and retrieve files as needed in current filing system. | | | | | | | | | | | | | | | | | Task Statements 1 | Receive and disburse incoming mail to the appropriate employees. | 2 | Schedule appointments for employees and new hires | 3 | Correspond with the income inquires | 4 | Answering the phones and directing calls to the appropriate employee. | 5 | Receive incoming person with hospitality | 6 | File personal files and incoming correspondence | 7 | | 8 | | KSA Statements: Human Resource Receptionist Student...
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...assistance and aid. The country Kava, not only has potential and opportunity, but also has great resources. Kava provides goods and services that have a huge impact on people and businesses all over the world. Chris Morales, who is the founder and Chief Executive Officer at the Department of Human Services, is aware of the importance and significance of these resources and considers it his duty as well as the duty of the employees at the Department of Human Services to contribute to the growth and stability of Kavas economy. The Department of Human Services plans to preserve and protect Kavas valuable resources by establishing a greater presence in Kava and giving back to the country and all of its population who have helped Kava. The Department of Human Services plans to aid in cleaning up and restoring Kava on its way to recovery. It is the job of the director of strategic planning at the Department of Human Services to help this country recover so it can have continuous growth and success. The goal of the Department of Human Services is to protect the health of the needy as well as to provided essential human services, especially for the people who are the least able to help themselves. We at the Department of Human Services would like to help Kava recover from the disasters it has faced and to help Kava overcome any challenges that it presently has. The Department of Human Services will accomplish this by addressing all of the issues in the business scenario, the forces...
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...Human Capital Every business relies on their personnel. Without a strong workforce a company cannot thrive and be successful in an ever changing corporate environment. Leslie Weatherly maintains that this human capital is a company asset like any other. In the article “Human Capital – The Elusive Asset” Weatherly presents a definition of human capital and strategies for measuring the actual value of human capital assets and the ROI it provides to the company’s bottom line. If human capital is seen as the collective sum of the attributes, life experience, knowledge, inventiveness, energy and enthusiasm that people invest in their work (Weatherly) how can this be possibly be measured and put on a balance sheet as an asset? The truth is it cannot. GAAP standards cannot account for the intangible human capital within an organization. Recruiting, salaries and training and are expenses incurred for finding and developing human capital but they cannot be expensed against the tactic knowledge, professional certification or education an individual brings to an organization. It is the intangible elements of human capital that hold the most value, but are the most challenging to place a value on. An example of this is the recruiting methods of what are called Big Law jobs. Large firms in major cities recruit from a small number of elite schools. The law schools themselves have an intangible value that translates into actual value for the firm. The firm uses...
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...skills and the willingness to learn new skills may hinder their opportunity for future growth within a company as well as their career. With the resources available today, no one could not take his or her knowledge and career to the next level. Resources such as schools, workshops, Internet and even professional organizations and associations are available to help every professional in all walks of professions around the world. The International Association for Human Resources Information Management (IHRIM) is an example of a professional organization that can help further the career of someone in that line of work. The organization was founded in 1980 when HR and IT professionals found themselves needing a mediator. They are currently an international organization providing services such as training and certification programs, job searches and a plethora of networking opportunities for other IT and HR professionals around the globe. They also conduct seminars and forums across the globe for information and retraining purposes, provide publications for references and even a buyer’s guide for human resources programs, software, and products. Because this organization offers many resources and information, it would be an advantage for someone who was looking to jump-start his or her career in the Information Management or Human Resources field. The education information available through IHRIM can help someone who might be looking to receive the information needed to focus on...
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...Literature Reviews All three articles reviewed: ‘Guidelines for Best Practice in the Use of Job Analysis Techniques’ by SHL GROUP http://www.shl.com/assets/resources/Best-Practice-Job-Analysis.pdf, ‘What Happens If an Organization Doesn’t Conduct a Job Analysis?’ by Anaya Baldwin, Demand Media http://smallbusiness.chron.com/happens-organization-doesnt-conduct-job-analysis-15562.html, and ‘Job Analysis’ created by the Canadian Job Bank http://www.jobsetc.gc.ca/pieces1.jsp?category_id=2802&root_id=2801, all fully support Job Analysis in ways such as creating a definition of a needed position, aligning current employees with jobs that match their work skills, creating standards which can be quantifiable, and setting realistic goals and expectations for employees. The ‘Guidelines for Best Practice in the Use of Job Analysis Techniques’ article is very comprehensive from the beginning phases of what a job analysis is to special considerations, as well as different techniques. Like this course project, this article starts with stating that it is important to identify the knowledge, skills, and abilities needed for a person to perform a job. They state a wide range of ways in which to define the KSA’s, like observing current employees, having employees and managers fill out questionnaires, and interviewing employees of all levels to get input. Some interesting insight provided in this article is related to disability and job analysis. Taking into consideration the fact...
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...Human Resource Management Alex Renteria Mgmt. 201 5/19/2011 Kent Troxell Human Resource Management Human resources is an expression used to describe the individuals who construct up the workforce of an organization, although it is also pertained in labor economics as well, for example, business segments or even whole nations. Human resources is also the name of the occupation within an organization charged with the overall responsibility for implementing strategies and policies concerning to the management of individuals (i.e. the human resources). This function title is often abbreviated to the initials "HR". Human resources are a relatively modern management term, coined as late as the 1960s. The origins of the function ascended in organizations that introduced 'welfare management' practices and also in those that adopted the principles of 'scientific management'. From these relationships emerged a fundamentally administrative management activity, coordinating an assortment of worker related processes and becoming known, in time, as the 'personnel function'. Human resources progressively became the more everyday name for this function, in the first instance in the United States as well as multinational or international corporations, reflecting the adoption of a more quantitative as well as strategic approach to workforce management, demanded by corporate management to gain a competitive advantage, utilizing limited skilled and highly skilled...
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