HRMD 610 Inbox Exercise – Case Analysis

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Business Finance

HRMD 610

Description

Analyze the BT Green case. Write a memo to the CEO, explaining:

  • what legal risk the company has regarding Mr. Banks’ complaint.In doing this,
    • Identify the specific laws that may pertain to this situation.
    • State the key legal criteria for each law.
    • Analyze whether the details of the case meet the legal criteria, then explain how they do or do not fit.
    • State your conclusion about the legal risk.
  • what your recommendation is for handling the case.In doing this,
    • State your recommendation.
    • Explain your rationale for the recommendation.
    • Identify the advantages for doing it.
    • Identify the disadvantages or risks for doing it.

Presentation criteria

The CEO values your opinion but also likes to know that it is well-grounded; so, use APA to cite appropriate sources for ideas you borrow, for support you use, and for key terms in your analysis. He also expects excellent writing from his staff.This means it should be clearly stated, carry the appropriate tone, be grammatically correct, and be sensitive to his time constraints.Write concisely, limiting your response to a maximum of 2 double-spaced pages of text.

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HRMD 610 Inbox Exercise – Case Analysis 110818 BTG GG BT Green, Inc. BT Green, Inc. is a small high-tech business operating in Brine, Nevada. The owner began it seven years ago with two associates in a rented office space just outside of town. In three years it doubled its revenue to $850K, and expanded its customer base in the local commercial market as well as in the adjacent state. This year, it submitted a bid on a federal government contact. In preparation for that contract, to demonstrate in its proposal that the company had sufficient capacity, BT Green hired three new employees. Last week, the company learned that it did not win; so, without the new revenue stream, it decided to let one of the new people go. The other two would be retained to find new business. Kyle Reeder, who coordinates HR functions, began Monday morning with a voice mail from Terell Banks, the employee that was terminated on the preceding Friday. Mr. Banks said: “I’ve thought about our conversation last week. I don’t think it was fair that I was fired. It seems pretty fishy to me that the only black man in the department was let go. I would like you to review the matter to see what else can be done.” Kyle gathered the following information from the files. See below. --Organizational chart --Excerpts from BT Green’s Employee Handbook --Signed Receipts of Policy Statements --Lifecycle Status Reports --Employee Records --Diversity Report --New-Hire Interview notes --Exit Interview notes BTG GG BT Green Organizational Chart CEO/Owner - Bradley Middleton MGR: HR/Administration Kyle Reeder MGR:Operations/Technical Development - Susan Miller MGR: Sales/Marketing Phil Moore Tech Rep - George Birch Sales Rep - Angela Tower Tech Rep - Toni Silverman Sales Rep - Troy Collins Tech Rep - Ron Middleton Tech Rep - Terell Banks MGR: Finance/Comptroller Leo Sinci Accountant - Brook Williams Excerpts from BT Green’s Employee Handbook BTG GG Employment at Will Employment is on an at-will basis. A written contract, signed by the CEO of the company, is needed to change that status. Equal Opportunity and Commitment to Diversity BT Green strives to have a workplace which values diversity and allows all employees to perform successfully. The company upholds equal opportunity principles in all terms and stages of employment regarding race, color, national origin, ancestry, gender, gender identity or expression, sexual orientation, religion, age, physical or mental disability, genetic testing data, and military status. Questions should be directed to the company’s designated EEO Administrator. Complaints should be submitted through the Harassment and Complaint procedure. Harassment and Complaint Procedure BT Green strives to maintain a working environment that allows all employees to perform successfully, one that is free from sexual and other types of discriminatory harassment. Employees are expected to conduct themselves in a professional manner and to show respect to all staff and visitors. Harassment by supervisors, other management personnel, coworkers, or nonemployees who enter the workplace is not tolerated. Complaint Procedure. If you believe you have experienced illegal discrimination, which includes harassment, or if you observe someone else who does, please notify an appropriate staff member. Your immediate supervisor or the HR Manager/EEO Administrator are available; but, if you feel more comfortable telling another member of management instead, please do. BT Green will take prompt steps to resolve the matter. Corrective actions for violations of company policy may include immediate termination. Confidentiality will be maintained to the extent possible. Retaliation for using this process will not be tolerated. Employment of Relatives BT Green values employee referrals of family members. Employees, however, may not report directly to a relative. Staff may not have direct or indirect decision-making authority over a relative’s job assignment, compensation, or authorized leave. Exceptions to this policy must have written permission of the CEO. Workplace Safety Commitment BT Green strives to create and maintain a safe working environment. Employees also have a responsibility to support occupational health and safety standards by acting in accordance with company policies and commonsense practices. Employees need to report any health or safety issues to management promptly. BT Green prohibits all forms of workplace violence, including threats and bullying. Employees who experience such behavior from other employees or nonemployees who have entered the workplace should notify management immediately. Employees who commit such violence will be subject to disciplinary action and risk being terminated immediately. Nonemployees will be removed from the premises and/or reported to the appropriate community authorities. To report non-emergency problems, contact your immediate supervisor or the HR Manager. If you prefer to notify another member of management, please do. If it is an emergency, seek immediate help by calling 911 to request medical services. Job Performance While BT Green expects employees and supervisors to communicate effectively on an ongoing basis, it conducts formal performance reviews twice a year. These reviews are an opportunity for the supervisor and employee to exchange ideas that will strengthen their working relationship, review the past period, and anticipate needs in the coming period. The review also serves as a means of identifying professional development opportunities for the individual that will contribute to BT Green’s success. Each written review is maintained in the employee’s file. Social Media Policy Definition: Social media, sometimes referred to as social networking, are web or mobile based platforms, outside the company, that enable interaction among individuals in a virtual environment. It includes sharing content such as videos, photos, microblogs, blogs, and wikis. Examples of such sites are: Facebook, Linkedin, Twitter, Instagram, YouTube, Storify, Slideshare, Pinterest, and Flickr, among others. Work time: Unless participating in these social media forums is part of one’s job responsibilities, employees should not use these platforms during working hours. The company monitors employee use of company devices and internet usage, including social media activity. Personal time: Employees should not use company equipment to access social media sites. Use of their own devices is permitted during non-working hours. When employees use social media tools in a personal capacity, it shouldn't appear to others as though they are speaking for the company. For instance, employees should not use company e-mail addresses to establish personal social media accounts or as an identifier during participation in personal or otherwise unofficial social media activities. They should not use their job titles or company affiliation other than in biographical sections. They should include a prominent disclaimer, such as: “The views and information presented here are mine alone.” * Proprietary Information: Company sensitive information should not be shared. This includes, but is not limited to, client lists, strategic or operational status, financial status, or legal status. Courtesy and Respect: Employees are expected to uphold the dignity of the company, including its customers, vendors, employees, and competitors. Legal. Employees must comply with all applicable laws, including Federal Trade Commission (FTC) guidelines, copyright, trademark, libel, and harassment laws, among others. Note: Nothing in this policy overrides employee rights under any applicable federal, state, or local laws, including rights under the National Labor Relations Act to engage in protected concerted activities with other employees to improve or discuss terms and conditions of employment, such as wages, working conditions, and benefits. *Modified from FDA (2015, November) Social Medial Policy, Retrieved from: https://www.fda.gov/downloads/AboutFDA/AboutThisWebsite/WebsitePolicies/UCM472486.pdf Disciplinary Policy The Company expects all employees to adhere to company policies, procedures, and standards. The company has the right to discipline employees for any violations of those rules and standards in a legal manner which it views as appropriate. The Company may use a progressive method to enable employees to improve; but, immediate termination is also possible, especially for dangerous infractions. The Company strives to be fair and corrective, but “just cause” per se and multiple corrective opportunities are not needed for termination. The disciplinary policy does not alter in any way the at-will status of employment. BTG GG Receipt of Employee Handbook I have received BT Green’s Employee Handbook. I understand that management may change it and that it is my responsibility to stay current with the provisions. I understand that I am an at-will employee and that no company communication shall change that status. The company may terminate me without reason at any time, and I can terminate my employment at any time. I understand that only the CEO has authority to change the employment-at-will status. Such a change must be in writing and officially signed by the company. ____Terell Banks_____________________ Employee’s Name in Print ____ Terell Banks___________ Employee’s Signature _____3/6/17__________________ Date Signed by Employee TO BE PLACED IN EMPLOYEE’S PERSONNEL FILE BTG GG Receipt of Harassment and Safety Policies I have read and I understand the Company’s Harassment Policy and Workplace Safety Policy. _____Terell Banks_______________________________ Employee’s Name in Print ____ Terell Banks_____________________ Signature of Employee _____3/6/17__________________ Date Signed by Employee TO BE PLACED IN EMPLOYEE’S PERSONNEL FILE BTG GG BT Green Lifecycle Status Report – Summary Level Employee Name: Terell Banks Job Title: Technical Representative Department: Operations/Technical Development Supervisor: Susan Miller New Hire I-9 Verification Start Date 2/27/17 2/27/17 Orientation SH Complete Training Complete 3/6/17 3/6/17 WV Training Complete 3/6/17 Employee Handbook & Policy Sign-off forms Complete 3/6/17 Compensation forms Complete 3/2/17 Probation Complete 5/31/17 Performance Management (after probation period) Review Due: 11/30/17 Review Review Review Review Review Training and Development (after probation period) Annual SH Training Annual WV Training Annual Professional Development: Additional Tech Certification Training: 6/30/17 Additional Training: Additional Training: Termination: ____ Voluntary | ___X__ Involuntary: __X___ Business _____ Performance _____ Other Notice Given Exit Interview 7/21/17 8/4/17 Compensation Close-out Severance Package 8/7/17 No Computer Account/ Phone Disabled 8/8/17 Co. Property Returned Last Work/ Termination Day 8/4/17 8/4/17 RecommendAtion/Verification Restrictions Standard Eligible for Rehire Yes Record Closed BTG GG BT Green Lifecycle Status Report – Summary Level Employee Name: Toni Silverman Job Title: Technical Representative Department: Operations/Technical Development Supervisor: Susan Miller New Hire I-9 Verification Start Date 2/25/17 2/25/17 Orientation SH Complete Training Complete 3/6/17 3/6/17 WV Training Complete 3/6/17 Employee Handbook & Policy Sign-off forms Complete 3/6/17 Compensation forms Complete 3/2/16 Probation Complete 5/30/17 Performance Management (after probation period) Review Due: 11/30/17 Review Review Review Review Review Training and Development (after probation period) Annual SH Training Annual WV Training Annual Professional Development: Tech Certification 7/10/17 Additional Training: Additional Training: Additional Training: Termination: ____ Voluntary | _____ Involuntary: ____ Business _____ Performance _____ Other Notice Exit Given Interview Compensation Close-out Severance Package Computer Account/ Phone Disabled Co. Property Returned Last Work/ Termination Day RecommendAtion/Verification Restrictions Eligible for Rehire Record Closed BTG GG BT Green Lifecycle Status Report – Summary Level Employee Name: Ron Middleton Job Title: Technical Representative Department: Operations/Technical Development Supervisor: Susan Miller New Hire I-9 Verification Start Date 2/28/17 2/27/17 Orientation SH Complete Training Complete 3/6/17 3/6/17 WV Training Complete 3/6/17 Employee Handbook & Policy Sign-off forms Complete 3/6/17 Compensation forms Complete 3/2/17 Probation Complete 5/31/17 Performance Management (after probation period) Review Due: 11/30/17 Review Review Review Review Review Training and Development (after probation period) Annual SH Training Annual WV Training Annual Professional Development: Tech Certification 8/15/17 Additional Training: Additional Training: Additional Training: Termination: ____ Voluntary | ____ Involuntary: _____ Business _____ Performance _____ Other Notice Exit Given Interview Compensation Close-out Severance Package Computer Account/ Phone Disabled Co. Property Returned Last Work/ Termination Day RecommendAtion/Verification Restrictions Eligible for Rehire Record Closed BTG GG Employee Record – Summary Level Employee Name: Terell Banks Job Details Employee ID Location Department Supervisor Position Business Title Employee Type Hire Date Length of Service in Current Position Length of Service in Organization Payroll Profile Bargaining Unit Union Dues Checkoff 17313 Headquarters Operations/Technical Development Sue Miller Technical Representative Technical Representative Full-time 2/27/17 Less than 1 year Less than 1 year Yes, see separate file. N/A N/A Contact Information Business phone Business address Home phone (private) Home address (private) Personal Information 555-111-2222 Headquarters 555-234-9999 609 Paxton Rd., Connor, NV Gender Race/Ethnicity Date of Birth Age Country of Birth Marital Status Citizenship Status Military Service ADA request M Black 050193 24 USA Single USA No No Family Relationship Cannot report to: N/A BTG GG Employee Record – Summary Level Employee Name: Toni Silverman Job Details Employee ID Location Department Supervisor Position Business Title Employee Type Hire Date Length of Service in Current Position Length of Service in Organization Payroll Profile Bargaining Unit Union Dues Checkoff 17311 Headquarters Operations/Technical Development Sue Miller Technical Representative Technical Representative Full-time 2/25/16 Less than 1 year Less than 1 year Yes, see separate file. N/A N/A Contact Information Business phone Business address Home phone (private) Home address (private) 555-111-2220 Headquarters 555-549-8888 12485 North Park Dr., Boston, NV Personal Information Gender Race/Ethnicity Date of Birth F White 091586 Age Country of Birth Marital Status Citizenship Status Military Service ADA request 31 USA Married USA No No Family Relationship Cannot report to: N/A BTG GG Employee Record – Summary Level Employee Name: Ron Middleton Job Details Employee ID Location Department Supervisor Position Business Title Employee Type Hire Date Length of Service in Current Position Length of Service in Organization Payroll Profile Bargaining Unit Union Dues Checkoff 17312 Headquarters Operations/Technical Development Sue Miller Technical Representative Technical Representative Full-time 2/27/16 Less than 1 year Less than 1 year Yes, see separate file. N/A N/A Contact Information Business phone Business address Home phone (private) Home address (private) Personal Information 555-111-2222 Headquarters 555-980-7777 525 DeKuning Lane., Gold, NV Gender Race/Ethnicity Date of Birth Age Country of Birth Marital Status Citizenship Status Military Service ADA request M White 031794 23 USA Single USA No No Family Relationship Cannot report to: Bradley Middleton (without special permission) BTG GG Diversity Report: Race and Gender – Summary Level (EEO-1 Categories: https://www.eeoc.gov/employers/eeo1survey/ee1_datafile_2013.cfm) Note: Initials in parentheses correspond to the names of the employees. EMPLOYEE LEVEL HISPANIC or LATINO WHITE BLACK or AFRICAN AMERICAN NATIVE HAWAIIAN or OTHER PACIFIC ISLANDER ASIAN AMERICAN INDIAN or ALASKAN NATIVE TWO or MORE RACES OTHER TOTAL MALE EXECUTIVE/SENIOR LEVEL OFFICIALS AND MANAGERS 1 (BM) 1 FIRST/MID-LEVEL OFFICIALS AND MANAGERS 3 (PM, LS, KR) 3 1 (BW) PROFESSIONALS TECHNICIANS SALES WORKERS ADMINISTRATIVE SUPPORT WORKERS CRAFT WORKERS OPERATIVES 2 (GB, RM) 1 (TC) 1 (TB) 1 3 1 LABORERS AND HELPERS SERVICE WORKERS TOTAL MALE 7 1 1 9 Female EXECUTIVE/SENIOR LEVEL OFFICIALS AND MANAGERS FIRST/MID-LEVEL OFFICIALS AND MANAGERS 1 (SM) 1 1 (TS) 1 PROFESSIONALS TECHNICIANS SALES WORKERS ADMINISTRATIVE SUPPORT WORKERS CRAFT WORKERS OPERATIVES LABORERS AND HELPERS SERVICE WORKERS 1 (AT) 1 TOTAL FEMALE 2 1 TOTAL EMPLOYEES 9 2 3 1 12 BTG GG New-Hire Interview - Summary Applicant: Terell Banks Position: Technical Representative, Operations/Technical Development Interview Date: 2/20/17 Interview Method/Location: Face-to-face, Headquarters Rating: __X___ Recommend for Hire _____ Consider in future _____ Do not hire Comments: --Informed him of at-will status --Explained job is to help with possible government contract --Explained that technical certification is needed within 6 months, that company will pay 80% of fee Attending: Name Susan Miller Title Manager, Operations/Technical Development Signature Date 2/20/17 BTG GG Exit Interview - Summary Employee: Terell Banks Position: Technical Representative, Operations/Technical Development Termination Type: ____ Voluntary | ____ Involuntary: __X__ Business ____ Performance ____ Other Interview Date: 8/4/17 Interview Method/Location: Face-to-face, headquarters Discussed: _N/A_ No Compete Agreement Provisions _√___ Confidentiality _√___ Employment Verification/Recommendation Policy _√___ Employee Satisfaction Questionnaire __x__ Follow-up items: None Comments: Final paycheck was given to him in person. I-9 Status change notification was not needed. Attending: Name K. Reeder Title Manager, HR/Administration Signature End of Packet Date 8/4/17
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Explanation & Answer

Attached.

Running head: BT GREEN CASE

1

BT Green Case
Institution Affiliation
Date

BT GREEN CASE

2
Memo

To: CEO BT Green
From: Your name
Date: 21st Feb 2019
Subject: Legal Risks Facing the Company over the Firing of Terrel Banks
Following the termination of Bank's employment, Mr. Banks claimed that the terms of his
termination were suspicious as he felt he had been terminated based on his race. Of the three
employees that were in the position, one needed to get released for business purposes of the
organization. However, the act of laying off the only black individual among the three draws
some legal attention to the claims of Banks. Of the three individuals, one was a woman, and the
other two were men. Of these two men, one was white, and Banks was the black individual,
following his termi...


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