The Broken Employment Contract Case Study 

The Broken Employment Contract Case Study

Order ID	53563633773
Type	Essay
Writer Level	Masters
Style	APA
Sources/References	4
Perfect Number of Pages to Order	5-10 Pages

Description/Paper Instructions

The Broken Employment Contract Case Study

Case Study “The Broken Employment Contract”

Read Case #15 on pp. 50-53 “The Broken Employment Contract” and write a paper answering questions 1 through 5.

Write between 750 – 1,000 words using Microsoft Word in APA format (only the body of the paper counts towards the word requirement)

Use font size 12 and 1” margins.

Include cover page and reference page.

At least 80% of your paper must be original content/writing.

No more than 20% of your content/information may come from references.

Use at least three references from outside the course material, two references must be from EBSCOhost.

Cite all reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) in the paper and list on a reference page in APA style

Case 15. The Broken Employment Contract?

Arthur Wayne was shocked as he walked out of Sara Bell’s office. It was hard for him to understand what had just transpired. Bell, treasurer of EcoCare, a large health insurance company located in Michigan, had just told Wayne of the decision to terminate his employment and had requested his immediate resignation in return for a severance pay arrangement whereby he would continue to receive his salary for six months or until he found other employment. As he looked at the date on his watch calendar, May 7, Wayne realized that he had been hired exactly five years ago by Bell. Bell had told Wayne that EcoCare was not satisfied with his administration of the company car program and that, given the number of complaints about the program from other employees, it was in the best interest of the company to ask for his immediate resignation. Wayne, assistant to the treasurer, had been in charge of the program for the past year. During a meeting the day before with both Bell and the vice president of operations, George Findlay, he had been unable to explain why there were so many complaints about the program. One such complaint had involved the claim that someone had set back the odometers on several company cars while the vehicles were under Wayne’s control.

After his termination, Wayne requested that the decision to ask for his resignation be reviewed by the company president and the chairperson of the board of trustees of EcoCare. Wayne felt that he had been wrongfully discharged and had been under the impression that he had a contract for continued employment as long as his performance was satisfactory. He further maintained that his supervisor had not properly followed the termination policies and procedures of EcoCare.

In preparation for the review, the president asked the director of human resources, Chris Miller, to investigate the facts of the situation and the events leading up to Wayne’s termination.

Human Resource Department’s Investigation

In order to prepare its report for the president, the human resource department decided not only to reviewWayne’s personnel file but also to interview Wayne, Bell, and others involved in the case. Two weeks later, Miller prepared the following summary of what had been learned.

After seven years with a local bank in Michigan, Arthur Wayne sought the assistance of an employment agency to obtain a job that would give him more opportunities for advancement. Wayne had graduated with a degree in Business Administration and had completed 15 hours toward his MBA in Finance. The employment agency referred him to our company. After several pre-employment interviews and a psychological test, Wayne was hired as an assistant to the company treasurer, Sara Bell. His duties primarily consisted of analyzing and preparing certain financial reports under the direction of Bell. Wayne came to us with excellent work experience and admirable references from his previous employers.

According to Wayne, he felt at the time of his employment that he had a contract with EcoCare that was partly oral (Bell’s statements during the job interview) and partly written. Wayne told us that during his pre-employment interview with Bell, he had specifically asked about job security and was told that as long as he did his job, he could remain with the company until he reached retirement age. He further indicated that he had been told by Bell that if he came to EcoCare, he would not have to look for another job because she knew of no one ever being discharged. Wayne also told us that a copy of the Supervisory Manual was handed to him during his interview with Bell. He said he specifically recalled reading through the sections of the manual that pertained to discipline and termination procedures at that time (see the Appendix for relevant sections).

At the end of that interview Bell made Wayne a job offers, which he accepted. The Manual is given to all management employees as an aid in supervising persons in their charge and not as a declarative of the contract terms of an employee’s hire. Our personnel policy has always been to discharge for just cause only, pursuant to the procedures described in the manual. These procedures apply to all EcoCare employees who have completed their probationary period.

During his five years as assistant to the treasurer, Wayne received above average performance ratings. Last year, he was given the responsibility of administering the company car program. In April of this year, employees began complaining to Bell and Findlay about Wayne’s handling of the program. Wayne indicated that he’d had only a brief conversation with Bell about these complaints before the meeting of May 6.

We also spoke with Bell and Findlay about Wayne’s employment and subsequent termination. According to Bell, she did tell Wayne during the interview that he would have a job as long as his performance was satisfactory. Bell told us that she made that statement based on her understanding of our company’s policies and did not intend her statement as a promise of a permanent job.

Bell and Findlay report that Wayne was fired because of continued personality conflicts with other employees. They report that he was unable to work with other employees and that this was an important job requirement for anyone managing the company car program. After receiving numerous complaints about Wayne’s handling of the program, they finally requested from him various reports and documents concerning the odometer discrepancies. Ultimately, they called a meeting with Wayne in an attempt to resolve the problems. During the May 6 meeting, Wayne was reported to have been defensive and insubordinate and unable to provide any satisfactory answers to their questions. At the conclusion of the meeting, they both felt that it would be in the best interest of the company if Wayne were asked to resign. Bell called Wayne into her office the next day and asked for his resignation.

Appendix

excerpts from supervisory manual

Section IV. Disciplinary Procedures

(Note: If the unacceptable behavior is repeated between six months and one year, the last disciplinary action will be applied. If the behavior is repeated after one year, it will be treated as a new occurrence for disciplinary purposes.)

All discipline shall be administered in a fair, consistent, and reasonable manner within EcoCare.

Whenever the work performance or personal behavior of an employee is below department standards, a series of progressive, corrective steps will be taken. Before any of these steps are undertaken, however, the employee shall be counseled about his or her performance discrepancy, what he or she must do to improve the performance, and the action the supervisor will take if the performance is not corrected.

Within our discipline system, discipline will be given only for cause. Furthermore, the disciplinary action should fit the problem it is intended to correct.

All disciplinary action should be duly documented and reported by the supervisor on Form 29B. The form also requires the employee’s signature.

The following series of steps shall be followed in administering discipline within EcoCare:

Oral Warning: Supervisor should discuss the unacceptable behavior with the employee and document such by completing Section A of Form 29B and obtaining the employee’s signature.

Written Warning: A written warning should be issued if the unacceptable behavior continues. The supervisor completes Section B of Form 29B and gives the employee the blue copy. The human resource department receives the canary copy.

Suspension: If the employee’s behavior continues uncorrected, the employee shall be suspended for a given time without pay. Normally, suspension should not exceed five working days. Supervisors should consult with their immediate supervisor and the human resource department before implementing this action. The supervisor shall complete Section C of Form 29B and also include the date the employee should return to work.

Discharge: If the employee’s behavior is not corrected, the employee shall be terminated. Due to the serious nature of termination, it is recommended that the supervisor review the case with both his or her immediate supervisor and the human resource department before discharging the employee. Examples of reasons for termination without prior corrective discipline are covered in Section V. Note, however, that in such cases the employee should first be suspended according to the following procedures:

Suspension Pending Discharge: (This paragraph applies to all proposed discharges except those which are a result of application of the normal disciplinary procedures.)

When an employee’s misconduct warrants immediate discharge under Section V, the employee should be first suspended without pay.

At the time of suspension, the employee should be informed by the supervisor to leave the premises and that he or she will be notified if and when he or she is to return to work.

The supervisor should document the suspension by completing an Employee Discipline Report. The supervisor should consult with the Human Resource Department to determine the appropriate course of action.

Section V. Termination

(Reasons for Immediate Termination.)

Misconduct, such as fighting, gambling, or use of profane or abusive language toward others.

Furnishing proprietary company information to unauthorized agents or persons.

Refusal to obey direct orders from the immediate supervisor (insubordination).

Willful damage of company property.

Failure to notify supervisor or manager during three successive working days of absence.

Engaging in a business likely to conflict with the business of the company without prior permission.

Dishonesty, falsification of employee’s own or other employee’s time cards, company records, employment application, etc.

Illegal use or possession of alcohol, drugs, etc.

Reporting to work or engaging in company business under the influence of alcohol or drugs.

 

RUBRIC QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points:  Student failed to submit the final paper. 20 points out of 50:  The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50:  The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately.  Elements of the required response may also be lacking. 40 points out of 50:  The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples.  The answer is complete. 50 points:  The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples.  No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points:  Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points:  Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points:  References to scholarly sources are occasionally given; many statements seem unsubstantiated.  Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points:  Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented.  APA 6th Edition is used with only a few minor errors.  There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points:  Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented.  APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points:  Student failed to submit the final paper. 5 points out of 20:  The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors  10 points out 20:  The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20:  The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points:  The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points:  Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements.  The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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