Motivation and Discipline in HR: Analyzing Contracts and Termination

1 Motivation and Discipline Analysis Sherri Clevenger Franklin University HRM 402-H1WW Professor Diane Guglielmi April 16, 2023

2 Motivation and Discipline Analysis Did Wayne have an employment contract, either oral or written, with EcoCare? Why or why not? Arthur Wayne felt that after his interview with Sara Bell that he had a contract with EcoCare that was partly oral and partly written. Wayne specifically asked about job security during his pre-employment interview with Bell and was told that as long as he did his job, he would remain with the company until he reached retirement. This was not a guarantee that Wayne would remain with the company until retirement. Wayne was provided a copy of the Supervisory Manual but was not asked to sign stating that he received the Supervisory Manual. Bell did say that she had told Wayne in the interview as long as his performance was satisfactory. What problem, if any, do you see with EcoCare’s pre-employment process? EcoCare did follow its due diligence by performing several pre-employment interviews, a psychological test, and admirable references from previous employers before offering Wayne the assistant to the company treasurer position. Bell had told Wayne in his interview that as long as he did his job, he could remain with the company until he reached retirement age and that once he was an employee of EcoCare, he would not have to look for another job because she had never seen an employee of EcoCare to be terminated. When interviewing someone for a position, you should never give them insight information about never seeing an employee terminated since you have worked there. As a human resource manager, you should be careful what you say in an interview.

3 Can an employer’s written human resource policies ever be construed as a contract between an employer and an employee? A written human resource policy (employee handbook) can be construed as a contract between an employer and an employee. Representations made by employers in an employee handbook are being upheld by the court system in several states. The handbook can be construed as a binding and implied contract with an employee. An employer should implement a disclaimer in the handbook that it is not a binding contract between the employer and the employee for employment. Was Wayne terminated for just cause? Why or why not? Wayne was terminated for just cause. There had been several employees that had made complaints to him, to Bell, and to Findlay. Nothing had been done about the complaints. When Wayne went to Bell’s office for the meeting, he became belligerent and could not explain why there had been so many complaints about the odometer readings. Wayne also had personality conflicts with other employees of EcoCare. In Section V (7) Dishonesty, falsification, of an employee’s own or other employee’s timecards, company records, employment applications, etc. is grounds for immediate termination. How can companies protect themselves against a claim of wrongful discharge? Training supervisors keywords that they should not say or promise during an interview with a prospective candidate. Each employer should have consistent documentation of employees’ performance when it comes to terminating them.

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4 References: Nkomo, S. M., Fottler, M. D., & McAfee, R. B. (2011). Human Resource Management Applications. pp. 50-53.

HRM 402 3-3 Motivation and Discipline Analysis

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