Module 5 Reinforcement ActivityLitigation Process

An HR manager gets a voice mail from a supervisor, alerting HR that she has fired an employee who arrived for a shift 30 minutes late after being warned about tardiness. The supervisor fired the employee immediately because he began to use abusive language and threatened the supervisor physically. HR is familiar with the employee because he complained of discriminatory treatment when he received the first written warning about tardiness.

Module 5, Activity 1, Slide 1© SHRM

Module 5 Reinforcement ActivityLitigation Process

The HR manager ponders his options. Should he: Go immediately to the work area and gather information

from employees there while their memories are fresh? Hope for the best and see if the employee files a

complaint. Call the organization’s attorney immediately. Begin searching through disciplinary records in this work

area to see if there is merit to the claim.

What would you do? Why?

Module 5, Activity 1, Slide 2© SHRM

Module 5 Reinforcement ActivityLitigation Process

Go immediately to the work area and gather information from employees there while their memories are fresh?Notes from these interviews will be subject to discovery if a complaint is filed.

Hope for the best and see if the employee files a complaint.What is the likelihood of an action, and what are the possible costs of defending the organization and possibly having to provide back pay?

Call the organization’s attorney immediately.What is the cost of attorney advice compared to costs of being unprepared for litigation?

Begin searching through disciplinary records in this work area to see if there is merit to the claim.What happens if the manager does uncover evidence of disciplinary inconsistency or supervisor bias during this research process?

Module 5, Activity 1, Slide 3© SHRM

Is the item subject to a litigation hold request? Yes No

Outdated employee handbooks

Module 5 Reinforcement ActivityLitigation Process

Module 5, Activity 1, Slide 4© SHRM

Is the item subject to a litigation hold request? Yes No

Outdated employee handbooks Voice messages

Module 5 Reinforcement ActivityLitigation Process

Module 5, Activity 1, Slide 5© SHRM

Is the item subject to a litigation hold request? Yes No

Outdated employee handbooks Voice messages Work-related mail on a personal e-mail account

Module 5 Reinforcement ActivityLitigation Process

Module 5, Activity 1, Slide 6© SHRM

Is the item subject to a litigation hold request? Yes No

Outdated employee handbooks Voice messages Work-related mail on a personal e-mail account Scratch notes from a meeting

Module 5 Reinforcement ActivityLitigation Process

Module 5, Activity 1, Slide 7© SHRM

Is the item subject to a litigation hold request? Yes No

Outdated employee handbooks Voice messages Work-related mail on a personal e-mail account Scratch notes from a meeting Outdated Web pages

Module 5 Reinforcement ActivityLitigation Process

Module 5, Activity 1, Slide 8© SHRM

Is the item subject to a litigation hold request? Yes No

Outdated employee handbooks Voice messages Work-related mail on a personal e-mail account Scratch notes from a meeting Outdated Web pages

Module 5 Reinforcement ActivityLitigation Process

Module 5, Activity 1, Slide 9© SHRM

The organization’s attorney has cleared the HR manager to interview witnesses to the blow up between the supervisor and the employee who has filed the complaint.

What qualities should the person or persons chosen for this task possess?

Module 5 Reinforcement ActivityLitigation Process

Module 5, Activity 1, Slide 10© SHRM

Module 5 Reinforcement ActivityLitigation Process

• Unassailable impartiality• Objectivity• Excellent questioning skills (able to persuade

interviewees to feel comfortable so that they answer freely and fully)

• Ability to listen closely and critically (able to use follow-up questions to obtain additional information, resolve inconsistencies in statements, or expose contradictions)

• Good note taker

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Module 5 Reinforcement ActivityCollective Bargaining Agreements

Topic Mandatory Permissive Illegal

Overtime

Neutrality agreements

Discharges

Closed shops

Layoff and recall

Transfer

Retiree benefits

Holidays

Module 5, Activity 2, Slide 12© SHRM

Module 5 Reinforcement ActivityCollective Bargaining Agreements

Topic Mandatory Permissive Illegal

Overtime Neutrality agreements Discharges Closed shops Layoff and recall Transfer Retiree benefits Holidays

Module 5, Activity 2, Slide 13© SHRM