Legal Issues in Reduction of Workforce

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Legal Issues in Reduction of Workforce
Mary A. Cornwell
University of Phoenix
MBA560
Enterprise Risk
Professor Boni Cherelle
November 3, 2008

The FastServe Inc is successful entrepreneurial endeavor that is poised for change. The management team must make changes to the organizational structure to bring about positive change that will enable the company’s continued growth. This paper will explore the changing state of business at FastServe Inc and the external forces will affect the enterprise.

In a table, identify, for each of the five candidates for dismissal, the key concepts of employment law that would affect his or her employment status. Be sure to cite the text as appropriate.

| | |The Reduction in Workforce | | | | | |List | | | |Carl Haimes |Brian Carter |Sarah Boyd |Nora Manson |Jenny Mills | |  Mr. Haimes is a good |Mr. Carter should be |Ms. Boyd’s layoff is |Ms. Manson is an able |Ms. Mills’s skills are | |employee with good skills as|furloughed as his skills are|inevitable as the direction |negotiator. Her |non-critical to the | |a systems analyst. He is |now redundant. Since he has |of the company has changed. |communication skills are |company’s future growth. | |gay, and has been harassed |been a valued employee in |She has been a loyal |very important to the |With the organizational | |by his supervisor. Because |the past, he should be |employee for many years and |company. Even though she |change taking place her | |of his transferrable skills |offered outplacement |a generous separation |does not have a college |services are no longer | |he is not subject to a |assistance. |package should be offered to|degree she is an asset. |needed a layoff is | |layoff. He, however, should | |her. She could fight them on|She should be urged to |warranted. | |pursue his rights as he has | |Age Discrimination as she is|complete her education | | |been receiving disparate | |over 40. But to mitigate |possibly with employer | | |treatment from this | |that risk a generous |assistance. Had she been | | |supervisor and is protected | |severance package has been |selected for termination she| | |under the Civil Rights Act | |offered. |could have filed suit under | | |of 1964. | | |the Civil Rights Act of | | | | | |1964, which bars | | | | | |discrimination based on | | | | | |race, color, creed or | | | | | |national origin. | |

Explain whether there are any extenuating regulatory circumstances (e.g., exceptions to employment at will, or a collective bargaining agreement) that would...
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