Worker Reduction

FastServe has a tough decision to make. The five employees on the list train their own sets of good and bad razes. Termination of an employment necessarily to be handled with parcel out to avoid facing three hollow suits. Being a direct merchandise organization, what the friendship needs are people who have the skills that are doful in its kind of business. Since the association is closing cumulation its online marketing and distribution channels, it does non need people whose skills are limited on those areas. It needs to declare people who can make positive contributions to its main business.The first consideration that FastServe must take lineage of is how that employee will contribute to the direct marketing business. In line with this, FastServe takes productivity into serious consideration. Next, the troupe must to a fault take into account other things like compliance with the attach tos policy on attendance, study performance, productivity, and work redundancy . Another important thing to consider is the employees work status, whether they are full-time, cartelual, or under a sedulousness bargaining agreement. This is a very(prenominal) important consideration to avoid ab expend of the Employment At get out doctrine.Finally, the confederacy must take into account the different anti- discrimination in the workplace laws . Each person on the list could charge up for discrimination when terminated because severally ace of them falls under the protected minority. to begin with FastServe will have to choose the final three people for termination, the company must talk to each star of them and give them time to defend themselves or improve on weak areas. Even if the layoff is not on a large scale basis and would not violate the WARN Act, or the role player Adjustment and Retraining Notification Act, it still would be humane and pr counterbalanceting legal actions if the company would do this act.Carl Haimes curb Of all the employee s on the list, Carl Haimes has the best record. His boilers suit track record performance is above average, the highest and only one in the group. In terms of productivity, he also scored above the median, which is what the company would like to see among its employees. In terms of education, Haimes has a degree in Information Systems, a skill that is useful in marketing. He is also a qualified systems analyst, an important asset to a marketing company that needs to have marketing systems in place.Haimes calculator maintenance skills and LAN installation skills for three platforms will come practised for the maintenance of the companys databases and electronic marketing portfolio. Haimes will also be useful when the company will be automating its systems. Strictly from skills and qualifications, Haimes is a clear candidate for retention. To improve Haimes chances for retention, no one has made any electric charge on his behavior or work ethics. Moreover, the company has no probl em with his attendance, the only one in the group.Haimes contract need not be an issue since the company would be retaining him. Haimes is gay and his sexual orientation could become a problem in conservative and traditional companies. Fortunately, FastServe, being a marketer, could not give in to be intolerant to diversity in the workplace. Diversity is what it needs to survive in a super competitive environment. Retaining Haimes would benefit the company because of his skills, qualifications and adherence to company policies. Lastly, Haimes cant be terminated because there is nothing that the company would learn undesirable in his performance.Besides, Haimes could file for sexual discrimination if he gets terminated knowing that among the five, he is the most qualified and the best performer. Brian Carter Terminate In Brian Carters case, the company must be very awake that it wont be sued with violation against the Disability Act of 1995 since this employee has a carpal tunn el syndrome. Should Brian passed the medical tests, then, FastServe cannot terminate him because of this problem. Brian cannot impact with his employment with FastServe for various reasons even if he does not suffer from a wrist problem.First, Brians skills are highly specialized and limited to programming, which is very useful in the online distribution channels but not on direct marketing. Brian, being a techie guy, is unlikely to fit in a direct marketing kind of work even if he had a chance to train for marketing-related functions. He is a computer kind of guy and would feel more comfortable facing a workstation instead of facing people. Besides, Brian wont find it difficult to find new employment since his skills are highly sought after in todays environment.The company can terminate him at will because his expertise is not needed anymore. Second, Brian has a staggering 17 days absences in a cardinal-month period, the highest among the five of them, and a fact that made his s upervisor dislike him. He could have improved on his performance and productivity if Brian werent absent for that many days. Terminating Brian would benefit the company because he will become an underperforming asset should his employment with the company continue. Sarah Boyd Retain Sarah Boyd is the second employee that FastServe should retain.Shes with the company for 15 days and her status is full time. But her retention are not simply based on those two factors. Of the three remaining persons on the list, Sarah has the lowest number of days absent in a two-month period. Her overall track performance is average while her productivity is median. Sarah is capable of managing and administering an office, skills that are useful in a marketing company. Also, shes the only person who knows office procedure better than anyone else. Her prioritizing and sorting skills could become redundant when the company will automate its processes.However, it would take time for the automation to b e implemented. While waiting for that time, Sarah could continue doing her commerce and she could be taught other skills. Besides, Sarah is 53 years old and protected under the Age Discrimination in Employment Act of 1967. So long as Sarah is able and capable of doing her tasks, the company cant make her take out against her will. However, should the company find the need to replace Sarah when she reaches 55 years old, FastServe could offer her an early retirement bundle that is attractive, fair and equitable.Nora Manson Terminate Nora Mansons overall performance is above average but her productivity is below median. The company is currently focused on high productivity from their employees and Nora falls short of that goal. There is also the doubtfulness of Noras absenteeism that has already accumulated into two months. This is very high and would raise questions on her job loyalty. Another point against Nora is on her loyalty to FastServe. She has been directing employees to file discrimination complaints against the company she works for.Noras participation in discrimination charges against FastServe is protected by Title VII of the Civil Rights Act of 1964. These acts may be in unity to her personal values and are protected by law but these do not denominate loyalty to FastServe. Being an advocate of fair treatment need not mean going to the labor court right away. Nora could have acted as intermediary to prevent labor suits. On the positive side, Nora has rescued two big accounts and is skilled in handling irate and upset callers. Shes also skilled in other aspects of making sales.Despite her positive contributions, Nora is too radical to become an asset to the company. While the company cannot take it against her to be watchful of discrimination, her work shouldnt have been affected by all of her non-work related activities. Her activities with her tie could have been the reason why Noras productivity is low. FastServe should end Noras employment so long as her contract allows the company to do that. If the employment is for a definite period of time, then the company can use her performance, productivity and absenteeism problems as the ground for her termination.However, the company should be prepared to handle discrimination complaints that Nora may file against it considering that she is an African-American and is an active member of NAACP. Jenny Mills Terminate Jenny Mills should also be terminated. Although the law prohibits termination of women because of pregnancy, the company wont be ending Jennys employment because of that. She is on contract and her attendance is very bad. She is also taking extra breaks that are not supposedly allowed and this make male employees complain. Jenny cannot use as an excuse her pregnancy for the 14 days of absence in a period of one month.Pregnancies are mostly difficult in the first two months and once a woman is already beyond that, her condition would be better. Jenny is already f ive months pregnant and there are no indications that it is a difficult pregnancy. Although she holds a degree in public relations, she has no special achievements. Her skills are also limited to answering queries from customers and troubleshooting common instruments problems. These skills can easily be taught to other persons. The company can even delegate these tasks to Sarah Boyd so that when it is time to automate, Sarah would be useful in other areas.