Now, the employee is heading towards litigation. Jim has a legitimate claim against Bandag Automotive because he was dismissed unjustified by the company since Henry’s last performance appraisal stated that he did a well job performance. First of all, the store manager should have communicated better with Henry, and listened to the employee concerns about working conditions. Second, Henry was possibly a victim of social bullying that includes spreading of rumors. High performer can generate envy in others, so rumors are created. (Desseler, p.454). Bandag should rehire Henry and make a test of Cognitive Abilities, this type of test is to ensure general reasoning and mental abilities. In addition, the company should build team cohesion and trust between employees, teambuilding can be created with training and workshops. Create employee engagement for managers and employees and encourage manager to listen to the employees opinions. All of this will create a healthy communication environment in the …show more content…
After Miriam returned to work in the company, she wanted to accommodate her schedule in order to work few hours less and work from home one day. Later, Jim fired Miriam, and now Miriam believes that she is being discriminated because her pregnancy. EEOC is an agency that enforces federal employee discrimination laws. EEOC and the court will agree with Miriam that Bandag committed a wrongful discharge by firing Miriam without any reasonable reasons. Jim claims that has nothing to do with Miriam’s pregnancy. If Bandag does not allow employees to work from home, it was Jim responsibility to talk to Miriam about working polices; however, it was not a reason to fire Miriam. There is always accommodations that can be done, understanding employee’s needs is very important for employee retention. Under the Pregnancy Discrimination Act of 1978 it prohibits using pregnancy, childbirth to discriminate in hiring, promotion, suspension, discharge, or any term or condition of employment. (Dessler, 2016). One of the requirements to be cover by the FMLA is to have worked for the company for a period of 12 months, and Miriam has worked 6 years with the company. Jim should hire Miriam again, and create a flexible schedule for her and other workers that might need it; for example, to let the employees work more hours per day from Monday to Thursday and then, Fridays off, or the use of telecommunication to work one day from home.