Case Study Of Barrera Recycling

Improved Essays
COLLAPSE Just cause is defined by Budd (2016) as "mean that there must be valid, job-related reasons for being disciplined or fired" (Busch, P. 325). Gomez has just causing when firing Erin McNamara since she violated so many contract provisions with many proper warnings, proper paperwork filed, and proper communications of said infractions. After reviewing the contract provisions, Erin violated a total of 6 clauses, multiple times throughout her time period after being transferred from the long beach location. Barrera recycling provided all the necessary items to be productive and safe when working, and even though the gloves provided were considered bulky and not user friendly, it was never brought to a supervisors attention to procure gloves that …show more content…
Even though the sign in the break room was written in Spanish and Erin did not speak Spanish, the provisions in her contract were in English and she could have had someone translate the Spanish for her. Being an employee for 20 years, there should have been no doubt that Erin knew the rules and procedures of Barrera recycling, and therefor should not have been violating them deliberately. Once Erin received her final warning, she should have made the conscious effort to properly wear the gloves that were provided to her, and if she did not like them, then report it to a supervisor to order the proper gloves. It was also uncalled for that Erin would fall asleep through the safety meetings and there is a specific provision that prohibits sleeping on duty. All of these reasons are valid to create a Just cause for firing Erin from Barrera

Related Documents

  • Superior Essays

    Basically, what this asks is was the employee given any knowledge that doing this action was forbidden? This could be mentioned in the employee handbook or in some form of writing. In this case, Charlene was not given a forewarning of her action. After the incident occurred, she was just told that the company was not happy with her. The second question that should be considered is was the company’s rule reasonably related to the 1)efficient and safe operation of the organization’s business and 2) the performance that the company expects of the employee?…

    • 1827 Words
    • 8 Pages
    Superior Essays
  • Improved Essays

    Essay On Dbq Fire

    • 446 Words
    • 2 Pages

    The fact of the matter is that the working environment should have been maintained strictly. The workers were dealing with cotton fabric, which is very flammable, meaning that the supervisors should have made sure that any scrapped material should have been thrown away outside of the building, especially if there are any open flames in the work area. The building was not prepared for the event that took place and neither were those directly involved. The lack of a safety code was a major benefactor as to why the fire was so devastating to the victims. Another crucial piece to this event was the lack of an escape plan.…

    • 446 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Macy Chavez Case Study

    • 257 Words
    • 2 Pages

    In 1988, after giving birth to her first child, she started experiencing headaches which exasperated to migraine headaches which she sought treatment for with various positions. According to the insured, each one of the physicians diagnosed her with severe migraines. After She Gained Employment with the Chap Care medical offices as a Front Office Receptionist, she alleged that her Supervisor, Macy Chavez has made her feel uncomfortable and insecure about her position with the company by making believe that her job was on the line. She felt an overwhelming sense of anxiety coupled with a sense of hopelessness with her Supervisor with always telling her as well as other employees “in the front office that quote “they were replaceable” if they…

    • 257 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    Ross Dress for Less has had a lawsuit filed against them for wrongful termination of an employee. This employee had worked at Ross Dress for Less for almost 6 years. In the lawsuit, this employee claimed that she was harassed very badly. The employee who filed the lawsuit against Ross Dress for Less states, “I was harassed so severly by District Manager - Annmarie Lombardi and Zone Director, Hank Rogalski that I was hospitalized on August 18, 2009 with shortness of breath and severe chest pains. My health was being affected by all the stress and berating that I was being subjected to.…

    • 280 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Care Homes Inc

    • 1172 Words
    • 5 Pages

    " Nosal-Tabor also alleged that she made a formal complaint to a Sharp compliance hotline in October 2011, and that she was "written up the following week." In addition, Nosal-Tabor alleged that in February 2012, she was given a poor performance review and was suspended without pay for several days in retaliation for her complaints. NosalTabor further alleged that in April 2012, Sharp terminated her employment after she refused to perform "an unsafe cardiac test. " In a claim for wrongful termination in violation of public policy, Nosal-Tabor claimed that Sharp's termination of her employment violated the public policies 5 embodied in Health and Safety Code section 1278.5, former Labor Code section 1102.5,2 Business and Professions Code section 2725, and California Code of Regulations, title 16, sections 1379 and 1470 through 1474.3 Nosal-Tabor also brought a direct claim for a violation of Labor Code section 1102.5, in which…

    • 1172 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    An employer's job is to make sure all of their employees are protected and to provide a safe work environment. Janet's employer could have made reasonable accommodations to avoid environmental triggers of seizures such as installing anti-glare filters, reducing the brightness, or a training on how to handle someone who has seizures. Janet's collogues started to avoid her out of fear and lack of their knowledge of epilepsy. The employer should have conducted a training program or send out information on how to take care of someone who is suffering from medical conditions such as seizures right in front of them, without violating Janet's privacy. The lack of sensitivity training towards coworkers lead to the physician who is knowledgeable of epilepsy, to ask the administration to fire her.…

    • 1509 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Does OSHA Raise Penalties

    • 760 Words
    • 4 Pages

    How Does OSHA Raise Penalties 82% and We Don’t Notice? The two year Budget Agreement that president Obama signed in November 2 under closed doors, surprisingly included provisions that authorized Occupational Safety & Health Administration raised the penalties by as much as 50% to a new historic high level of 82%. This was the first time the penalty was being raised since Bush senior’s tenure in office, 15 years ago. In spite of the increase, Statistics indicate that OSHA fines are still relatively low compared to those charged by regulatory agencies like EPA.…

    • 760 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    So Doug fired Laura violated SOX 806 and will be punishable by fine or imprisonment up to 10 years under SOX 1107. 10. Certifying the financial reports a. Fact: Doug and Sam file statements certifying the accompanying financial reports and management report when filing the SEC Form 10K. b. Issue: Did Doug and Sam violate Sarbanes-Oxley Act? c. Answer:…

    • 866 Words
    • 4 Pages
    Great Essays
  • Decent Essays

    To avoid any confusion as per the Fair Work Act 2009 (Cth) section 117 serious misconduct includes when an employee: 1) causes serious and imminent risk to the health and safety of another person or to the reputation or profits of their employer’s business, or 2) deliberately behaves in a way that is inconsistent with continuing their employment. Examples of serious misconduct include theft, fraud, assault, or refusing to carry out a lawful and reasonable instruction that is part of the job. In order to assist you in improving your employment performance, I would like to meet with you to review your performance and provide feedback and assistance. The next meeting will be scheduled for on or around INSERT DATE.…

    • 200 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    Ecommerce In Arms Act Case

    • 1742 Words
    • 7 Pages

    . . ; (iv) an action for breach of contract or warranty in connection with the purchase of the product; (v) an action for death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the product, when used as intended or in a reasonably foreseeable manner, except that where the discharge of the product was caused by a volitional act that constituted a criminal offense, then such act shall be considered the sole proximate cause of any resulting death, personal injuries or property damage; or (vi) an action or proceeding commenced by the Attorney General to enforce the provisions of chapter 44 of Title 18 or chapter 53 of Title 26. [Will…

    • 1742 Words
    • 7 Pages
    Great Essays
  • Decent Essays

    Dismissal For Cause

    • 237 Words
    • 1 Pages

    Dismissal for cause can occur for any action that an employer considers being grave misconduct. This type of dismissal is not a favorable outcome and is caused due to the employee making severe error in actions or judgment in the workplace. This can occur without any advance notice. Examples that will cause this can include violation of the company code of conduct or ethics policy, violence or threatened violence, including threats or threatening behavior, Stealing company money or property, lying, falsifying records, and conviction for some crimes, or, watching pornography online. When a supervisor needs to make the decision to dismiss an employee, there are numerous factors that they need to consider prior to.…

    • 237 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Recycling is the process of making new products out of already used materials. A lot of Americans love the idea and believe that the benefits of recycling out way negatives of recycling. However, other Americans hate the idea of recycling and think that the money and time could be used in other ways. It is important to understand the advantages and disadvantages of continuing the recycling process. Americans need to decide if recycling is their way out of the waste management problem in the U.S. because as of 2007 the U.S. is the number one trash producing country in the world.…

    • 934 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Imperial Sugar Case Study

    • 2476 Words
    • 10 Pages

    The facility had been warned that they were operating with a highly combustible sugar dust and should have taken the appropriate measures to protect their employees, as required by the Occupational Safety and Health Act. However, the company did not listen the warnings and ultimately had the employees pay the ultimate price for their carelessness. The Vice President of Operations had even given warnings that the facility should be cleaned immediately and hazards should be eliminated.…

    • 2476 Words
    • 10 Pages
    Great Essays
  • Decent Essays

    After reading this case, I agree with the ruling. After returning back to work, the employees did not like change. The change will not help him or the employers around him. The best thing to do is to use the “Common Sense Principle” that most companies fail to use after threats. The society is being conscious about situations like this because of a lot of massive warned thought out attacks such as this case.…

    • 121 Words
    • 1 Pages
    Decent Essays
  • Superior Essays

    Recycling Water Case Study

    • 2652 Words
    • 11 Pages

    Recommendation For Recycling Water in Florida Prepared for: Tom Petty, Chairman Of The Board Department Of Environmental Regulation Board by: Environmental Specialist, Pasco County Florida November 29, 1996 Contents…

    • 2652 Words
    • 11 Pages
    Superior Essays