Case Study: Kasten Vs. Gobain Performance Plastics Corp.

Superior Essays
Case review
Esther Matz
Florida International University

Abstract
The human resources department works hard to ensure that the company runs smoothly and that any issue that comes up gets solved. The human resources department may very well be considered one of the most important departments in any organization. Many times, when a court case if filed against a company, the human resources department gets involved. In this report, a couple court cases, involving human resources and what human resources can do to help.
Case Review
Human resources is a very important part of each company. The human resources department works closely with the people in the business and with any issues that may arise. They are also involved in hiring
…show more content…
Gobain Performance Plastics Corp. In this case, petitioner Kevin Kasten had complained to his boss about the inconvenient location of the timeclocks used to sign in and out of work. Kasten said that he was not getting paid completely because of this. He had to put on protective gear before going to clock in and out, while not being paid for the time it took to do this. After Katsen complained orally, and nothing changed, the company let go of Kasten. When this took place, Kasten chose to file a lawsuit, claiming that he was fired because he complained to the company orally. He filed the suit with the Fair Labor Standards Act, stating that a company should not fire an employee because eof complaint that was made orally. The Fair Labor Standards Act states that a company cannot let an employee go because he “filed any complaint.” The question is if an oral complaint is included in “any complaint” or does the complaint actually need to be in writing for it to be considered a complaint? The consensus is that oral complaints are included in “any complaint” and therefore the ruling was in Kasten’s favor.
This court case can connect to human resources in two ways. Firstly, a company must make sure that if an employee complains orally, they deal with it immediately. They should not disregard a complaint just because it is not in writing. Oral complaints are still valid and are deserving of proper care and

Related Documents

  • Great Essays

    Abbey Randt Case Summary

    • 1408 Words
    • 6 Pages

    A victim of sexual of harassment may file a charge under Federal and State law. A charge or complaint may be filed within 300 days of the date of the alleged violation. The EEOC and the Minnesota Department of Human Rights will look at allegations of sexual harassment, evaluate the circumstances and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case by case basis. If it found that there is probable cause for sexual harassment a victim will receive a right to sue letter showing that the EEOC and/or the Minnesota Department Human Rights determine that there are grounds for a discrimination claim.…

    • 1408 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Hudson Group Retail. The summary of the case is as follows, the complaint presented by the plaintiff, Wendie Dreves, age 58, against the defendant Hudson Group Retail stated that her male replacement, Jarrod Dixon, age 42, received a substantial pay increase as Dreves replacement when she was discharged after complaints of abusive and inappropriate behavior toward fellow employees. Dreves worked as a general manager for Hudson News 's retail operation at Burlington International Airport for about 7 years with 16 years of retail management experience. During that time, Dreves was awarded several merit pay increases with favorable review until her termination. Upon her termination, Jarrod Dixon, serving in lesser management roles for Hudson since joining the company in 2004 was picked a Dreves 's successor.…

    • 721 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Over 3000 workers claimed that they were paid only for the time they were at their work stations and the production line was moving. c. The employee argued that the company violated the Employment Standards Act of 1938 and Iowa Wage Payment Collection law by not…

    • 282 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Due to the facts found by Mr. Robinson and the hearing outcome, he ordered that Mr. Sterne be restore to his original position and rank, and be compensated for any back pay and benefits that he had lost since his demotion. Additionally, Robinson found that there was irregularities with how the discipline was handed out and there was no due process and progressive discipline before demotion and loss of pay, thus Sterne was discriminated against an was due his return to his past position with back pay. This case again shows, specific issues with retaliation being taken against subordinates without due process and could actual fall into a Title VII Civil Rights Act case, but the District of Columbia has a Civil Process for adjudicating employee…

    • 1242 Words
    • 5 Pages
    Improved Essays
  • Decent Essays

    Jon M. Espinoza's Case

    • 408 Words
    • 2 Pages

    Ms. Espinoza stated that throughout the claimant’s probationary period from 8-3-2015 through his LDW on 11-25-2015, the claimant never reported any injuries or illnesses either to her or to Supervisor Mr. Gerardo Navarrete. Ms. Espinoza checked her personnel records and the claimant’s personnel file and did not find any injuries leading up to the claimant’s current claim of injuries that allegedly occurred on 11-20-2015. Ms. Espinoza stated that after the claimant’s termination on 11-25-2015, when the claimant was terminated for cause, approximately two weeks after she was served with legal documentation via the mail from the claimant’s attorney at the Law Offices of Jon M. Woods. The service was conducted on 12-14-2015. The claimant and…

    • 408 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Describe the issues in the case? “On January 5, 1999, grievant Keith W. Walton applied for work with the Company by filling out the Company’s employment application (C-1). In it, he reported that he had no relatives employed by the Company. On April 30, 1999, he was hired as a Helper at the Manatee Power Plant and was continuously employed there (working his way up to journeyman mechanic status) for the next seven and one-half years” (Soloane & Witney, 2010). The issue describe in which Keith Walton case study is with him not properly being discharge for allegedly violating the company anti-nepotism policy.…

    • 892 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Allen Lopez Case Summary

    • 828 Words
    • 4 Pages

    In the case of petitioner ExtremeNet versus respondent Allen Lopez, this case occurred in the State of Georgia in which At Will Employment Law applies. Respondent is making a counter claim. The respondent had worked for the petitioner for seven years in a middle-management position. The respondent found the position rewarding and was well paid. The petitioner struggled to manage the effects of an economic downward spiral; therefore, some employees were laid off and new personnel policies were implemented.…

    • 828 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    1. What was the legal issue in this case? What did the court decide? This case is based on Mr. Cortez, who worked for Sam's Club from 1986 to 2003. Mr. Cortez sued Sam's Club for discrimination in violation of the Age Discrimination in Employment Act, alleging that the company failed to promote him to general manager as he requested for several years.…

    • 467 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    Kathleen Bosko

    • 1633 Words
    • 7 Pages

    In Latowski, the defendant claims that the plaintiff’s employment was terminated because she had a lifting restriction due to her pregnancy. The plaintiff disputes this proffered reason by claiming that discriminatory statements made against her show the actual motivation for her termination was in fact her pregnancy. This is very similar to the current case because even though the Defendant has stated that the travel accommodations were denied to the plaintiff because she lacked seniority, made her request after Johnathon Myers, and because no other Master Sculptor was available to complete the project, there were also discriminatory remarks made by Kathleen Bosko. These comments were made right after the Plaintiff requested accommodations and included Bosko reminding the Plaintiff that as a Master Sculptor at Bosko Arts Inc,, she holds a “plum position” in the art world and enjoys “steady employment and employment benefits.” Furthermore, in the case of Latowski, the remarks were made by individuals who were involved in or could influence the decision making of the adverse employment conduct, namely Judy Doyle and Rick Ackerman.…

    • 1633 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Supreme Court decisions on sexual harassment, particularly in the Faragher case, have increased concerns about the nature of an acceptable policy and complaint mechanism. In that decision, issued on the same day, the Supreme Court ruled that, when there was no direct adverse job action involved, an affirmative defense against claims of supervisor harassment can be made. There is research relevant to the issues of effective policies, investigation processes, and what constitutes a reasonable or unreasonable failure to use an available complaint mechanism. However, further research, written in a way that makes it more accessible to lawyers and the courts, would be of…

    • 104 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Misplaced Affections: Discharged for Sexual Harassment and Virtual Teams in Actions: Building the F-35 Fighter In the case of Mr. Peter Lewiston VS Beverly Gilbury for sexual harassment. Both parties work for Pine Circle Unified School District at Simpson Elementary School. Lewiston was a hard working employee with a clean record. His began to change towards Ms. Gilbury.…

    • 609 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Lockwood’s complaint is grounds for Parental discrimination because her fellow female co-workers without children, receives superior pay. After Lockwood mentioned her kids in her interview, she was then offered a much lower salary than her female colleagues. Fighting for similar pay proves she was discriminated due to her parental status. Additionally, because Lockwood was fired for no reason other than an incident with her sick child, proves parental discrimination. It is also clear the hiring manager used disparate impact when hiring and firing Lockwood.…

    • 160 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    Thanks Dr. Mattix for your quick response. However, according to our Faculty Handbook, p. 90 “If the Faculty Grievance Committee determines that the faculty member’s grievance should be referred to a Hearing Panel…” Thus, I am contacting you in pursuant of what is required in accordance to our Handbook. I realize you are stating that this is a Human Resources situation.…

    • 160 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Supreme Court’s decision in the case of Hoffman Plastic Compounds v. NLRB, 535 U.S. 137, 122 S. Ct. 1275, 152 L.Ed.2d 271 (2002), Mr. Castro was fired for his organizing activities, which he was unlawfully terminated (“Undocumented Workers”., n.d.). “The National Labor Relations Board, the agency that administers the NLRA, ordered the employer to cease and desist, to post a notice that it had violated the law and to reinstate Mr. Castro, and to provide him with back pay for the time he was not working because he had been illegally fired (“Undocumented Workers”. , n.d., p. 5.) .”…

    • 692 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Achieving Racial Equality

    • 2514 Words
    • 11 Pages

    The case background is that Duke Power Company would only hire African- Americans if they had a high school diploma and passed a test, they then would get hired into one out of their 5 operating departments which was called the “labor” department. Where the highest wage being paid in the labor department was the lowest wage being paid in any other department and also if an African-American got promoted they would start back at the lowest part of the ladder for new department. The United States court ruled this a violation of Title VII of the Civil Rights Act of 1964, because the high school diploma or the two test that were taken in order to get hired were not required according to the description of the…

    • 2514 Words
    • 11 Pages
    Superior Essays