Legal Issues

There are times when it is really necessary that a company cut off on its expenses, when this is taking place, it mean that some people or rather some workers will have to be laid off especially if their performance is inefficiency. This paper looks into some issue that needs to be considered while laying off employees and the legal implications associated with it. It also looks on some drawbacks or expenses that affect a company when it decides to lay off employees.

Scenario 1
In this case, I would select the best performers for the last two years. I would analyze each one of them and take the best one that would be retained in the new business venture. Because they will be dealing with online activities, I would first take Carl Haimes. The reason is that even though he seems to have no special achievement, he is a very hardworking employee and this is the reason he is above average in terms of performance. In addition, he holds a BS in Information Systems. This means that this coupled with his hard work, he will be able to work efficiently at the new online distribution and marketing channel. This post requires a lot of dedication on the job and therefore he happens to be one of the best workers as he has never been absent for work over the past two years. His sample skills set and his job responsibilities are crucial for this post.

The other employee that I would select to be absorbed in this new channel is Nora Manson. She is hard working and this is the reason as to why she is also above average. She is also young and thus may offer her services to the company for a longer period of time. This new channel needs a person who has very good interpersonal skills so that he or she can work with the technical support team to ensure that the customers are served well. She has these skills as she is able to handle upset customers. Using her interpersonal skills, she will be able to negotiate business with clients who visit the website. This is evident from her special achievements when she rescued two big accounts for the company. (Slocombe, 2006)

Scenario 2
In this case, there is a need for people who can have results. The reason is that this channel is not doing very well and therefore there a need for a person who has both the skills and the knowledge to work in the department. Even though Jenny might be producing satisfactory work, this post is very challenging and therefore she may not be able to give her best in her present condition. Therefore I would still lay her off. If she is absorbed into this post, it is very demanding as it involves bringing back to life a channel of distribution has already died. An action needs to be done now. At her present condition, Jenny cannot give the company what it wants and therefore there is no way she can get the job. However, this must be done carefully as Jenny may report it as discrimination against sex. To avoid this, she should be made to understand that this is clearly provided in the companies policies. She should also be given all her benefits as she is getting out of the company. This should be done according to the Title VII of the Civil Rights Act and according to the Equity Act enforced by the U.S. EEOC. (The City Law School, 2009)

Scenario 3
In this case, I would reconsider laying off Carter. The reason is that even though he seems to be absent most of the time, there is a very genuine reason as to why he is absent. It is because he has an injury on his wrist. This injury is experienced while he was working in the company. In case he is laid off, we should be fully aware that he can press charges against us in the federal court. The Civil Rights Act clearly spells out that in case of a personal injury while the person is still working for an organization, the person is supposed to be compensated for the injury in full something we have not yet done on Carter. (Slocombe, 2006)
Even though Carter is having some problems now, they all originated from our company. This means that he needs to be compensated for the injury that he is experiencing. In addition, laying him off because of his current inefficiency can be termed as wrongful termination and it is clearly represented in Title VII of the Civil Rights Act. It would therefore be good if we retain him as laying him off can be termed as illegal and against the companys rules and regulations. However, Carter may still be laid off on one condition that he will be supported by the company for the damage cause. He would be laid off with an outplacement support. Even though this may look expensive, it is productive to the company as it will be able to hire someone who is more productive and can give results. (Lewis, D.  Sargeant, M., 2004)

Scenario 4
I would still lay off Sarah because it is clear that she does not possess the required skills and competence to keep this online channel moving. By the fact that she has worked in the company for a very long period, she should have achieve something which she hasnt. It is therefore clear that she is not fit for this post and that she should be laid off after all, the dispatch will be automated soon. However, it should be explained to her the reason why she is being laid off. It should be made clear to her that there are chances that her services will no longer be required in the company after introduction of automated machines. Due to her long service the company should compensate her all of her employee benefits as they are provided in the company rules, policies and regulations and as required by the Equal Pay Act. (Benjamin, 2007)

In conclusion, it is clear that no matter who will be laid off, the company will have to lose some money on their compensation. Because it is the one which is terminating their employment, it should fully compensate all the employees as it is spelt out in the employment agreement.