In this three-part assignment, you will address employee rights and labor relations, total compensation, and workplace safety. You must use at least one external source for each section. Use only articles from 2019 and later. For Part 1, one of these sources should be from the HR Magazine available through the CSU Online Library. All three parts of this assignment should be submitted as one paper with one reference list at the end of the paper that contains all sources used in the paper.
Part 1: Employee Rights and Labor Relations
You were introduced to the topic of employee rights and labor relations in Unit V. For this part of the assignment, locate an article in the HR Magazine in the CSU Online Library that is related to employee rights or labor relations (attached below). Describe the premise of the article and the points that relate to employee rights or labor relations, particularly any ethical or legal considerations. Describe how the situation outlined in the article contributes to the success or failure of the organization. What was the role of HR in this situation? Part 1 of your submission should be a minimum of one page.
Part 2: Total Compensation
You were introduced to the topic of employee rights and labor relations in Unit VI. For this part of the assignment, review the section called, Wage Compression, in Chapter 11 of your textbook. Find an article in the CSU Online Library related to wage compression (attached below). It can be from any database or journal, although HR Magazine does include good information on this topic. Describe the premise of the article and the points that relate to wage compression. Describe how the situation affected employee performance and well-being. What was the role of HR in this situation? Part 2 of your submission should be a minimum of one page.
Part 3: Workplace Safety
You were introduced to the topic of workplace safety in Unit VII. For this part of the assignment, review the case study, Case 14.2: You Are Not Hurt? Good – You’re Fired! which you can find in Chapter 14 of the textbook. Respond to each of the following items. Use the headers to organize your responses to this part of the assignment. Part 3 of your submission should be a minimum of one page.
Introduction: Give a short overview of what happened in the case study.
OSHA: Describe what actions OSHA would have been required to take had Mr. Yang filed a complaint with OSHA requesting an inspection and investigation, claiming his workplace was not safe because of the incident. Identify the category(s) of violations and penalty(s) ActioNet might be subject to under OSHA.
Employer Responsibilities: Describe ActioNet’s responsibilities to employees under OSHA.
Stress: Stress might have been the cause of Tymony’s intolerable conduct. Identify the cause(s) of stress that might have accounted for his inexcusable behavior.
Workplace Violence: Identify the causes of workplace violencee and explain how they might help us better understand this case.
Signs of Potential Violence: Describe the signs of potential bias and identify any that were exhibited in this case.
Workplace Safety Issues or Trends: Identify the trends or issues in workplace safety that apply to this case.
Summary: Write a brief summary and conclusion to this case study.
The below case study came from the human resource book, title attached.
Case 14.2 You are Not Hurt? GOOD—You’re Fired!
CEO Ashley Chen founded ActioNet (AN) in 1998, supporting clients hailing from industries including transportation, manufacturing, telecommunications, retail, the public sector and financial services; their most prominent clients include the Departments of Labor and Energy and Qwest with IT services. AN is a full-service IT firm providing their clients with project management, custom software development, network design, computer security assessment, training, systems integration, and design and consulting services.(1)
AN’s core values include instilling integrity in everything they do, innovating to enable their mission, making their customers and each other successful, achieving service delivery excellence, and partnering for success.
At ActioNet, we are committed to conducting our business with integrity, not only doing things right, but also doing the right things. We believe in transparency and accuracy with open and honest communication. Being fair and ethical are an integral part of how we do business and strengthens our relationships.(2)
Core values aside, the firms of V. James DeSimone Law and Navab Law won a substantive civil lawsuit against AN, alleging that their client was subjected to wrongful termination and workplace violence. (See Yowan Yang v. ActioNet, Inc., Case 2:14-cv-00792-AB-PJW.) Why did AN have to pay $2.4 million, plus $5 million in punitive damages, to Los Angeles employment lawyers Jim DeSimone and Kaveh Navab’s client? How is this possible given the firm’s core values and their belief in open and honest communications?
Mr. Yang was originally hired as an employee of L-3 National Security Solutions in September 2008 and became an employee of AN when they took over L-3’s federal contract with the Federal Aviation Administration in April 2010. Yang provided technical support to the contract and was employed by AN because of his prior excellent performance. He continued to excel at his job with AN, obtaining merit pay and superior evaluations, the last one leading to a pay raise merely a few months before his job loss. The problems started at AN when they hired Cy Tymony to provide similar services as Yang. Yang and Tymony were placed on the same work group and worked in close proximity (4 feet away from one another).(3)
Yang said he and Tymony had several public incidents in the workplace, including some in which Tymony was publicly upset because Yang had either stored cans of soda in the office freezer or was eating candy during a staff meeting, according to the amended complaint. Toward the end of the meeting, Tymony pounded his fist against a cubicle, told Yang that he had no respect for others, and cursed several times, the later-filed complaint said. On July 24, 2012, both Tymony and Yang met individually with supervisors to see who would be willing to move to another cubicle, according to the complaint. After Tymony left the meeting, he loudly complained that Yang was an “asshole” who chewed ice. After Yang suggested that Tymony move his cubicle, Tymony grabbed him by the neck and, yelling curses, threatened his life.(4) The results? Yang’s workstation lay in a shambles, the result of Tymony losing control of his emotions.
AN took quick, albeit questionable, action. They fired both Tymony and Yang on the spot without supporting documentation. Although a federal investigation two days later indicated no wrongdoing on Yang’s part (he was called a “complete victim”), AN took no further action in the matter. One would have expected AN to rehire Yang or at least do their own research on the matter. Worse, AN never responded to requests from Yang asking for a rationale for his firing, as well as a demand for his job back.
Mr. Yang then filed a civil legal complaint that said that rather than properly investigate the incident, AN simply moved to quickly fire him and the other employee, causing him emotional harm and making it difficult for him to find a new job.
After being fired “for cause,” Mr. Yang applied unsuccessfully for hundreds of jobs, says DeSimone, his lawyer. Mr. Yang lost his career, his apartment, his independence, his self-worth, and his self-esteem.(5)
AN argued in the case that it should not be held responsible because of any violent tendencies of Tymony because he was fit to perform his job, because there is no evidence that the company tolerated Tymony’s conduct, and because Tymony was not acting in the “course and scope” of his job during the altercation.(6)
AN was penalized and Mr. Yang compensated for what the jury regarded as callous disregard of Mr. Yang’s rights. “The jury sent a loud and clear message via this case to companies that harassment, workplace violence and termination would not be tolerated. ActioNet never took responsibility for its wrongful conduct and the jury held them accountable.”(7)
Questions
- This case was a civil case. How might it have become a federal case under OSHA’s charge?
- How might ActioNet have not upheld their OSHA responsibilities?
- Although a federal investigation two days later indicated no wrongdoing on Yang’s part (he was called a “complete victim”), ActioNet took no further action in the matter. If these were OSHA investigators, under what category of violation might ActioNet be subject to penalty?
- Stress might have been the cause of Tymony’s intolerable conduct. Which cause(s) of stress might have accounted for his inexcusable behavior?
- What are the causes of workplace violence, and how might they help us better understand this case?
- What are the signs of potential violence, and were any exhibited in this case?
- What trends or issues in workplace safety apply to this case?
References
- Green, T. (n.d.). ActioNet Inc. Hoovers. Retrieved May 15, 2017, from http://0-subscriber.hoovers.com.liucat.lib.liu.edu/H/company360/overview.html?companyId=130020000000000
- Anonymous. (n.d.). Who we are. ActioNet. Retrieved May 15, 2017, from https://www.actionet.com/about-us
- DiSimone, J. (2016, March 18). Workplace violence wrongful termination case. V James DiSimone Law. Retrieved May 15, 2017, from http://www.vjamesdesimonelaw.com/Blog/2016/March/Workplace-Violence-Wrongful-Termination-Case.aspx
- Penton, K. (n.d.). Tech co. must pay $7.4M to worker choked at office. Portfolio Media. Inc. Retrieved May 15, 2017, from http://www.vjamesdesimonelaw.com/documents/law360.pdf
- DiSimone, J. (2016, March 18). Workplace violence wrongful termination case. V James DiSimone Law. Retrieved May 15, 2017, from http://www.vjamesdesimonelaw.com/Blog/2016/March/Workplace-Violence-Wrongful-Termination-Case.aspx
- Penton, K. (n.d.). Tech co. must pay $7.4m to worker choked at office. Portfolio Media. Inc. Retrieved May 15, 2017, from http://www.vjamesdesimonelaw.com/documents/law360.pdf
- DiSimone, J. (2016, March 18). Workplace violence wrongful termination case. V James DiSimone Law. Retrieved May 15, 2017, from http://www.vjamesdesimonelaw.com/Blog/2016/March/Workplace-Violence-Wrongful- Termination-Case.aspx
Case written by Dr. Herbert Sherman and Theodore Vallas, Long Island University