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Software Vault: The Gold Collection
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Software Vault - The Gold Collection (American Databankers) (1993).ISO
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EMPTERM.APD
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1993-07-01
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(Background Technical Information for this sample
negotiation:)
The "Action Pad" is typically used for making "to do"
lists which are helpful in planning a negotiation. In
this case, we have used it to provide some technical
information on the "employee firing" case study which
follows.
For purposes of this case, this section
is used to summarize the facts of this case study.
NOTE: This case study should not be construed as legal
advice
Below is a To do list created by the negotiator as he
or she prepared for the negotiation. Further below is
a summary of the outcome written after the negotiation
was completed.
To do list:
1. Discuss with both the personnel office and its
legal counsel the best way of handling the case
outlined below.
2. Make sure, as per general personnel policy,
that Scott isn't fired until after the holiday
season. Don't provide him even a minimal bonus,
because it may provide conflicting signals to Scott.
3. Call legal counsel regarding Scott's age. Legal
counsel should advise that because this case involves
someone over the age of 40, the Federal Age
Discrimination in Employment Act of 1967, as amended,
would apply. Care should be taken to document that no
age discrimination occurred here as well as
documenting that it was not done out of retaliation for
any act that the company knows about. This is
important in terminating employee-at-will managers.
Legal counsel may also want to look at 33 U.S.C. 1387,
Federal Water Pollution Act, which provides for
employee protection for those reporting violations of
the law. Scott may have reported our company.
Summary of negotiation outcome (include objective,
dynamics, results): NOTE: This summary was entered
after the negotiation was completed.
The objective of this negotiation was to terminate
Scott, a middle manager who was trained many years ago
as a hydrology engineer, but has been in marketing and
who did not meet a number of job performance
milestones, while at the same time not triggering a
lawsuit.
Several delicate factors complicated this case,
including Scott's age (56), the time of year
(the holiday season), Scott's report to the Securities
and Exchange Commission of water pollution violations
by the employer, and company morale.
Scott's initial reaction when he was told of his
termination was predictable. Although he resisted in
the beginning, he finally acknowledged that he had not
met the milestones that his manager had outlined
earlier in the year. Scott admitted that his
expertise was in hydrology engineering, not in the
marketing, which was the area in which he was trying
for the first time at our company. We don't have a
hydrology department so we really cannot use his
engineering skills here.
The negotiation ended civilly with Scott agreeing to
sign a waiver of litigation claims in exchange for
severance compensation of two weeks salary per year of
employment (he has been here two years).