Conflict Management

Employment Conflict Management

[introduction]

Potential Conflict Identifications

From the business end, the web site suffered technological problems due to the 3-D mannequins downloading being so slow for consumers. FastServe, Inc. has decided to cease the on-line distribution market and downsize its online division.

In attempt to downsize the company, the website development department will be evaluated and employee files to select the potential employees who will be laid-off. Human Resources will assess the employee files for skills, education, attendance, and projects performed. FastServe, Inc. has identified five potential employees and three of which must be chosen for scale back. The five employees that will be looked at are: Carl Haimes, Sarah Boyd, Jenny Mills, Brian Carter, and Nora Manson.

All five employees have good qualifications for their present positions, though there are attendance issues. Carl and Nora have a performance records and productivity achievements that are above average. Brian, Sarah, and Jenny have average performance and productivity achievements. Sarah and Nora possess little to no extra education beyond a high school diploma. Sarah is the only one that is not a contract employee. Brian has a special achievement in the website programming for which he was hired to maintain. Nora has a special achievement via her manner of communicating that has saved two large accounts.

Among the five employees that are being viewed regarding layoffs, there are several issues that could result in retaliation and/or lawsuits. Sarah Boyd is an older worker and could potentially try to claim age discrimination, Brian Carter has absences that are a result of injury, Jenny Mills has absences due to pregnancy and may present a pregnancy discrimination charge, Carl Haimes’ skills are no longer a special need, Nora Manson has good mix of skills but spends time counseling other employees in private matters; however, if laid-off, she could file one of two cases. The first case could be disparate treatment that could be disproved by the company via her productivity record. She may file a discrimination case with the EEOC. After considering all information, there are several options to consider that can reduce risks and lawsuits.

Alternative Dispute Resolution Techniques/Risk Reduction

The required recommendation to resolve the situation of dismissing three individuals would affect Jenny Mills, Sarah Boyd and Brian Carter. Effective communication is the key to handling delicate situations such as this. I would recommend that it not be done on a Friday due to the sensitive nature of one’s livelihood and in a neutral area where it is away from prying eyes and ears. Everything must be document for the company’s protection, as well as the managers. Be sure to have any pay that is due the employee ready for him or her. Keep it peaceful, calm, and direct so as not to stir retaliatory feelings.

There are employees, such as Nora Manson, that can be retrained in another area whose skills will be beneficial to a new department. Another consideration would include those on contract; a contract is set for a period of time and then ends. FastServe may want to consider ending the present contract and