.Legal Analysis: The paper must identify and discuss all of the applicable laws

Question

.Legal Analysis: The paper must identify and discuss all of the applicable laws and how they apply to each of the five (5) employee situations .Organization: The paper should be organized around an introduction, analysis and conclusion with appropriate headings. An abstract is not required and should not be included .APA Format: APA format is required, including a cover page and reference page. APA citation to information from the textbook is required. APA citation means in-text citation to information from the textbook, including page numbers, within the text of the paper Facts Best Electronics, Inc. is a 20 million dollar a year consumer electronics company heavily involved in the direct marketing of its consumer electronics products. In order to cash in on the internet selling boom, Best Electronics, Inc. opened two new online marketing and direct distribution channels Soon after these websites went live, technology problems, together with sluggish sales killed the company's profits. As a result, the company has decided to abandon its new direct marketing plan and to reduce its workforce You are the Vice President (VP) of Human Resources (HR) for Best Electronics, Inc. The President of the company has asked you to terminate the employment for a number of employees. He has given you a list of people to consider and has charged you with writing a paper describing which employees to terminate, the reasons for each termination and the legal risks with each particular employee in terms of post termination litigation Your job as VP of HR: You must terminate three (3) of these employees. Two employees may be folded into existing openings in the rest of the company Here are the employees Alicia Chin: Alicia is a 25-year-old Asian-American female. She is a top-notch software engineer. However, employees find it difficult to work with Alicia. They say that she is quiet, withdrawn and unsociable. She spends most of the day sitting at her computer and avoids company social events. Alicia recently told you that she believes she wants to be taken off all projects where Bob, a contractor, is the project manager. Bob has repeatedly asked her to go out to dinner with him. When she refuses, he makes lewd and suggestive remarks. He has threatened to tell her manager that she is performing

Explanation / Answer

Introduction

The company Best Electrics is a 20 Million Dollar company. It decided to expand recently but that didn't work out quite well, because of which the company has decided to shut few of its operations and also downsize the workforce to make up for the losses.

Analysis

As the company is considering for a downsizing of the workforce, it might have to face some legal repercussions in all of the five cases. However, the company should be ready to deal with the aftermath of its decision and do what is best for its business. The legalities which would be involved are-

a) Alicia Chin: Alicia Chin is an Asian American woman, who is being molested by Bob in the company. She can present pieces of evidence from her conversations with Bob after being sacked from the company and file for Sexual Harassment in the workplace, which can get both the company as well as Bob in trouble.

b) Ali Smith: As Ali is performing above the median, there is no ground for kicking him out of the company. Apart from that, prayer breaks cannot be criminalized or condemned as they are a part of personal beliefs and that cannot be questioned. However, if he is taking unnecessary breaks, that need to be dealt with as it can affect his productivity and efficiency in the company.

c) Paul Pierce: Under FMLA, Paul can file a suit against the company for sacking his because of his illness. This might not actually be true but Paul has a right to raise his voice against discrimination arising due to his illness, which can get his company in trouble.

d) Susan Reed: Susan can also file a case under marital status discrimination in which she can state that the actual reason for being fired was because of her marital status.

e) Martha Johnson: Martha can file a case for racial discrimination as she is an African American woman working in the organization and she is also active in the local chapter of a civil rights group, which makes it even more probable that she would do that.

Conclusion

The company should not be worried about the cases or the lawsuits that might occur as a result of the firing because the company is not doing it because of the reasons which are mentioned above. However, the company should ensure that it gives a notice period to its employees as they should get enough time to find another job. The following people should be sacked for the above case-

a) Ali Smith: Though he is an average performer, his work will become obsolete once the operations of the other units stop.

b) Paul Pierce: His project would also be abandoned which makes him redundant in the workplace.

c) Susan Reed: Terminating her would be difficult for the company as well as Susan, but this is something that needs to be done as the project is stopping to operate now.

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