Legal Issues of Employment

   

ACTIVITY 6

MB650 Legal Issues of Employment

Assignment #6: Affirmative Action and Racial Discrimination

Activity 6: Diversity Plan (100 Points)

Write a diversity plan for a fictitious company. Feel free to use the law firm of Dewey, Seward & Howe if you wish. You should address policy and training components of diversity initiatives and make three (3) specific recommendations on how to implement the program. Be sure to address who will implement the recommendations and how they will be implemented.

Begin by researching academic, business, human resources, and legal literature for information on diversity plans and initiatives. You may also gather information from companies that have posted diversity information on their websites. Reference at least five (5) articles relevant to the topic in your response. You may also draw on your own experiences as well as on the information in your textbook.  

Your Activity responses should be both grammatically and mechanically correct, and formatted in the same fashion as the Activity itself. If there is a Part A, your response should identify a Part A, etc. In addition, you must appropriately cite all resources used in your response and document in a bibliography using APA style.  (100 points) (A 4-page response is required.) 

Grading Rubric

Please refer to the rubric on the following page for the grading criteria for this assignment.

  

NEED TODAY ASAP. NO BS!

Scope Management and Health Checks

Your brother in-law is about to submit a scope statement to the town council for the July 4th parade and picnic he has volunteered to project manage. Your town has about 6,000 households, and this is the first time the town council gave a tentative approval for the parade and picnic. The council president thinks that about $1,500 can be allocated for the event. Since your brother in-law knows you are taking a project management class, he has asked that you to look over his draft scope statement. He knows that the scope statement should be professional so that the town council will see him as responsible and allocate the money for the parade and picnic. Here is his scope statement.

4th of July Parade and Picnic in Anytown, USA

Project Objective – to organize and hold both a parade and picnic from 10 a.m.-2 p.m. on July 4th

  • Deliverables
  • Parade security
  • Picnic security
  • Hour parade
  • Hour picnic
  • Local business sponsors
  • Food Trucks
  • Latrine Arrangement
  • Advertisement
  • Volunteer Coordination

Milestones

  1. Get permits for closing the parade route to traffic
  2. Finalize venue location (local school or park)
  3. Police
  4. Fire Department
  5. Sponsorships
  6. Latrines
  7. Food trucks
  8. Set-up
  9. Clean-up

Technical Requirements

  1. Parking for parade
  2. Parking for picnic
  3. Audio system for music
  4. Traffic control

Limitations

  1. Maximum 20 automobiles/floats
  2. Insurance
  3. Food trucks donate 10% to town council
  4. Fire marshall
  5. Strict adherence to time limit of 10 a.m-2 p.m.

Provide input to your brother-in-law on:

  • the scope statement,
  • scope creep prevention,
  • stakeholder management,
  • metrics for success,
  • ways to recover the project should it become distressed,
  • how and when he should perform health checks, and,
  • any other items he should consider from a project management perspective.

Assisgnment 3 HRMN 400

Please read ALL directions below before starting your final assignment. 

INSTRUCTIONS:  

• Read the entire case study carefully (including exhibits A – D) and then respond to the seven Discussion Questions on page 6. Answer all questions and all parts of each question. • Develop each answer to the fullest extent possible, including citations from outside resources and course resources, where applicable, to support your arguments.  • Submit your assignment as a separate MS Word document in your assignments folder. Do not type your answers into the case study document.  • Include a Cover Page with Name, Date, and Title of Assignment. • Do not include the original question. Use the following format: Question 1, Question 2, etc.   • Each response should be written in complete sentences, double-spaced and spell-checked. Use 12-point Times New Roman font with 1-inch margins on all sides.  • Include page numbers according to APA formatting guidelines.  • Include citations in APA format at the end of each answer.

2.© 2008 SHRM. Rudolph Sanchez, Ph.D., and Mary Bielenberg-Sanchez 

  

Jenna Richards is the senior human resource director for the tape storage division of Vully Technology Inc. (VTI). Jenna has been with the company since its inception. Last week, Jenna was part of an executive committee meeting in which overall cost reductions surfaced as an issue. One likely option that was explored was to significantly reduce human capital costs. If adopted, this would be the second reduction in human capital to occur in Jenna’s unit in the past three years. Jenna knows that it is important to balance business efficiency considerations with compassion for employees who may lose their jobs after many years with VTI. Additionally, Jenna is concerned about the long-term success of the organization and the morale and performance of the employees who remain in the event of a reduction in force (RIF). She knows that the road ahead will be rough and that it will be her responsibility to ensure that the organization navigates that road with care in order to maintain profitability. 

Vulley Technology Inc. History VTI, headquartered in San Jose, CA, was established in 1992 during the dot-com boom. It competes in the computer storage industry, specifically offering a tape drive portfolio of products which provides backup and recovery capabilities to organizations. Most recently, VTI introduced a network attached product: a server dedicated to file sharing only. VTI went public in 1998. It is publicly traded on the NASDAQ under the ticker symbol VTI. Over the past 10 years, the stock price has increased in value from $10.25 to $45.33. This year, the stock price started at $35.06; hit a low of $28.13 in February; and hit its all-time high of $45.33 in June. 

When it went public, VTI had a workforce of 100 employees. Today, VTI has a global workforce of approximately 6,500 regular employees and 1,500 contingent workers. The company’s culture has historically been very employee-friendly. For example, even though private pension plans have all but become extinct, VTI provides a pension plan. This defined benefit retirement plan was established to provide a strong base for building retirement security for VTI employees. Benefits under this plan had been funded 100 percent by VTI with no contribution made by the employee. This practice stopped for incoming employees in 2005 and was replaced by an increased percentage match for the existing 401(k) plan, a voluntary program and valuable savings source for employees’ future financial needs. Bob Cuellar, VTI’s CEO, consistently tells employees, shareholders, and the press that “VTI is successful only because we have the most talented, well-trained, and rewarded employees in the industry.” Due to its treatment of employees, VTI has been able to avoid the unionization of its workforce. However, because of the uncertain climate in the high-tech industry and a recent RIF, talk of unionization has arisen in the past two years. 

VTI’s workforce had grown significantly since 1998 but has only remained steady over the past year. Fortunately, the organizational culture is such that VTI leaders have been able to re-skill and shift resources to cover “hot” and future projects, rather than reducing headcount through a formal RIF. Eighteen months ago, however, the first RIF in VTI history occurred. In that RIF, the tape storage division lost 79 employees, primarily through early retirement incentives. The tape storage division currently has approximately 700 employees. The employees are scattered throughout the United States, including three recently acquired sites in Northern California; Durham, North Carolina; and Houston, Texas. A partial organization chart is provided in Exhibit A. 

Current Financial/Market Pressure While the storage industry is a growing market, VTI did not shift their product mix appropriately to adjust to the decline of “classic” products. VTI lost revenue and market share over the past three quarters due to fierce competition, inappropriate product mix/focus and misaligned sales force incentives. Sales in the European region are down 25 percent. 

Disappointing third-quarter results have just been reported, and the executive team held a three-day offsite meeting to discuss the current status and future strategy. To regain market share, management believes that the product mix must shift, which could include a shift in human capital expertise. However, skill sets from tape drives to attached storage are not easily transferable; management is appropriately nervous that to turn VTI’s market position around in a reasonable timeframe, they may have to implement a RIF.  

 

 © 2008 SHRM. Rudolph Sanchez, Ph.D., and Mary Bielenberg-Sanchez 3 

  

A Difficult Reality The executive team has determined that the tape storage unit must reduce human capital costs by approximately $20 million per year. This cost savings figure was derived by calculating the annual salary of an employee plus 30 percent of that salary, which is an estimate of the organizational contribution to the employee’s benefits and other employee costs (e.g., training). With an average salary of $128,000 in the unit, the $20 million target is equivalent to 120 employees. 

Human Capital Cost Savings Strategies Jenna, the finance department, and other members of the executive team are charged with exploring a reduction in human capital expenditures. Given Jenna’s HR expertise, she encourages the team to consider a number of different strategies to reach the budget target while avoiding an involuntary RIF. Each of these strategies includes anticipated savings based on the previous RIF. 

Early Retirement Jenna believes that offering early retirement packages is one of the best ways to reduce costs and still produce a favorable outcome for employees. Generally, this involves offering attractive incentives for employees to leave the organization. Eligible employees (based on a combination of the number of years of service at VTI and age) receive one week of severance pay for each year of service and other benefits. For example, an employee whose combination of years of service (with a minimum of 15 years of service) plus age equaled 53 or higher is eligible to take early retirement, with a minimum of six months’ severance and maximum of 12 months’ severance. In addition, VTI would pay 100 percent of health care benefits for five years. In the short term, this is an expensive strategy; it takes three early retirements to equal one involuntary reduction in force. Further, because this approach was used in the previous cost reduction initiative, the unit is in danger of losing too many of its senior employees and the organizational knowledge they possess. Today, 105 (15 percent) of the employees in the tape storage unit are eligible for early retirement. 

Voluntary Leave of Absence (VLOA) VLOA is another voluntary cost reduction strategy in which employees agree to leave VTI for a specified period of time, usually between six months and one year. After that time, employees are eligible to return to the company. This is a short-term strategy. In the previous initiative, very few employees requested a VLOA. 

Redeployment It is possible that employees in the tape storage unit can be redeployed to other VTI units. This would result in a cost savings to the unit and at the same time, retain organizational knowledge, since employees would remain with VTI.  

Redeployed employees are immediately taken off the tape storage unit books with no severance package, making this option the most cost-efficient means of meeting the targeted reduction. 

Standardized Unit-level Cuts One simple approach to a cost saving initiative is to have each manager in the unit reduce costs by 20 percent. This would leave the decision and administrative process for implementation to each manager’s discretion. 

Reduction in Force Jenna finds the involuntary RIF the least attractive option. Not only has VTI attempted to avoid RIFs in the past, this option requires making difficult decisions and delivering difficult messages. Based on the size of the cost reductions necessary, however, it appears that an involuntary RIF will be necessary.  

Jan considers three general strategies: 

 

4 © 2008 SHRM. Rudolph Sanchez, Ph.D., and Mary Bielenberg-Sanchez 

  

• Layoff. This is the most commonly used approach in a RIF. In this scenario, the number of employees needed to reach the cost savings target are identified and released from the organization.   

• Projects. Rather than using the individual employee as the unit to measure human capital cost, Jenna may use projects as the unit. For example, rather than identifying 15 people from around the unit to reduce costs by $1 million, Jenna may find a project(s) with associated employees to save $1 million. 

• Sites. Similar to reducing costs by eliminating projects, Jenna could close sites in the U.S. In the tape storage unit, possible sites include a 15-person unit in Northern California; a 10-person unit in Durham, North Carolina; and a 20-person unit in Houston, Texas. While an attractive option, all of these sites were acquired within the past two years because of the talent or technology they possessed. 

Who Should Stay and Who Should Go With the agonizing decision to actually initiate a layoff, Jenna considers a variety of criteria to determine who to lay off to reach the cost reduction target. She realizes that determining the selection criteria is one of the single most important things to consider. Jenna also realizes that the methodology and decisions should be legally defensible to minimize the potential for litigation. Jenna needs to consider protected classes, including those over 40 years of age and ethnicity, and ensure that these classes are not adversely impacted by the RIF. Just as with any employment decision, RIFs must be made with the appropriate laws and guidelines in mind.    • Performance. One factor to consider is overall job performance. Consider retaining those that exceed job expectations against goals and possess good leadership skills; have a flexible skillset; and are adaptable to change.  

• Time in Job. Jan realizes that in many organizations, especially unionized companies, seniority is a significant factor in determining whom to lay off. Despite the non-union environment, during the last RIF, the “fairness” of laying off more senior employees who had been “loyal” to the company was questioned. 

• Salary. From a financial standpoint, eliminating higher-paid employees will likely result in fewer total jobs lost. Jan may consider using job salaries as one of the criteria for the layoff. These criteria should include looking at where employees are paid by job and consider cutting those with higher salaries (e.g., over midpoint in the salary band).  

• Skillset Needed Going Forward. Based on the overall strategy and product roadmap, Jan should consider what skillsets (technical and non-technical) the unit will need going forward to achieve both business and financial goals. 

• Project Position Eliminated. Jan might also take into consideration what work the division will no longer be doing and whether specific projects (e.g., terabyte tape project) or positions (e.g., program management of the next tape storage release) could be eliminated.  

• Temporary Headcount. Another initially attractive option is to consider eliminating the 150 temporary employees in the tape storage unit. Unfortunately, Jan knows that in virtually all cases, the temporary employees were hired to address critical skill gaps that existed in the regular employee base.  

Realizing that a layoff is a likely option, Jenna drafts a timeline and two communication messages. Exhibit B presents the planning and communication timeline. The draft Notification Letter to affected employees (Exhibit C) and the draft e-mail message to all VTI tape storage employees (Exhibit D) are also provided. 

 

 © 2008 SHRM. Rudolph Sanchez, Ph.D., and Mary Bielenberg-Sanchez 5 

  

The Decision-making Process After managers in the tape storage unit agreed on the set of criteria, each manager reviewed all direct reports and generated a list of possible employees to lay off. A brief explanation of why each individual was selected was provided. The leadership team of the tape storage unit made the final determination of which specific employees would be laid off. This list was subject to a legal review prior to implementation. 

The Notification Process The process to notify affected employees was reasonably effective during the previous layoff. Regardless of the number of employees subject to layoff, VTI decided to adhere to the guidelines outlined in the WARN Act, even though it was not legally required to do so. Based on the previous experience, Jenna prepared two documents to assist in the notification process. Since affected employees’ immediate supervisors were the individuals notifying those employees in person, Jan developed an outline of points for them to cover and a notification letter to be delivered during the meetings. 

The Survivors After the actual layoff, Jenna knows that it is important to help the organization, especially the tape storage unit, return to normalcy and productivity. To help re-engage the staff, it is critical that the management team be visible and available to both those affected by the RIF and those who survived. Organizational leaders must be available to answer questions, discuss the future, honor the past, and, in general, be available for employees who just want to talk about what happened or their personal situation. Using a model such as William Bridges’ “Managing Transitions—Making the Most of Change” (2003), where you say goodbye to the ‘known’, shift into a neutral state and then move forward, is vital to the success of this type of transition.  

Discussion Questions It is obvious that Jan has a lot of work to do. Please develop responses to the following questions: 

1. What would you recommend as the best mix of cost reduction strategies (e.g., reduction in force, redeployment, early retirement)? What are the strengths and weaknesses of each of the strategies listed? Can you think of any additional strategies? Do you agree that a reduction in force is the best approach?  Why or why not? 2. Assume that Jenna will need to orchestrate a layoff as part of the cost savings solution. Evaluate the different criteria options proposed to select the employees to lay off (e.g., performance, time in job, salary, skillset needed going forward, project position eliminated, and temporary headcount). What are the advantages of each option? What are the risks of each option? Are there other criteria that can be used? If you were Jenna, which criteria would you be inclined to use and why?  3. Assume performance is used as one of the selection criteria. Discuss in detail the specific performance data Jenna will need to obtain and how she will access it.  4. What steps should Jenna take to minimize the risk of wrongful terminations? What legal issues should be considered?  

 © 2008 SHRM. Rudolph Sanchez, Ph.D., and Mary Bielenberg-Sanchez 

  5. What is your assessment of the two draft communications provided (the letter to affected employees and the e-mail to all employees)? Is there anything you would change? If so, what? 6. How can Jenna address negative morale within the department, increase employee motivation and engagement, and mitigate any retention issues?  7. How can Jenna continue to ensure high performance among remaining team members?  How can she proactively mitigate performance issues?    

© 2008 SHRM. Rudolph Sanchez, Ph.D., and Mary Bielenberg -Sanchez 

  

Exhibit A Below is a portion of the VTI organization chart. As indicated in the main case document, R&D directors and R&D project manager units are not all located in one facility. 

  © 2008 SHRM. Rudolph Sanchez, Ph.D., and Mary Bielenberg-Sanchez 

  

Exhibit B Planning/Communication Timeline 

Finalize Impact to Business        Example: 1/14/xx Company executives work with finance and HR to finalize the effect to the technical roadmap and how that will affect product schedules, human capital, etc. (two months before notification date). 

Define Selection Criteria         Example: 1/28/xx Management works with HR to finalize selection criteria and begin identifying individuals or projects based on key strategic business decisions (six weeks before notification date). 

Finalize Selection          Example: 2/11/xx Finalize selection of affected employees and get legal approval on selections (one month before notification). 

Prepare Notification Packets        Example: 3/3/xx Prepare notification packets for employees (one week before notification date). 

Notification Date           Example: 3/10/xx Immediate managers notify all selected employees for RIF in person; the notification letter and other RIF materials (e.g., severance details, timeline for exiting the tape storage division) are provided to all affected employees; all managers in the tape storage unit as appropriate are notified of the reduction in force happening on-site that day. 

Post Notification          Example: 3/10/xx + Inform customers, key stakeholders and partners as appropriate. 

Exhibit C 

Notification Letter 

[Date] [Employee Name] 

Dear [Employee Name]: 

We are sorry to inform you that due to ongoing budgetary constraints and continuous efforts to remain competitive, your job has been affected, effective today, [date]. 

Beginning today, you will be placed in the Vulley Technology Inc. (VTI) Working Notice Period, a program under the VTI Reduction in Force Plan, for a period of three weeks, during which you will continue to report to work. 

If, at the conclusion of the working notice period, you have not secured another position at VTI, you will be released into the PostWorking Notice Period program for a period of six weeks.  You will continue to receive pay and benefits but will not be required to report to work during this time.   

 

 © 2008 SHRM. Rudolph Sanchez, Ph.D., and Mary Bielenberg-Sanchez 9 

  

The information given to you in this packet is consistent with the requirements of the Federal Worker Adjustment and Retraining Notification (WARN) Act, and the planned action is permanent.   

Your contribution to the tape storage unit at VTI has been invaluable. Your loyalty has been very much appreciated and you will be missed. We have hired a career transition firm to meet with all employees subject to the layoff. They will provide assistance with your job search, including conducting workshops to enhance your résumé, interviewing and job search skills. Please see the enclosed schedule for further details.  

In the event that you do not secure another position at VTI, we will offer you a severance package at the end of your six-week postworking notice period that we hope will make your transition to new employment less difficult. The severance package consists of one week of pay for every year of service, with a minimum of two months’ severance and a maximum of six months’ severance.    

Thank you again for your hard work in the tape storage unit. We wish you the best in your future endeavors. 

Very truly yours, 

Bob Cuellar CEO 

Exhibit D 

E-mail Message to All Tape Storage Employees on Notification Date 

To All Tape Storage Employees,  In order to remain competitive and to ensure a solid cost structure for next year, we have had to make adjustments to our product roadmap which has resulted in a Reduction in Force. Today we are announcing a reduction of [number] employees. This was a very difficult decision for VTI, and especially for the executives in the tape storage unit. As you know, we truly value all our employees. It is also very difficult for the individuals whose jobs are affected. Human Resources will be working with those affected employees to get as many as possible redeployed to other positions at VTI.   

I know everyone is working very hard across the organization to deliver on our product roadmap commitments and we thank you.  It remains important to stay focused on those deliverables so we can capitalize on our strong product roadmap into next year.   

For a complete list of affected employees, please contact your immediate manager.  

Regards,  

Stacey York Vice President Tape Storage Unit 

 

 

Weekly post

Review the Writing Center & Library tab in the left navigation of the course. Explore the resources available, view demos/tutorials and read the guides. In a 250-300 word response, discuss how these resources will be of value to you in your program at Ashford. Use at least one resource to support your key points. Respond to at least two of our fellow students’ posts and offer suggestions on how they could increase the value of the resources they identified.

Assignment

 

Read the “OD Application: Virtual Teams” on pages 263-264 of our textbook. Write a brief paper in APA format summarizing the case and that addresses the following questions: :

1. What do you see as the advantages and disadvantages of virtual meetings?

2. Compare the methods used at GE, P&G, and other companies to promote virtual teams.

Visit the Web site of HP at www.hp.com and search for “Halo” and “Cisco” at www.cisco.com and search for “TelePresence” to research current information on telepresence technology.

Remember to integrate references from at least two different sources to support all conclusions and recommendations. You may use the textbook as one of the sources/references needed.

respond 23

respond to this discussion

 

Hello all,

Change control is your ability to make swift and accurate decisions in the best interest of the project outcome  should an unplanned incident or request occur in a project. Change control is needed so the project can remain adherent to its objectives and finish in the time allotted-and that includes extra time if requests have been made and approved. As an example, my daughter is an instructional designer and often clients come in with change requests regarding the curriculum or training they have requested for her make. Sometimes its a quick fix in wording but other times its a complete design change that could take her off her schedule for days or even weeks at a time. She has somewhat learned to build in time for these issues but the key insight she taught me was that she needed to improve on her ability to really listen to what the client wanted and ask the right questions. I would encourage project managers to do the same when taking on a project. Often people think they are saying something they are not and it is up to you to clarify. I have learned my lessons behind this and it has since made me a better leader. 

ODC3IP

  

  

Page requirement 2500-3000 words, please read the instructions for the assignment

Based upon the course readings, supplementary materials, and your own literature search via the CTU online library, please submit Part 2 of your Organizational Change Action Plan.

This part of the Organizational Change Action Plan should include the following components:

Part 2: Review of the Literature (Continued)

Review the academic literature of organizational learning.

Review the practitioner literature of organizational learning. 

Synthesize the academic and practitioner literature. 

Use the LIBRARY or the MGMT Doctoral Library for help.

The objective for this assignment

 To analyze systems theories by considering different systems approaches and methodologies 

To comprehend the definitions of strategy and organizational systems 

To prepare organizational leaders to leverage concepts used in systems theories and strategy models 

Project Proposal

 

Introduction: Throughout this course, you will be working on a staged project researching a public policy issue as identified in your project proposal. At this point, you are being asked to identify a topic to research during this course for the final Presentation and Research Paper.

Instructions: The major project in this course is an evaluation of the effects of a public policy. This will require research on a chosen policy and its impact, and your work will culminate in a final Research Paper.

For this stage of the project, you will submit a written project proposal. Your proposal should include the following components:

  • Identification of the policy you intend to examine
  • Background on the context and/or significance of the policy issue, including what organization(s) this policy involves
  • A research question or hypothesis you will evaluate regarding this issue
  • Methods of data collection you plan to use to evaluate your chosen policy, such as who you plan on interviewing. It is expected that a core component of the research involved in this project will involve relevant individuals, though other forms of research such as document analysis may also be useful to your project.

Some concerns to keep in mind when evaluating a policy include (but are not limited to):

  • The costs involved in a policy or program
  • The impacts of the policy or program
  • Who is impacted and how

 Your Proposal should be approximately two pages (500 words) in length. Submit this as a Word document. Follow APA style guidelines.