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The Human Resource Senior Manager

The following is a table of the final list of the candidates for termination following the closure of our online distribution department and the factors to consider in laying them off to avoid litigation for wrongful termination. We have decided to terminate Brian Carter, Sarah Boyd, and Jenny Mills for reasons that will be discussed later. First, I will try to explain why we are retaining Carl Heimes and Nora Manson. Carl Heimes We are retaining Carl Heimes because of his dedication and hardwork.

Certainly, these are traits that we look for in our employees. Among the candidates, he is the best performer, together with Nora Manson, with an above average track record. He has also not been absent from work for the last two years. He is also the most productive among the five candidates for termination with an above median productivity rating. He is knowledgeable in computer and technology applications and has a college degree.

Among the five candidates for termination, he is the biggest asset to lose should we terminate him. In his case, we are weighing more the attitude towards work over the skills. True, there are no legal issues to be hurdled should we choose to terminate

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him as there will be no discrimination or appearances of discrimination in terminating him, still his being a good asset to this company is too much to lose. Should we terminate him, his cause of action against us will be for breach of contract since he is a contractual employee.

And we could defend that in court since we downsizing and redundancy of positions is a just cause for termination employment. Nora Manson We are retaining Nora Manson also because of her good overall track record. She has an above average performance rating. Her skills in public speaking and customer relations are very important for our company. We are a sales-intensive company, and we need people who can relate to our clients and customers. Case in point, Nora Manson rescued two big accounts through her communication skills in the last three months.

She is an above average performer in her job in handling upset callers, telemarketing, preparing for and closing sale, and active listening. We need people who can sell like that. In addition, she is second to Carl Heimes in absenteeism. She is dedicated. Perhaps she just lacks motivation. Nora Manson is also young, in fact, the youngest of all the five candidates. This means she is trainable and she has more years to give to this company. She has a lot potential and it would be wrong to let her go as of this moment.

Her low productivity rating can be cured by training and by providing more incentives for productivity. As afore-mentioned, we just need to motivate her and she can release all her potential. She is young and she still has a lot to learn. But when she ripens, we will reap our reward in retaining her. Should we choose to terminate Nora, we can raise her low productivity rating as a just cause and a valid ground. Among the five candidates, she has the lowest productivity at a below median rating.

This is a just cause for termination and can be made more viable because of the closure of the online distribution department which makes her position redundant. In legal parlance, this will fall into the business judgment rule and we will be facing no legal obstacle in terminating her services. Perhaps the only possible appearance of impropriety in terminating her is because of her African-American origin. Under our employment termination laws, there is a presumption of discrimination if the termination is based on national origin or race, or it appears to be so.

Thus, should we terminate her, she may have a cause of action against us for discrimination However, this is not likely to succeed because we are not terminating her because we are bigots, which we are not. Moreover, she has the burden to prove that there was discrimination and it is not likely that she will be able to do so. In addition, she is also a contractual employee, like Carl Heimes. Should she raise breach of contract as her cause of action, we can also defend that in court for the same reason discussed in the case of Carl Heimes.

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