This article was written with the help of the author: Catalina Young is a bachelor in English philology and sociology at California University. She is currently working as one of the best writers and one of her works you can find here https://exclusivepapers.net/business-letter-writing-services.php She also studies feminine psychology.
The terms “wrongful discharge” and “unfair labor practices” sometimes are used interchangeably. However, these terms have different meanings as regards employee and labor relations. It is important to determine what is meant by “wrongful discharge of unfair labor practice.” There are some practices in the King Company that can be classified either as wrongful discharge or unfair labor practice.
Wrongful discharge occurs in several instances. First, when an employee is dismissed because of intending to or supporting a strike or protest especially against the employer. Second instance is related to an employee being discharged due to pregnancy or refusal to accept an assignment. Moreover, dismissing any worker on the discriminatory basis, such as gender, race, disability, religion, or political affiliations, is also deemed wrongful discharge. Additionally, when an employer cannot prove that they dismissed an employee due to inability, misconduct, or legitimate operational needs, the employee, in this case, would be discharged wrongfully. On the whole, the employer should not discharge the employee without informing them by a dismissal letter.
On the other hand, unfair labor practice involves such actions as refusal to honor the terms of contract, failure to act fairly in relation to promotion, demotion, benefits, and training. In addition, some actions aimed to suspend or discipline the workers may result in unfair labor practice. Thus, dismissing an employee without a disciplinary procedure is wrongful discharge. First, before termination, employers should inform their employees of their intention giving them a written notice. Second, the employer should ensure that the termination was proved to be proper. This procedure includes presenting the causes of dismissal to the employee. Thus, the employee will not feel that they have been discharged wrongfully.
Furthermore, in case an employee is discharged without a disciplinary procedure, the employer must act promptly. First, if there are no legitimate reasons to discharge an employee, the employer should consider reinstating the employee to avoid a possible lawsuit. However, if the employee was discharged due to such issues as the downturns of profits and need to reduce expenses, the employer should ensure that the employee understands these concerns. Moreover, the employer should guarantee any pending benefits and compensation.
The National Labor Relations Act identifies some practices of the management that could result in the National Labor Relations Board (NLRB) charging the company with illegal practices. The King Company follows some of these practices. For instance, a former employee in Design Department, Bertie, claimed that she was sexually harassed and HR did not respond promptly enough. Her attorney reports that an official in HR told Bertie to stop complaining, and the HR Hotline also failed to help. Sexual harassment and failure to address the issue are illegal practices that could result in a lawsuit against the company. Second example of such practices is associated with the reimbursement policy for tuition fees being cancelled without the company notifying the employees. For instance, when the affected employees like Argonta presented the claim, the benefit coordinator arrogantly reported that the Company did not require an MBA for the position occupied by Argonta. Furthermore, it is illegal to dismiss an employee taking leave under the FMLA policy. To emphasize, when Tonia Putt went on a family medical leave, she stopped receiving her salary, and her checks started to bounce. As a result, she would like to get an attorney to assist her in forcing the company to reimburse for all the fees, which means that there is a possibility that the King Company would be facing a lawsuit. Moreover, it is illegal to reschedule lunch breaks for employees. For example, in Production Department, the production foreman tends to schedule lunch breaks in accordance with his own desires.
The NRLB illegal practices in the King Company must be addressed. Concerning the benefits and compensation system, the company should introduce comprehensive training programs to educate the employees. Thus, each employee will be aware of the amount of benefits they are entitled to. In addition, concerning the issues of any cancellation or amendment related to such benefits as tuition fees, the employees should always be involved. In other words, the management of the King Company should not impose policy changes authoritatively without consulting with the employees. In addition, in cases of reductions in salary and other allowances, the management should try to reimburse the fees to ensure that the employees are not forced to have overdrafts. Moreover, by forming and maintaining collaborative teamwork, it will become easier to complete any task in time. Consequently, such issues as rescheduling lunch breaks will be eliminated. It will also become easier to develop effective communication that is important in addressing burning issues related to harassment. More importantly, the King Company should form a special unit that will deal specifically with sexual harassment. Thus, the employees will have confidence that the management will address such problems rather than ignore them.
Furthermore, the King Company should discourage the unionization of employees in a way that will avoid unfair labor practices. First, the individuals holding management positions should not interrogate employees about their support of any union. Second, the leaders should not interfere with the employees’ choice of representatives for collective bargaining to address their grievances. The managers should not coerce the employees to forget their complaints against the company by threatening the employees with dismissal.
In conclusion, wrongful discharge occurs in several instances. These include discharge for supporting strikes and protests, refusing to take life-threatening assignments, and discriminatory practices. On the other hand, unfair labor practice involves such actions as refusal to honor the terms of contract, failure to act fairly in relation to promotion, demotion, benefits, and training. In addition, when an employee has been discharged without a disciplinary procedure, the company should present the legitimate reasons and settle all pending benefits. Notably, there are practices followed by the management of the King Company that could result in the National Labor Relations Board (NLRB) pressing charges against the company. These practices are associated with ignoring the complaints of sexual harassment, dismissing employees on leave, and cancelling reimbursement policies. Therefore, the King Company should change its managerial style accordingly and create training programs for the employees. It is also crucial for the King Company to discourage the unionization of employees in a way that would not lead to unfair labor practices.