1. Module 5 Reinforcement Activity Litigation Process An HR manager gets a voice mail from a supervisor, alerting HR that she has fired an employee who arrived for a shift 30 minutes late after being warned about tardiness. The supervisor fired the employee immediately because he began to use abusive language and threatened the supervisor physically. HR is familiar with the employee because he complained of discriminatory treatment when he received the first written warning about tardiness. Module 5, Activity 1, Slide 1© SHRM

2. Module 5 Reinforcement Activity Litigation Process The HR manager ponders his options. Should he:  Go immediately to the work area and gather information from employees there while their memories are fresh?  Hope for the best and see if the employee files a complaint.  Call the organization’s attorney immediately.  Begin searching through disciplinary records in this work area to see if there is merit to the claim. What would you do? Why? Module 5, Activity 1, Slide 2© SHRM

3. Module 5 Reinforcement Activity Litigation Process  Go immediately to the work area and gather information from employees there while their memories are fresh? Notes from these interviews will be subject to discovery if a complaint is filed.  Hope for the best and see if the employee files a complaint. What is the likelihood of an action, and what are the possible costs of defending the organization and possibly having to provide back pay?  Call the organization’s attorney immediately. What is the cost of attorney advice compared to costs of being unprepared for litigation?  Begin searching through disciplinary records in this work area to see if there is merit to the claim. What happens if the manager does uncover evidence of disciplinary inconsistency or supervisor bias during this research process? Module 5, Activity 1, Slide 3© SHRM

4. Is the item subject to a litigation hold request?YesNo Outdated employee handbooks Module 5 Reinforcement Activity Litigation Process Module 5, Activity 1, Slide 4© SHRM

5. Is the item subject to a litigation hold request?YesNo Outdated employee handbooks  Voice messages Module 5 Reinforcement Activity Litigation Process Module 5, Activity 1, Slide 5© SHRM

6. Is the item subject to a litigation hold request?YesNo Outdated employee handbooks  Voice messages  Work-related mail on a personal e-mail account Module 5 Reinforcement Activity Litigation Process Module 5, Activity 1, Slide 6© SHRM

7. Is the item subject to a litigation hold request?YesNo Outdated employee handbooks  Voice messages  Work-related mail on a personal e-mail account  Scratch notes from a meeting Module 5 Reinforcement Activity Litigation Process Module 5, Activity 1, Slide 7© SHRM

8. Is the item subject to a litigation hold request?YesNo Outdated employee handbooks  Voice messages  Work-related mail on a personal e-mail account  Scratch notes from a meeting  Outdated Web pages Module 5 Reinforcement Activity Litigation Process Module 5, Activity 1, Slide 8© SHRM

9. Is the item subject to a litigation hold request?YesNo Outdated employee handbooks  Voice messages  Work-related mail on a personal e-mail account  Scratch notes from a meeting  Outdated Web pages  Module 5 Reinforcement Activity Litigation Process Module 5, Activity 1, Slide 9© SHRM

10. The organization’s attorney has cleared the HR manager to interview witnesses to the blow up between the supervisor and the employee who has filed the complaint. What qualities should the person or persons chosen for this task possess? Module 5 Reinforcement Activity Litigation Process Module 5, Activity 1, Slide 10© SHRM

11. Module 5 Reinforcement Activity Litigation Process Unassailable impartiality Objectivity Excellent questioning skills (able to persuade interviewees to feel comfortable so that they answer freely and fully) Ability to listen closely and critically (able to use follow-up questions to obtain additional information, resolve inconsistencies in statements, or expose contradictions) Good note taker Module 5, Activity 1, Slide 11© SHRM

12. Module 5 Reinforcement Activity Collective Bargaining Agreements TopicMandatoryPermissiveIllegal Overtime Neutrality agreements Discharges Closed shops Layoff and recall Transfer Retiree benefits Holidays Module 5, Activity 2, Slide 12© SHRM

13. Module 5 Reinforcement Activity Collective Bargaining Agreements TopicMandatoryPermissiveIllegal Overtime  Neutrality agreements  Discharges  Closed shops  Layoff and recall  Transfer  Retiree benefits  Holidays  Module 5, Activity 2, Slide 13© SHRM