Perform a critical legal analysis of the policy

Assignment Help Business Law and Ethics

Reference no: EM133314414

Problem

The Human Resources (HR) Manager of Cedarville, a small city experiencing rapid growth, believes that the city's HR policies need updating.

The handbook includes a lengthy section on termination.

The section begins by stating: "It is the policy of Cedarville to retain to the extent consistent with company requirements, the services of all employees who perform their duties efficiently and effectively."

It defines "the types of termination" as "layoff," "discharge due to performance," "discharge, disciplinary," "retirement" and "resignation."

Layoff is a termination caused by lack of work.
Retirement a mutual termination decision because of age.
Resignation a termination on the initiative of the employee.
Discharge due to performance and "discharge, disciplinary," are both terminations for cause.
There is no category set forth for discharge without cause.

The termination section includes "Guidelines for discharge due to performance," consisting of a detailed procedure to be used before an employee may be fired for cause.

In a separate section of the handbook is a policy prohibiting employees from making any public statements which are critical of City of Cedarville, its tax policies, or its elected officials. Employees are also prohibited from joining any organizations whose purpose or general messaging is critical of Cedarville or government in general, including joining Facebook groups. Employees who violate these provisions are subject to discipline, up to and including termination.

You are the HR Manager for the City of Cedarville. You are planning for a meeting with the City Attorney to consult about the city's HR policies mentioned above to determine if changes should be made. Your goal in preparing for the meeting is to perform an initial assessment of the potential legal issues with the policies.

QUESTIONS:

1) For the termination policy, please respond to the following:

1) perform a critical legal analysis of the policy, including liability concerns; and

2) recommend specific changes to the existing policy.

2) For the regarding speech and association policy, please respond to the following:

1) perform a critical legal analysis of the policy, including liability concerns; and

2) recommend specific changes to the existing policy.

Reference no: EM133314414

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