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UH TELS 3345 - Chapter 13 Case Study 1

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Christian SalazarUH ID: 0979809Chapter 13 Case Study 1 Case 1: This case a very good example in where employee rights and employer responsibilities may result in conflict.1. Given the facts of this case, should John have been discharged? Why or why not?After reviewing the facts of the case if John worked In Texas where it’s a right to work state, of course he should have been fired because the company can fire him without any explanation as long as he does not get fired under a protected class law. Furthermore, if John’s off-duty behavior was truly indicated in the company’s code of conduct for employees the employer does have a right to terminate him. I do see some ambiguity in the code of conduct which states, “Employee off-duty behavior in no way should reflect unfavorably upon the company. If John was wearing AEM uniform or anything company related during his visit to the pornography shop then that is enough proof to fire him. The company should have disciplined him and sent him to ethics classes since he brought a lot of business to AEM through his excellent sales record. 2. Should the sales representative of AEM be held to a higher standard of personal conduct than sales representatives for other types of organizations? Explain.Yes, sales representatives of AEM should be held to a higher standard of personal conduct than sales representative for other types of organizations because his job deals with providing high quality educational books and supplies to junior and senior high schools. His job virtually revolves around the educational system and being in an atmosphere with kids 10-17yrs old. Just one incident like this or one where a child was abused by an AEM employee would destroy the company and thus face millions of dollars in lawsuits. AEM needs to conduct thorough background checks for all incoming new employees since they will be around kids. 3. Should management have considered John’s past work record before deciding on discharge? Explain.As the case stated, John was a senior sales representative for AEM and had a tremendous 12 years with the company. John has been known to be an outstanding employee with an excellent sales record. Management definitely should have considered John’s past workChristian SalazarUH ID: 0979809record before deciding on his discharge. The company could have taken other steps like relocating him to another location and taking progressive discipline on


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UH TELS 3345 - Chapter 13 Case Study 1

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