Reference no: EM133288738

Assignment:

Randy Davis is a manager in the Facilities Department at Hudson College. He is the team leader of employees who work on landscaping, make minor repairs to the buildings, load and unload deliveries He reports to Brad Tomlinson, who became the director of facilities 3 months ago.

Davis has been employed by Hudson College for nearly 30 years. He is 58 years old and one of the most senior employees in the department. Randy is authorized and certified to operate a hi-lo and does so as needed. Davis has typically been a good worker but recently co-workers have noticed his morale has declined; he's more irritable and moodier. It is known that Tomlinson is not pleased with Davis. In Tomlinson's view, Davis is resistant to change and always has a reason for why it "can't be done that way".

Last week Davis was driving a hi-lo when, according to him, the brakes failed, "they locked up." As Davis tried to get the vehicle under control, it tipped over. Davis was not wearing a safety belt and he fell out suffering a concussion and an injury to his hip that required surgery.

Janice Palmer witnessed the accident. She confided to Tomlinson that Davis was driving "pretty fast" when he turned a corner and the hi-lo tipped over. She pointed out what appear to be skid marks on the floor, which could indicate that the brakes had engaged, and perhaps Davis was driving too fast. It could also indicate that the brakes locked up when Davis went to engage them. An inspection of the hi-lo showed wear and tear on the brakes but was inconclusive as to whether they worked properly or locked up at the time of the accident.

Davis will be out of work for 4 months. It is expected he will then be able to return to work. While there will be temporary restrictions on what he can physically do, the only permanent restriction will be that he cannot sit for more than 2 hours at a time without a break to stand up, walk around and stretch for 10 minutes. Given Davis's normal duties the college should be able to accommodate Davis' temporary an permanent restrictions without a problem.

Typically, all accidents and surrounding information are reviewed by Janet Mullins, director of human resources. Mullins likes to review these cases to makes sure all the legal bases are covered and considered. She just reviewed the Davis accident and medical records sent to Hudson College for his personnel file. Interestingly, Brad Tomlinson asked to meet with Mullins to discuss Davis shortly after the review..

During the meeting, Tomlinson, not so subtly implied that he thinks it is time for Davis to "retire" and "move on or out." Whether Davis was driving too fast or he was unable to adequately manage the vehicle, Tomlinson does not think Davis is up to the job any more.

"He's stuck in the past and has a bad attitude. He's not good for the department." Tomlinson told Mullins. He finished his assessment of Davis by saying, "And, I'm not sure we even need a manager any more, he's a pretty expensive employee."

Mullins thanked Tomlinson for his input and told him she will consider the options.

Before Tomlinson left, Mullins expressed her concerns about safety in the Facilities department. The Davis accident was only 1 of 6 accidents in the department that have led to lost work time ranging from 3 days to 3 months. Mullins told Tomlinson, she understood 4 of the 6 accidents occurred before he took over, but Mullins is concerned about the trend.

QUESTION:

Like many of the situations that land on Mullins' desk, this one raises a variety of possible legal issues that will have to be considered and navigated. Throughout your textbook, the authors have identified many legal issues that HR professionals must keep in mind as they make strategic and situational decisions. Based on the scenario, identify the 4 most applicable laws or legal issues that apply. Explain why you believe the law applies to the situation; what Hudson College's obligation is under each law.