CASE 6

Fred, a 17-year employee with Sam's Sauna, was fired for poor job performance and poor attendance,
after accruing five disciplinary penalties within a 12-month period under the company's progressive
disciplinary policy. A week later, Fred told his former supervisor that he had a substance abuse
problem.

Although there was no employee assistance program in place and the company had not been aware of
Fred's condition, their personnel director assisted Fred in obtaining treatment by allowing him to
continue receiving insurance benefits and approved his unemployment insurance claim.
Fred subsequently requested reinstatement, maintaining that he had been rehabilitated since his
discharge and was fully capable of being a productive employee. He pointed to a letter written by his
treatment counselor, which said that his prognosis for leading a "clean, sober lifestyle" was a big
incentive for him. Fred pleaded for another chance, arguing that his past problems resulted from drug
addiction and that Sam's Saunas should have recognized and provided treatment for the problem.
Sam's Saunas countered that Fred should have notified his supervisor of his drug problem, and that
everything possible had been done to help him receive treatment. Moreover, the company stressed that
the employee had been fired for poor performance and absenteeism. Use of the progressive discipline
policy had been necessary because the employee had committed a string of offenses over the course of
a year, including careless workmanship, distracting others, wasting time, and disregarding safety rules.

Questions:

1) Should Fred be reinstated?
2) Was the company fair to Fred in helping him receive treatment?
3) Did the personnel director behave ethically toward Fred?
4) Did he act ethically for his company?
5) Would it be fair to other employees to reinstate Fred?

Answer

1) Should Fred be reinstated?

FRED  SHOULD  NOT BE  REINSTATED,

BECAUSE  HE had been fired for poor performance and absenteeism 

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Should Fred be reinstated?

Yes, Fred should be given another chance. Everybody needs to be given a second chance, and Ithink Fred should should be given one, especially since he had gone through a rehabilitationproblem and his treatment counselor's letter said that Fred's prognosis indicated a clean andsober lifestyle. Having said that, if Fred repeats his poor attendance and job performanceissues, he should be permanently relieved of his duties without any scope for reinstation in thefuture.

2) Was the company fair to Fred in helping him receive treatment?

THE  COMPANY   WAS  RIGHT  IN HELPING  FRED  TO  RECEIVE  THE  TREATMENT.

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Was the company fair to Fred in helping him receive treatment?

Yes, I think the company was more than fair to Fred in helping him receive treatment.

3) Did the personnel director behave ethically toward Fred?

YES, HE  ACTED  ETHICALLY  TOWARD  FRED.

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Did the personnel director behave ethically toward Fred?

In fact, I thought the personnel director went out of his way and helped Fred receive treatment.The personnel director behaved very ethically toward Fred by approving his unemploymentinsurance claim, which allowed him to continue receiving insurance benefits even after gettingformally discharged from his duties.

4) Did he act ethically for his company?

YES, he acted  ethically for his company 

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Did he act ethically for his company?

While I think that the personnel director behaved very ethically toward Fred, I still think heacted unethically toward the company by approving Fred's unemployment insurance claim. Thepersonnel director's act was unethical toward the company, especially when you consider thefact that the company did not have any employee assistance program in place and that Fred didnot inform the company about his drug problem earlier.

5) Would it be fair to other employees to reinstate Fred?

It  would  not  be  fair  to  other  employees  to   reinstate  FRED.

I don't think Fred should be given any special consideration, or be treated by Sam's Saunas in adifferent way when compared to the way it treats other employees. Sam's Saunas should treatFred in the same way as it would treat any other employee who has supposedly recovered from