The Case of the Blueberries You are the Director of a nursing home. Recently, th

Question

The Case of the Blueberries You are the Director of a nursing home. Recently, three of your employees were caught on camera taking blueberries from the food trays for residents. The Manager of Food Services fires the employees for theft. The food is not for the employees; it is for the residents. The Manager also wants to set an example because theft is a problem among employees. Unfortunately, it is common for items such as silverware and food to go missing from the kitchen. All told, there is an estimated $90,000 a year in lost inventory that needs to be replaced. The employees claim they did not steal the food. They say everyone who works in Food Services eats food that is made for the residents. The employees are begging for their jobs back. One employee is the sole provider for his family, and cannot afford to be unemployed. Another employee has a sick child and cannot afford to lose her health insurance, let alone pay for COBRA. The third employee has two kids in college. The employees and their union wish to take their case to arbitration. Their argument is the following: 1. 2. There is a culture in the department of employees eating food for the residents, so it is wrong to make an example of these three employees. Acarton of blueberries only costs $3.00 and the employees are willing to pay that for the fruit they ate. The employees each have excellent service records and are long-term employees The employees are sorry for what they did. The employees and their families are suffering. 3. 4. 5. Whether the case is taken to arbitration is your decision. Please draft a 2- to 3-page essay that analyzes whether to go to arbitration, reinstate the employees, or settle the case. Make sure to also answer the following questions: 1) Is it ethical to make an example of these employees by firing them? Should the employees' personal circumstances factor into your decision and why? For your cost-benefit analysis, keep in mind the following: 1. The cost of the arbitrator is $2,000 for each day of hearing and each day to write a decision, plus 2. The cost of the court reporter and 3. L travel expenses. Assume the bill for the arbitrator will be between $5,000 and $10,000 transcript, for one day of hearing plus printing costs, is about $800 egal fees for the attorney that represents you will likely be $20,000 to $25,000 for this case if it s to arbitration. The annual salary of the workers is $35,000. It could take up to a year for the hearing to be scheduled, and at least a month (probably more) for the arbitrator to write a decision. If the Nursing Home loses and has to pay back pay the cost will be a minimum of $105,000 (assuming t takes a year for the case to be heard and decided) plus reimbursement for COBRA benefits that Choosing to reinstate the employees after they stole from the Nursing Home may send the wrong message to others. 5.

Explanation / Answer

1. Ethically, firing may be right , but may not be the complete solution to this ever-existent menace. And the employees are right to a very great extent, when they say those who work in food departments tend to eat , what they prepare or serve --and that need not be blown out-of proportion.If the management feels that any of its serve is pricey, they need to keep those precious items of food & silver cutleries, under lock & key and release as & when wanted. Even though there is an urge to admonish the employees & give some sort of punishment to the employees who have erred, as substantiated by camera ,prudently speaking,it may not serve any long-term purpose for the nursing home. Given, the employees' arguments, it is seen that they are well aware of their mis-doings & seem to understand that the management is right in pointing out the theft .Also they are prepared to make good the loss/cost of blueberries,in fact, even over and above --which in itself will be a deterrent in future , and also a matter of shame ,especially , for employees with such good track records. That,they themselves feel sorry is more pertinent & assurance that such things may not recur. 2..The management's attitude in absolving ,in light of the personal circumstances of the concerned employees , will go a long way , and is certain to set a precedent and create an atmosphere of good will, which in itself is bound to prick the conscience of the long-standing employees --who in all probability have acted in a state of complacence or familiarity. The management should consider their personal circumstances.The families of long-standing employees with excellent service records (have worked for the company's welfare , all along) should not be left to suffer , due to their one thought-less behaviour . It is just best to go on record censuring and leave it at that. Even, if cost-benefit analysis ,is resorted to, it will not restore the items eaten or taken--only the productive time and all the goodwill earned so far , will turn soar-- and every other employee will take sides & gossips will multiply. It is not worth the effort or cost of arbitration --all going to practically stagnate productive work, leave alone, the termination costs to employees , even after recovering amounts of theft. Not to say, much about very many labor laws , that are possible to come to the employees' rescue,if the need arises. That said about the issue, It is best to be prudent & be careful henceforth,by taking steps to reduce employee theft, as total elimination in entirety is a near impossibility. The management should adopt fool-proof procedures while hiring & training and undertake supervision of employees. Best employer-employee relationships will minimise similar occurrences as also diminish the expenses towards arbitration/termination/lawsuit procedures --which are even more exhorbitant, not only in their monetary measurements, but also wastage of productive time & effort ,of all involved.

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