Critical Incident: It’s Not Fair! Giving More and Getting Less!

 

 

Elaine Pierce had worked for the city of Metropolis in the water and sewer department for over two decades. She began working at age 17 when she was a junior in high school but she never graduated. Her 20-some years of hard work paid off when she was promoted to second shift supervisor two years ago. She had taken some management training programs offered by the local community college and felt that she had honed her management skills and was deserving of the promotion. She was proud of her accomplishments and was known as being thorough and conscientious to train and develop new hires. She was pleased with her success as a supervisor, but knew she still had a lot to learn. She reflected on the events of the past 24 hours.

In recent years, the city had struggled in balancing its budget. Therefore, there had been no raises, and employees were paying a higher medical premium. The local area was known as a place that attracted a large number of Bosnian, Asian, and other refugees. With the help of churches and social service agencies, the city had brought a large number of them into city employment. These employees were offered English as a second language course and other professional development and social skills courses. In addition to paying the cost of these courses, the city paid each employee for four hours of training each week.

Last night, Elaine was approached by Faith Newman, who expressed her concern about not having a raise for the last two years and her disagreement and frustration with the city’s pay policies. Newman was upset because she had learned that Hu Twong was making $0.50 per hour more than she. According to Newman, Twong had been employed by the city for four months, and she had been employed for 12 years. In addition, Twong was getting four extra hours of pay each week because he did not speak English well.

“I was under the impression that pay is a reward for doing the job well and working for the city a long time,” Newman said. “Experience doesn’t seem to matter. It’s not fair!”

After consulting HR director Evan Maloney, Elaine was really confused. Maloney explained that the HR department determined all pay rates. The mayor and the city council had dictated that no raises would be given in the last two years. Each job classification had a wide wage range, but seniority and experience differences had become nonexistent. Maloney confirmed that some of the new employees had been hired at higher rates than longer-term employees. Maloney explained to Elaine that city administration looked unfavorably on discussing wages with current employees. Maloney reminded Elaine to reaffirm that the city administration had been pleased with Newman’s work performance and that the pay situation was beyond the city’s control at this time. In conclusion, Maloney asked Elaine to try to soothe her employees’ feelings about pay as much as possible and to be patient. “Things will change sooner or later, and the more senior employees will be taken care of,” Maloney assured Ellen.

After reading the case, submit your answers to the following questions:

Is it legal for employers to have policies prohibiting employees from discussing compensation? What statistics can you find on the prevalence of such policies by U.S. companies? (Research the issue and provide legitimate sources for your answer. Ex. Wikipedia is NOT considered an appropriate source for scholarly justification).
Are policies against wage discussion among employees just to protect supervisors and HR managers from having to explain differences in wages? Why or why not?
Pierce thought that Maloney’s response to her inquiries was inaccurate. Do you agree? If so, how might the situation have been better handled?
From chapter 7, which motivational theory do you think is most applicable in this case? Why?

 

Sample Solution

Combatants are people who are involved directly or indirectly with the war and it is lawful to kill ‘to shelter the innocent from harm…punish evildoers (Begby et al (2006b), Page 290).However, as mentioned above civilian cannot be harmed, showing combatants as the only legitimate targets, another condition of jus in bello, as ‘we may not use the sword against those who have not harmed us (Begby et al (2006b), Page 314).’ In addition, Frowe suggested combatants must be identified as combatants, to avoid the presence of guerrilla warfare which can end up in a higher death count, for example, the Vietnam War. Moreover, he argued they must be part of the army, bear arms and apply to the rules of jus in bello. (Frowe (2011), Page 101-3). This suggests Frowe seeks a fair, just war between two participants avoiding non-combatant deaths, but wouldn’t this lead to higher death rate for combatants, as both sides have relatively equal chance to win since both use similar tactics? Nevertheless, arguably Frowe will argue that combatant can lawfully kill each other, showing this is just, which is also supported by Vittola, who states: ‘it is lawful to draw the sword and use it against malefactors (Begby et al (2006b), Page 309).’ In addition, Vittola expresses the extent of military tactics used, but never reaches a conclusion whether it’s lawful or not to proceed these actions, as he constantly found a middle ground, where it can be lawful to do such things but never always (Begby et al (2006b), Page 326-31). This is supported by Frowe, who measures the legitimate tactics according to proportionality and military necessity. It depends on the magnitude of how much damage done to one another, in order to judge the actions after a war. For example, one cannot simply nuke the terrorist groups throughout the middle-east, because it is not only proportional, it will damage the whole population, an unintended consequence. More importantly, the soldiers must have the right intention in what they are going to achieve, sacrificing the costs to their actions. For example: if soldiers want to execute all prisoners of war, they must do it for the right intention and for a just cause, proportional to the harm done to them. This is supported by Vittola: ‘not always lawful to execute all combatants…we must take account… scale of the injury inflicted by the enemy.’ This is further supported by Frowe approach, which is a lot more moral than Vittola’s view but implies the same agendas: ‘can’t be punished simply for fighting.’ This means one cannot simply punish another because they have been a combatant. They must be treated as humanely as possible. However, the situation is escalated if killing them can lead to peace and security, within the interests of all parties.

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