Question

Bryce Holiday Wants a Sorter

Harry Jordy has come to you with a problem. Bryce Holiday is a manager in his department (Manager of Procurement) responsible for acquiring new supplies and resources for the park. He has been employed with the park for just over two years. According to Harry Jordy, Bryce has been an enthusiastic employee. Bryce recently took a vacation to London and learned about a new sorting device that would make processing purchase orders easier. He sent over a dozen emails to Harry about this sorter while on his vacation.

Upon his return to work today, Bryce came to Harry’s office and following some friendly chatter about the trip, Harry turned the discussion to the purchase of the sorter. Harry advised him that while it sounded like a good idea, it was not something that interested him during this year’s budget. Bryce said that as Manager of Procurement, he had a budget to work with and it was within his authority to make acquisitions of this nature if he came in within budget. Harry advised him that be that as it may, he did not support the purchase of a sorter this year and would override his decision. Bryce insisted that he had never needed authorization before. Harry replied “Well, I guess the extent of your authority has just been altered then”.

According to Harry, Bryce became upset and an emotional confrontation ensued. Bryce said that he was under-valued and under-appreciated. He broke down into tears and Harry tried to reassure him. Harry’s reassurances failed, however, and Bryce became hostile. Bryce swore at Harry, calling him all sorts of names. He crumpled up a paper and hit Harry in the chest with it and stated, “You are an ****ole”. Harry admits he lost his patience and told Bryce that if he was that unhappy, he should look for another job. Upon hearing this, Bryce took out his office keys, placed them on Harry Jordy’s desk and said, “good luck with your park”.

According to Harry, Bryce has effectively resigned today and asks you to proceed with whatever protocols are in place under the circumstances, including removing Bryce from access to the computer system and database, paying out whatever is owed to date, and handling the necessary paperwork.

1. Based on the information that Harry has provided, what concerns should you discuss with Harry about the nature of this resignation? Identify ways in which you might minimize these legal risks at this point.  

2. Based on the information that Harry has provided, what concerns might you have regarding the fact that Harry appeared to have unilaterally changed Bryce’s “job authority”? What legal risk does this present? Identify any other relevant information that you may need to fully explore this possible legal risk and explain how/why it is relevant. Finally, identify strategies that you might consider at this point to minimize your legal risk in this regard.

3. After hearing your concerns, Harry asks you whether Bryce can be terminated for just cause based on his insubordination (verbal outburst and throwing paper). Identify the legal risks in pursuing this option and discuss how you would assess that option. What other factors would be relevant for that discussion (explain how/why they may be relevant). Finally, identify how you would best deal with this aspect of the issue.

Answer 1

1.& 2. I would suggest Harry discuss this in person with Bryce and compromise on mutual grounds to reach a solution, otherwise there could be legal actions against both Harry and Bryce. Bryce offcourse behaved in a wrong way and could be charged with attacking Harry and verbal misconduct at workplace, however Harry could also be charged for following unfair workplace ethics, as he took away the rights Bryce had on individually.

I would also suggest Harry to consider the fact that Bryce had been emailing Harry for a while and he never sent a confirmation or decline on his proposal in written, and also never discussed rejecting the idea with management with proper reasoning, which shows negligence on his part and if this is dealt legally, it would go against Harry for using his power inappropriately and instigating Bryce when the argument happened.

So, to avoid any legal risks, compromising and settling the situation, rather than accepting resignation from Bryce would be the best option, which I would advise him.

3. I would also suggest to Harry that Bryce shouldn't be terminated for verbal outburst and throwing paper because it was instigated by unfair practices and actions of Harry. Thus both Harry and Bryce would be legally at risk. And If Harry takes any action against Bryce, it could turn ugly on him as well.

Finally, in my opinion compromise would be the best option, and adhering to workplace ethics and conduct would be the future of the solution.