Learn the crucial first action HR managers should take when facing a wrongful termination claim, based on SHRM-SCP exam scenario. Protect your company with expert guidance.
Table of Contents
Question
Scenario: A year after a premium hotel opened in a medium-sized town, the discount hotel across town is forced to close. Many of their housekeepers and desk attendants get picked up by the premium hotel.
A few weeks later, the managers of the hotel notice that the former discount hotel employees are clashing with the other employees.
The hotel manager discovers that one of the housekeepers from the affordable motel is allowing family members to stay overnight at the hotel without paying. At the same time, an employee anonymously alleges that the facilities manager does not like the hospitality director and purposely delays and neglects completing room repairs, so they are not available for reservations. Ultimately, this reflects poorly on the hospitality director.
The hotel manager terminates the housekeeper. The housekeeper then threatens to file a wrong termination claim, stating that she did not know the policies were different from the affordable hotel where she previously worked.
What is the first thing the HR manager should do to resolve the wrongful termination claim?
A. Hold a town hall meeting with all employees to ensure understanding of company policies.
B. Reinstate the employee to allow for a thorough investigation to be conducted.
C. Provide coaching to the hotel manager on how to operate within the hotel’s organizational policy.
D. Contact general counsel’s office to find out if the hotel litigates or settles wrongful termination claims.
Answer
B. Reinstate the employee to allow for a thorough investigation to be conducted.
Explanation
The first thing the HR manager should do to resolve the wrongful termination claim is B: Reinstate the employee to allow for a thorough investigation to be conducted.
In situations involving potential wrongful termination claims, it’s essential for HR to conduct a comprehensive investigation before making any final decisions. Reinstating the employee during this investigative process helps mitigate legal risk by demonstrating good faith and avoiding the appearance of retaliation or rushing to judgment.
During the investigation, HR should:
- Gather all relevant facts and documentation
- Interview the employee, manager, and any witnesses
- Review company policies and the employee’s knowledge of them
- Assess if the termination was justified based on policy violations
Only after a thorough investigation can HR determine the appropriate course of action. If the termination was warranted, they can proceed accordingly. If not, they may need to remedy the situation, provide additional training, or take other corrective measures.
The other options are less appropriate as a first step:
A: A town hall is premature before investigating and could further inflame tensions.
C: Coaching the manager is important but secondary to investigating the claim itself.
D: Involving legal counsel may be necessary but is not the first action to take.
By promptly reinstating the employee and conducting a diligent investigation, the HR manager demonstrates commitment to due process, limits legal liability, and gathers the information needed to resolve the situation fairly for all involved.
SHRM Senior Certified Professional (SHRM-SCP) certification exam practice question and answer (Q&A) dump with detail explanation and reference available free, helpful to pass the SHRM-SCP exam and earn SHRM-SCP certification.