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Fired by Tony Marks Rykoff-Sexton, Inc.

, was a leading manufacturer and distributor of high quality foods and related non-food products and services for the food service industry in the United States. There were about 25000 employees worked on it.The company's regional facility was located in La Mirda,Calofornia,with its corporate headquarters located in Chicag,Illinois. Facts of the case: - Tony Marks had 5-6 years prior industry experience before being hired at RykoffSexton, Inc., as a sales representative. -Tony worked directly under 3 individuals during his employment at Rykoff- Sexton, Inc. as a sales representative covering both the San Fernando Valley and West Los Angeles areas: 1- Rob Resnick- hired Tony, on October 28th, 1994 and he remained under his supervision for the first year or so Tony had a personal relationship with Rob 8 years prior to working at Rykoff Sextn, Inc.Tony underwent an intensive training program for a three month period when he was hired. 2-Mike Bergren began to work with Tony as of the fall of 1995 Tony received an oral warning, from Mike in November 1996 to improve his sales, or a possible disciplinary action could take place 3-Hank Smith, took over Marks region as of December 1996 In January 1997 Tony received a written warning for poor performance. On February 6th 1997 Tony was informed by Hank that a business decision was made to terminate him due to continued poor performance and for failure to meet monthly sales quotas. -There were no set territories for the sales representatives at Rykoff. -Sales representative walked into an account without knowing if it was already being serviced by fellow Rykoff salesperson, or served by the competition. -There were not enough new establishments opening where Tony could have the first chance at getting the business. - Regional sales managers received bonuses on how well his region performed compared to others, and it was his responsibility to see that each sales representative met their yearly sales quotas.

Interference from the case: 1-All employees who are Working in a profit organization and especially in a sales department required to be active and clever in achieving goals or targets to gain personal benefit, bonus and commission. 2- Tonys personality, of being easy going, getting along with everyone he came in contact with and was always willing to help others although are good traits but may not have been what was needed for a sales representative where the competition was high. His approach of working as hard as you can will lead to rewards for you success is not necessarily true when dealing with a sales quota and in such a competitive market. He should have had an approach of not just working hard but of researching of means to win clients and increase sales. He should have been more interested, and took advantage of the opportunity to learn the successes of the Regional Sales Managers that he worked directly under to gain skill, knowledge and ability to be promoted. 3. In the short run,it seems as Rob had taken a personal interest in Tony, probably because of their friendship and wanted him to be successful, which was of great help to him. Although Tony got along with both Mike and Hank, the relationship was business only and their main concern was that their sales representatives reach their sales quota, which would lead to them receiving a bonus. 4- Changing in behavior could influence different reaction in the workplace such as when Tony went to meet Rob after he received the final termination then Rob secretary told Tony that he is too busy to meet him . Problem recognition The fact that Tony was hired based on his personal relationship with Rob and not through the regular hiring process could have been a problem. If interviews were conducted for the position, a more suitable person for the position may have been hired and been more successful in this particular position. The fact that in a short period of time Tony had three different supervisors was not to his benefit especially keeping in consideration that the reason that he was hired in the first place was due to a personal decision and out of the office relationship and not on a professional basis. Although Tony worked for Rob for a year or so and during the first year he was considered to be in line with the other trainees goals and considered to be in the middle of the pack Mikes philosophy was as long as you put in a good days work, that was okay with him, was not true or practical. It was clear that what was most important to him was his sales, as he made clear from the oral warning given to him after being under his supervision for nearly a years time, although Tony did always put in a good days work. It was clear that during Tonys employment there was a problem of not enough new establishments opening in Tonys area, and to what extent can he increase his sales from already existing clients. However Mike did give him an opportunity by giving him some of Guss clients, and Tony still was unable to reach his sales quota. I would expect at the end of the year that Mike thought that if he had given Guss clients to the new

representative he could have been more successful in his region and in return his region sales would have been more successful. The fact that there were no set territories at Rykoff was a disadvantage to Tony, and his easy going personality probably did not help matters. Hank gave Tony his formal warning in January based on him not reaching his quota for 1996 and informed him of his new monthly sales goals to achieve and then terminated him in February before giving a chance to change and improve his sales. Possible problem solution : Hiring Referrals : Ryakoff Company didnt go through the regular recruitment and selection process to be able to chose the most appropriate candidate for the sales representative position and it was acceptable related to the size of company plus employee numbers and the importance of the position . On the other hand,"over the time recruiting through referrals has become one of the major recruitment sources. There are many companies that encourage referring family and friends of current employees as there are that totally prohibit this practice. Hewlett Packard recruits almost 40% of its recruits through a referral program". There is no harm in hiring a close family member or friend but the fatal error is not screening these referrals as you would other candidates ,Simply because someone is the brother of one of your key top performing employees does not guaranty that he is of the same caliber. Raykoff failed in hiring Tony relating to the following: 1 Flawed hiring processes by depending on referral hiring. 2-Focusing on irrelevant past experience and skills. 3-Failure to clearly communicate expectations up front. 4-In Business managers set priorities to suit their goals. 5- Changing managers in short period is unhealthy for the work and the employees. Orientation and Training Effective orientation plays a large part in reducing employee turnover and increasing his productivity, Tony did receive a 3 month intensive training course, the managers could have thought of other means to try to develop his work maybe by bringing to his attention that it is not always enough just to work as hard as you can and always be willing to help others. In a competitive business it is essential to think of your own wins or sales, you must work hard but you also must be open minded, creative and learn from the successes of others.

Performance Appraisal "In choosing an appraisal system, HR professionals should consider their own organization's needs for performance appraisal. Key considerations are (1) whom the company should evaluate, and (2) what criteria should be used to evaluate". Performance can be appraised after project is completed ,quarterly, semi- annually or annually. In our case I didnt notice any formal appraises happened during Tonys' work. Rob should appraise Tony's learning especially after the three months training course through taking into consideration the quantitative and/or qualitative factors, competencies ,frequency of behavior,job result,. Unfortunately, the relation among Tony and Rob prevents to have a formal appraisal for Tony to give him a useful performance feedback. One year later Tony got a new manager "Michael" , after six months of working together Michael gave Tony Guss clients in spite of it was obvious that he was having difficulty with his sales. That would have been the perfect timing for Michael to make clear to him that this was an opportunity that he must take advantage of to increase his sales, since the bottom line the fact is his remaining in the company or not relies independently on that. He could also at that time offered him advice or guidance on ways to overcome his obstacles that he was facing. If the problem existed mainly due to the lack of new establishments than the sales managers could have considered moving Tony to a new area thereby being more successful and gaining more sales for the company. Although Mike did give Tony some Guss account he/ another sales manager could have advised Tony on ways of gaining more sales from his personal experience and success in the field. Tony was most successful when working with his friend, especially since he was concerned of his success, maybe if the other sales managers gave more concern to Tony individually they would have been more successful in getting him to reach his monthly and annual quoto. Termination (Firing): "Sometimes coaching and partnering are not enough, and we must take disciplinary action." So we can begin this action after documenting the performance problems in the employee's Performance Review and keeping notes about performance-related discussions that arise during one-on-one meetings with the employee. we should also create a formal Performance Improvement Plan to deal with performance issues. Its very important to know that the manager cant not begin the progressive discipline process without first consulting his/her HR Manager. The progressive discipline process have the following steps: 1- Verbal Warning: we must be specific about the issue and how the employee should resolve it.. 2- Written Warning - should be reviewed for legality by HR Manager. 3-Probation . 4- Suspension. 5- Termination of Employment.

Unfortunately, in our case Ryakoff didnt follow the above steps in spite of the first two steps were done but they didnt give Tony time to improve his performance. The period of timing of Tony receiving the informal warning (November 1996), the formal written warning (January 1997) and termination (February 1997) were very close to each other and did not give Tony a fair enough chance to improve his sales. Although Tony did receive warning no assistance or guidance was received from his managers to contribute to his improving his performance. On the other hand,Hank followed the firing process in a good way which is begin in the warnining notice,having a valid resound,schduale a meeting,pick the place,respectful,closing the termination meeting on a positive side,conducting a safe exit interview,and finally preparing the final paycheck this not only helps drive home the finality of the decision ,but also ensures that the employee wont worry whether he/she will receive a final paycheck."(Linda and Donna,2006). The action that Raykoff company must follow before reaching to firing step : 1-Be clear about duties when an employee is hired. Provide a job description the employee signs off on to prove he or she understood the duties s/he was taking on 2- Discuss with employees any behavior that is immediate grounds for termination. Don't wait until behavior is already occurring. 3- Give annual performance appraisals. Evaluate employee work at least once a year and document deficiencies in performance versus your expectations or the actual job requirements. 4- Act quickly when problems are noticed. Be sure to communicate performance problems as soon as you are aware of them, and coach staffers on how to improve. 5- Retain a record of the disciplinary action. Have the employee sign some sort of document outlining the conversation in order to cover yourself. It should specifically state that the employee is not admitting fault, but has been told that job performance is not satisfactory. 6- Give benchmarks to meet. You can't expect all problems to be solved immediately, so giving a timeline and some improvements attached to deadlines will help show improvement (or not). If the employee continues to underperform, be sure he or she understands that improvements must match benchmarks or the employee will fail to meet expectations and be terminated. 7- Make a plan on how you will proceed without this employee. 8- Prepare to fire. In addition, a well-written employment contract can help to avoid a lawsuit when an employer chose to fire an employee .As an employee we must read our organization handbook very well and know our rights that related to the law in our region . "To reduce the chances of a lawsuit, it may be advisable to delay firing an unsatisfactory employee until some time after their compensated leave".( Christopher J. Allen DVM, JD,2008).

BIBLIOGRAPHY : Christopher J. Allen DVM, JD,"Firing employees on worke's comp can present challenges", DVM newsmagazine,2008.PP.38-40 J. Christa Thomas, "Terminating an Employee: the Dignified, Legal Way" Journal Canadaone,June,2000. Linda M.Magoon,Donna De St Aubin,"50 Plus One Tips When Hiring & Firing Employees, Encouragement Press, LLC, 2006. http://www.allbusiness.com/human-resources/workforce-management-termination/10741.html http://www.dattnerconsulting.com/presentations/performanceappraisal.pdf http://www.cmu.edu/hr/hr_services/emp-relations/discipline.html http://www.explorehr.org/articles/Performance_Appraisal/Evaluation_Criteria_in_Perfor mance_Appraisal.html http://www.impacthiringsolution.com http://www.wikihow.com/Fire-an-Employee http://www.writeforhr.com

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