Case Study Critique: Performance Management
Introduction
In the United States, it is generally considered lawful for a public administration employee to be fired for poor performance. Public employees are employed at will, meaning that they can be terminated for any reason that is not illegal. Poor performance is not considered an illegal reason for termination, and thus public employees can be fired for this reason. There are some exceptions to this general rule, however. For example, public employees may not be fired for engaging in protected activities, such as whistleblowers. Additionally, public employees may have contractual protections against being fired for poor performance. However, these exceptions are relatively rare, and in most cases, it is considered lawful to fire a public administration employee for poor performance. One sensational case involving human resource management in public administration related to performance management is that of Linda Tripp, and it involves using poor performance as an excuse for termination but it also involves accusations of retaliation, whistleblowing, and cover-ups. It is therefore a good case study for understanding legal issues around how HR management should address performance management with public employees.
Facts
In 1998, Linda Tripp was fired from her job at the Pentagon. The reason for her firing was officially cited as poor performance, but many believe that she was actually retaliated against for her involvement in the Monica Lewinsky scandal (Hicks, 2014). Tripp had secretly recorded conversations with Lewinsky in which she detailed her affair with President Clinton, and these tapes played a major role in Clinton's impeachment proceedings. While Tripp's tapes were legal, her firing raised questions about whether she had been unlawfully retaliated against (Lee & Kleiner, 2011). However, a court ultimately ruled that Tripp was not protected by anti-retaliation laws, and she was not reinstated to her position at the Pentagon.
The Lewinsky affair began in November 1995, when Lewinsky, a 21-year-old White House intern, met 53-year-old President Clinton at a reception. Six months later, she was transferred to work as an aide in the Pentagons public affairs office. In 1996, Lewinsky confided in Pentagon co-worker Linda Tripp about her relationship with Clinton. The two women were recorded discussing the affair on 20 telephone calls made secretly by Tripp. When news of the tapes broke in 1998, Clinton denied having had "sexual relations" with Lewinsky. However, DNA evidence subsequently confirmed that Clinton had indeed had encounters with her. Following an investigation led by independent prosecutor Kenneth Starr, Clinton was impeached by the House of Representatives in December 1998 on charges of perjury and obstruction of justice. He was acquitted by the Senate in 1999. The consequences for Bill Clinton were his disbarment and being fined $25,000 for giving false testimony in relation to the Paula Jones sexual harassment lawsuit.
For Linda Tripp, she was given immunity from felony charges for taping phone conversations without permission; however still faced two lawsuits, one for invasion of privacy which was later settled, and defamation from Monica Lewinsky which was dismissed. She was also indicted in Maryland on two misdemeanor wire tapping charges; however these were later dropped. In terms of actual outcomes, President Bill Clintons reputation has been damaged as seen by him gaining the nickname Slick Willy however he remained popular throughout his time as president and since leaving office his favorability rating reached its highest at 66%.
For Linda Tripp, she was widely vilified in both conservative and liberal media outlets with The New...
…and that workplace policies are being followed. In order to effectively carry out these functions, it is important for HR management to establish a channel for reporting internally on issues. This way, employees can confidentially report concerns without fear of reprisal. Furthermore, HR can more easily identify patterns of behaviour that may indicate larger problems. Ultimately, by encouraging employees to speak up, HR can play a major role in creating a positive and productive workplace.Additionally, HR management teams are responsible for ensuring that their organizations are staffed with the right mix of skills and experience. A key part of this is establishing performance reviews, which help to identify training and development needs. Performance reviews also provide an opportunity for employees to receive feedback on their progress and set goals for the future. By conducting regular reviews, HR management teams can ensure that employees are being productive and contributing to the organizations success. In addition, performance reviews can help to identify any areas where employees are not meeting expectations. By addressing these issues early, HR management teams can prevent bigger problems from developing. Overall, it is clear that performance reviews are an essential tool for HR management teams. By taking these steps, human resources management can help to ensure that employees are aware of the organization's expectations and that they understand the consequences of failing to meet those expectations.
Conclusion
The case of Linda Tripp and her termination will probably remain controversial for as long as it is discussed. However, some issues that could have been addressed by HR from the beginningsuch as expectations, opening a channel for internal reporting, and establishing performance reviewscould have helped address the issue beforehand. Care of this kind can prevent a lot…
References
Cloud, J., & Barnes, E. (1998). Lucianne Goldberg: In pursuit of Clinton. Time, 151(4),44-44.
Hicks, J. (2014). 5 of the most famous federal whistleblowers. Retrieved from https://www.washingtonpost.com/news/federal-eye/wp/2014/07/31/5-famous-whistleblowers-from-the-federal-government/
Lee, K., & Kleiner, B. (2011). Whistleblower retaliation in the public sector. PublicPersonnel Management, 40(4), 341-348.
Muralidhar, K., & Sarathy, R. (2009). Privacy Violations in Accountability DataReleased to the Public by State Educational Agencies. In Federal Committee on Statistical Methodology Research Conference. Washington, DC: Federal Committee on Statistical Methodology.
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