Wrongful termination

The Human Resources departments in American companies – especially large ones – have become very careful in how they handle employee performance appraisals. Not only because they strive to develop their talent, but also in order to avoid lawsuits. Even well-designed appraisals can lead to a lawsuit if they are poorly implemented or applied in an inconsistent manner.

Because U.S. labor courts continue to make exceptions to the once solid At-Will doctrine, employers face greater requirements to prove legitimate business reasons for many personnel actions.

At-Will employment is a term used in American labor law for contractual relationships in which an employee can be dismissed by an employer for any reason and without warning.The rule is justified by its proponents on the basis that an employee may be similarly entitled to leave his or her job without reason or warning.

At-Will employment gradually became the default rule under the common law of the employment contract in most states during the late 19th century. Over the 20th century many states modified the rule by adding an increasing number of exceptions, or by changing the default expectations in the employment contract altogether.

Warranty

Warranty: A real covenant binding the grantor of an estate and the grantor’s heirs; a collateral undertaking that a fact regarding the subject of a contract is or will be as it is expressly or by implication declared or promised to be; something that authorizes, sanctions, supports, or justifies; a usually written guarantee of the integrity of a product and of the maker’s responsibility for the repair or replacement of defective parts. Middle English warantie, garantie, to warrant.

U.S. federal law establishes minimum legal standards for warranties on products. Some companies, however, offer warranties (for purchase or for free) that exceed the legal minimum by covering a broader array of problems the buyer might face.

For example, Apple’s standard iPhone warranty includes one year of hardware repairs and 90 days of telephone support. However, an extended warranty can be added that provides full hardware and phone support coverage for two years. Private companies also offer warranties on electronics and other high value goods.

Every Toyota vehicle is supported by a 36-month/36,000-mile limited warranty coverage. In addition, most individual Toyota parts have 12-month coverage, a fairly standard warranty for new vehicles.

Most manufacturer warranties for electronics, appliances, etc. cover only products that fail due to defects in construction or malfunctions of the item’s hardware. Some consumers want more protection, so retailers like Best Buy offer protection plans that go beyond the manufacturer’s warranty. Best Buy‘s Geek Squad Protection Plan, for example, covers normal wear and tear, no lemon policy, accidental, and damage from handling. Since these plans cover a much wider spectrum of potential problems, they tend to be quite expensive.

In order to remain competitive, American retailers offer generous return and exchange policies. Most companies print their policy directly on the receipt and use phrases like „easy returns and exchanges,“ „no hassle returns“ or „100% satisfaction guarantee.“ Some companies, like outdoor supplier REI, allow customers to return products for a full refund or exchange at any time for any reason.

Many retailers (WalMart, Target) do not require a receipt for returns or exchanges. If no receipt is available, stores generally refund the credit on gift cards that can only be used at the store.

These generous policies highlight the importance that American consumers assign to customer-centered policies that are clearly communicated and executed in a friendly manner. Retailers, on the other hand, encourage buyers to spend first and think later. They give consumers confidence that satisfaction with a particular product or brand is guaranteed.

Repeal means Revise

The right to a speedy trial, the American expectation that conflicts within teams are resolved quickly, can indeed lead to judgements passed which are not ideal, optimal, right or even just.

Americans make decisions quickly, often hastily. But, if the decisions are narrow in scope – have been isolated – then they can be revised. There is time for reconsidering and revision. The parties involved in the decision can be brought back in.

This same logic applies to the American judicial system. It allows anyone sentenced in a court to appeal that sentence. An appeal is when the accused (and sentenced) can take their case from a lower to a higher court for review.

In the American business context, a team member who believes that the judgement is wrong, or the conflict resolution process was unfair, can ask to have that decision reviewed by next-level management or by a neutral third party within the company, typically the human resources department.

Try anything once

The idea that people should try everything once is deeply ingrained in American thinking. In fact, Americans are so hesitant to choose a definite course of action without trying all of the alternatives, that Winston Churchill once said “You can always count on Americans to do the right thing – after they’ve tried everything else.”

Many famous Americans possessed of a try everything once spirit. American actress Mae West once said “I’ll try anything once, twice if I like it, three times to make sure.” In 1920, G.B. Manly offered to take American humorist Will Rogers on an airplane ride. After the ride, Rogers remarked: “Try anything once. Try some things oftener. When you goin’ again?”

American President Franklin D. Roosevelt also had the willingness to try anything – something which is now said to have greatly attributed to his ability to help America out of the Great Depression. FDR’s wife Eleanor once commented about him that “He recognized the difficulties and often said that, while he did not know the answer, he was completely confident that there was an answer and that one had to try until one either found it for himself or got it from someone else.”

Americans take a similar viewpoint towards products. They don’t want something that will last forever, but just long enough for them to try it, and see how it compares to other products that they’ve used. Then they want to move on to try another product.

“If worse comes to worst . . .”

There are several key phrases that Americans use when making quick, suboptimal decisions. Some of these include:

At the drop of a hat – without any hesitation, instantly; with the slightest provocation. 

Back to the drawing board – when a decision fails and a new one needs to be made. First known use: 1941 in a cartoon in the New Yorker magazine.

Back to square one – when a decisions fails so completely that you have to go back to the beginning and start over.

Cross that bridge when you come to it – deal with a problem when it arises, not before. First known use: 1851 in Henry Wadsworth Longfellow’s The Golden Legend.

If worse comes to worst . . . –  if the worst possible outcome of the bad decision occurs, the person saying it will do whatever he/she says next. First known use: 1596. Example: We’ll put this to market now, and if worse comes to worst we’ll refund our customers’ money.

Rash decision – a decision made without considering all of the details.

understand-culture
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