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Problem Identification

The standoff between Lorena Martin and the Mariners is one of the most popular employee-employer conflicts in current news. In this case, the chosen client is Mariners. Lorena Martin was hired as a high-performance director at Mariners on October 30th, 2017 (Divish, 2018). She was fired over a year later before the end of her three-year contract. Her termination turned into a scandal when she decided to voice negative accusations against her previous employer, namely the general manager Jerry Dipoto (Divish, 2018). Martin claims that the latter together with other high-ranking officials exhibit racism, gender bias, and aggressive behavior. She leveled these accusations against her employers both in social media and news outlets. Although her contract was prematurely terminated, she could have no chance of suing the Mariners for not paying her salary for the remaining two years.

Furthermore, her contract, like most high-paying contracts with well-doing firms such as the Mariners, is believed to have contained an arbitrator's clause. Such a clause prohibits the use of the courts to settle payment disputes and demands an independent arbitrator, (Divish, 2018). The client's problem, in this case, is the fact that Martin can sue the organization for racism, gender bias, and aggressive behavior. Such an accusation can result in much damage to the organization's image. Furthermore, the Mariners can spend a lot of money in such a lawsuit and also can lose income as a result of poor brand image if Martin manages to prove her accusations.

Four Courses of Action

Creating an Effective Complaint Process

To prevent the occurrence of such a problem, the Mariners can consider four primary courses of action. The first course is creating an effective complaint process for issues of racism, gender bias, aggressive behavior, and any other forms of prejudice. Such a process needs to be in-house and have the ability to independently receive and solve various complaints forwarded. Setting up such a process requires the employment of human rights and legal experts who can analyze the severity of the issues and advise on the best action per each complaint.

Documenting Complaints

The other course of action is documenting every form of complaints brought forth by employees and stakeholders concerning racism, gender bias, and aggressive behavior. Documenting such complaints in detail may not necessarily mean solving them but rather establishing and recording the facts about them.

Disciplining any Form of Bias

The third alternative in preventing the conflict under discussion is taking retaliatory action against employers, employees, and stakeholders who have been proven to be propagating bias at any level within the organization. Such actions include suspending the workers, terminating their employment, suing them in the law courts, and requiring them to pay a compensation to their victims among other possible forms of disciplinary actions.

Conducting Thorough Employee Background Searches

The final alternative is conducting a thorough background search about employees before recruiting. Carrying out such investigation requires the use of respective investigative firms. Having a grip on the type of employee on board helps avoid hiring racists, chauvinists, and violent individuals. Furthermore, it inhibits the employment of people who have a history of slandering their employers.

Evaluation

Documenting complaints is a critical course of action as it helps lay evidence on the actual occurrences. Once the cases are out in the public or in the law courts, there are different versions of what has happened, and everyone develops their own version to suit the image and enhance victory in the case. Documentation, therefore, allows recording the correct version of the situation. However, documenting cases can be biased depending on the individual performing it (Goodman-Delahunty, & Foote, 2010). Furthermore, it can also be disputed by the complainant. Thus, documentation only helps in keeping the records of the events. This course of action is relatively inferior compared to the other three alternatives as it only provides documentation of the occurrence, which can still be biased and disputed.

Creating an effective complaint process allows employees to have an opportunity to voice their concerns within the organization without having to do it in social media or in courts. Furthermore, this course of action speaks well of an organization's fight against all forms of bias. However, facilitating such a process is costly; it requires employing legal experts to analyze the complaints and advise on the best way forward. Next, since the experts are employees of the organization, they can fail to be independent of the executive leadership. This course of action is, nevertheless, better than just documenting complaints as it facilitates solving the in-house dispute and avoiding negative publicity and lawsuits.

Taking disciplinary actions against those found to be biased is important in preventing the explosion of such disputes in public and even instituting lawsuits. Disciplinary actions often satisfy the victims, hence discouraging them from going public or suing the organization (Jones, et al, 2017). This course of action is more effective than just documenting complaints and creating a complaint process as it takes action directly in effectively addressing the complaints. It is the best way of solving such disputes within the organization. This step, however, has its disadvantages as it has limits above which the law does not allow the organization to act. Furthermore, the person who receives any disciplinary action can proceed in acting against the organization and may also cause some negative publicity.

Conducting a thorough employee background search is the best preventive action in this case. Now employees who are racists have often exhibited respective behavior before. A background search will allow the Mariners to prevent employing individuals with biased opinions in the first place. However, such investigation is not perfect and may not reveal the correct personality issues of all employees. Anyway, the search will reduce the risks of employing biased individuals and minimize the occurrence of such conflicts. It will also reveal the employees who have a tendency to slander their employers. Compared with all other three alternatives, conducting a search is the safest preventive method.