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Legal Analysis
A Reduction in Force ("RIF") is legal in the United States for legitimate business necessity. Employers undertaking a RIF in the United States are expected to consider the federal laws, contractual terms, and advance notice obligations to avoid any claims of discrimination from employees (Connolly Jr, Connolly, & Feinstein, 2018). Human Resource (HR) professionals are tasked with the responsibility of managing employees within an organization. The HR manager is expected to refer to the laws that govern employees' rights and obligations while performing their duties.
There are dire consequences for an organization that violates the employees' rights, such as lawsuits, financial losses, and reputation damage. The HR manager should be familiar with legislations such as Equal Employment Opportunity (EEO) laws that protect against discrimination of any person based on age, nationality, religion, disability, sex, or pregnancy. The wage and hours laws are also significant to the HR manager since they dictate the wages and number of working hours for an individual. Several other labor regulations, such as employee benefits laws, immigration laws, and workplace safety laws. The HR manager should consider all these laws before making any decision that concerns the employees to avoid liability (Mathis et al., 2017)
Analysis
Ali Sanders, being a naturalized American citizen his termination may be perceived as discrimination based on his citizenship or immigration status. The Immigration Reform and Control Act (IRCA) is considered a federal law that offers protection to individuals from employment discrimination centered on immigration or citizenship status. Discrimination, harassment, or retaliation against an employee based on race, sex, or religion is also a violation of the law. It points out that it is illegal to discriminate based on national origin or citizenship status in terminating an employee (Rassas, 2020). The 1964 Civil Rights Act Title VII is also a federal law that offers protection for individuals discriminated against based on national origin, sex, age, or religion (Meiners, Ringleb, & Edwards, 2014). Hence, before terminating Ali Sanders' employment contract, it is important to ensure that the company has not acted in a way that can be termed as discrimination based on immigration status.
Ali is a highly skilled individual employed on a contract basis; hence it is proper to go through the "just cause termination" clause to confirm if the grounds for termination are permissible. According to U.S law, a notice period is not necessary when terminating an individual employment relationship. However, the company will have to prove that there is no form of discrimination and that the company is making changes that including cutting down the number of employees.
Employers are prohibited under U.S. law from selecting employees for termination based on age. The employer is expected to show legitimate and non-discriminatory reasons for...…not a big issue that affects her performance or other employees. She has justified reasons for missing twelve days in the last three months. According to Title VII, the company employer has the responsibility to investigate the complaints of sexual harassment brought against Jeff, the project manager. Afterward, the employer should provide remedies to prevent any future occurrences of sexual harassment (Meiners, Ringleb, & Edwards, 2014).
Paul Price has no advanced degree; he was hired because he was good at programming. However, the programs were abandoned hence no longer contribute to the company's growth. His age, race, or place of origin is irrelevant in this case. The employee suffers from a disease that affects the way he walks, and he feels like other employees treat him differently because of this. According to the Americans with Disabilities Act (ADA), it is illegal to discriminate against employees with a disability. It is the company's mandate to provide reasonable accommodation to disabled employees (Walsh, 2015). To avoid any liability, the company will have to demonstrate that Paul's termination was not based on discrimination but on the fact that accommodating him would impose an undue hardship on the operation of the business. This is because the company has financial issues, the programming was abandoned, and the online business was shut down. Thus, having him on the team would be an unnecessary…
References
Connolly, Jr, W. B., Connolly, M. J., & Feinstein, J. (2018). A practical guide to equal employment opportunity. Law Journal Press.
Mathis, R. L., Jackson, J. H., Valentine, S. R., & Meglich, P. A. (2017). Human Resource Management 15th ed.
Rassas, L. B. (2020). Employment Law: A Guide to Hiring, Managing, and Firing for Employers and Employees. Wolters Kluwer Law & Business.
Meiners, R. E., Ringleb, A. H., & Edwards, F. L. (2014). The legal environment of business. Cengage Learning.
Notestine, K. E. (2000). Fundamentals of employment law. American Bar Association.
Pynes, J. E., & Lombardi, D. N. (2011). Human resources management for health care organizations: a strategic approach. John Wiley & Sons.
Walsh, D. J. (2015). Employment law for human resource practice. Nelson Education.
The exemption status of the employee's position thus changes when the docking occurs, making them non-exempt, and thereby eligible for overtime for all extra hours worked" (Dorf 1994). By docking the pay of salaried workers, the company was effectively treating them as salaried employees (hence the restitution of their pay). The employees who did work the full forty hours, however, are claiming that in doing so the company revoked their
Here, the Plaintiff and all of the members of the God Squad were arrested and removed from school property by police. The police acted on probable cause that the group was inciting violence on school property after observing their offensive and disruptive behavior. Additionally, the Plaintiff was given an arraignment, charged with trespassing, disturbing the peace, and inciting a riot, and was released on bail to the custody of his parents.
Normally, efforts must be reasonable and diligent but not futile. The general grounds for termination of parental rights in all states are as follows. Abandonment is a prime case of abandonment can be established after six months of conscious disregard of any form of parental obligations by a parent, including support, maintenance, love and care. The conduct must be intentional and normally must involve a lack of support plus
This chapter is completed with further information on a legal analysis in chapter 12, which discusses the organization of the results of the research. The Honigsberg Grid is amply described as a useful instrument in such an organization. Chapter 13 presents directions as to how a memorandum of law should be written, as well as some of its most important characteristics, notably the fact that this needs to be an
LEGAL ISSUE, STRUCTURE, and ANALYSIS A. LEGAL ISSUES-LIMITED PARTNERSHIP. According to Black's Law Dictionary (1991), a limited partnership is a "type of partnership of one or more general partners who manage business and who are personally liable for partnership debts, and one or more limited partners, who contribute capital and share in profits but who take no part in running business and incur no liability with respect to partnership obligations beyond contribution"