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The contract terms can be created by oral assurance, through implication and other conduct even in the evident lack of absence of any written document and this is provided for by the law. Jill enjoys this protection of the employment and labor law under the worker's compensation articles in this case study hence she cannot be dismissed at will without compensation in lieu of her time, disturbance and movement from her previous location. The employment relations Act of 1999 and 2003 also protects Jill against unfair dismissal ta work since it would be unfair to move her from her previous job, give her long-term stay promises they only to fire her when the company fails to perform yet she is new within the firm.
Go Fast has the moral and ethical responsibility to compensate Jill on the disturbances that she goes through, selling off her house, relocating the…
Employment-at-will doctrine is a law that requires both the employer and the employee to either enter into a contract of employment willfully or terminate such a contract willfully. Under this law, an employer may employ an employee if the employer is willing to employ specific employees willing to accept the job under the given terms and conditions. Moreover, this doctrine allows the employer to terminate the employment contract of an employee for any reason even if it is not justified and without prior notice. Similarly, the doctrine allows the employee to terminate their contract of employment with an employer without prior notice (Mixon, 2014).
Some exceptions apply to the Employment-at-will doctrine. These exceptions include all situations in which the employment at will doctrine may not apply. The first exception to the employment-at-will doctrine is in cases where employees and employers have collective bargaining agreements. Employees who are members of the…
equest must be made in writing by the employee within 15 working days of termination. The employer has 10 working days from receipt of the request to give a truthful reason in writing for the termination." (P 1).
Despite that many employers have been very careful in terminating the contract employment agreement based on justifiable cause; there are still series of cases where employees challenge the termination of their employment contracts. Mandelsohn, (1990) argues that employees may establish in the court of law that they have the right to continue working based on the employment contract. Typically, employees could establish that there is no provision in the employment contract that employers have the right to terminate their employment contracts. If a plaintiff is able to establish that he has the right to continued employment, an employer must convincingly present its case that he has a good cause to terminate the…
Bayburan, a.(2012). Employee Reinstatement Mechanism and Termination of an Employment Contract. ADMD Law Office.
Collins, E.C.(2011). The Employment Law Review. Law Business Research.
Minnesota (2012). Labor Standards -- Frequently asked questions about termination. Department of Labor and Industry, Labor Standards.
Mandelsohn, S.R. (1990). Wrongful Termination Litigation in the United States and its Effect on the Employment Relationship. Labor Market Working Policy Occasional Paper No 3.
Broken Employment Contract
Did Wayne have an employment contract, either oral or written, with EcoCare? Why or why not?
Wayne had an oral employment contract with EcoCare. An oral contract existed for one reason that Bell told Wayne during the pre-employment period that he was assured of staying on the job provided his performance was satisfactory. Oral contracts are "made by the verbal mutual consent by two or more parties to the performance of clearly stated promises
." It is clear from the findings of Human esource Department's Investigation that Bell and Wayne had mutual consent which led Bell to make a job offer to Wayne which he accepted. This oral contract was therefore enforceable and remained valid as long as Wayne kept to the promise of performance. It should also be noted that verbal promises made to employees by employers, if reasonable, can make enforceable contract (Findlaw, n.d.). However,…
Armstrong, M. (1999). Handbook of Human Resource Management Practice. Kogan Page.
Carey & Associates, P.C. (2005). Oral contract, accessed on April 2, 2011 from http://www.capclaw.com/home/glossary/236
Findlaw, (n.d.). Employment contracts and compensation agreements, accessed on April
2, 2011 from http://employment.findlaw.com/employment/employment-employee-hiring/employment-employee-hiring-contract.html
Is Cooks bound to the non-compete agreement that she signed with RRG? Is this non-compete agreement a contract?
Non-compete agreements are covenants made in the course of employment or contracts of sale of businesses. The signee in the contract agrees not to compete with the current employer. The key goal of these agreements is to limit the rights of employees who sign the agreement. The employees are restricted from doing any business that competes with the current employer within a specific geographic location and for a particular period.
The signing of the non-compete agreement means accepting the terms. The terms include; not competing with the employer or engaging in any business that is similar to that of the current employer, whether as an employee, independent contractor, owner, part owner, investor, and any other kind of competition stated in the agreement (Clarkson & Miller, 2020). In this case, the non-compete agreement…
Clarkson, K. W., & Miller, R. L. (2020). Business Law: Text and cases. Cengage Learning.
Ella, V. J. (2018). Executive Employment Law: A Handbook for Minnesota Executives. Hillcrest Publishing Group.
Emanuel, S., & Rigos, J. J. (2007). Multistate Performance Test Review 2008-2009: Course 5329. Aspen Publishers Online.
Epstein, M. A. (2006). Epstein on intellectual property. Aspen Publishers Online.
Ford, K. E., Notestine, K. E., & Richard, N. HILL. 2000. Fundamentals of Employment Law.
Scott, R. W. (2008). Promoting legal and ethical awareness: a primer for health professionals and patients. Elsevier Health Sciences.
Whitten, S. (2016). Jimmy John\\'s drops non-compete clauses following settlement. CNBC.
COMING TO A HEAD
Legal and Ethical Issues in usiness
Ethics in usiness
Three normative ethical theories were developed in Western capitalist societies in guiding the ethical conduct of business (Fort, 2014). The stockholder theory considers the maximizing of profits as the sole objective of business and above all considerations. It does not recognize social responsibility. It is completely utilitarian and one-sided. The stakeholder theory considers the welfare and needs of customers, suppliers, owners and employees along with maximizing profit. When called for, it believes that the interests of stockholders should be sacrificed in order to insure its survival. It developed from Immanuel Kant's philosophy, which respects the dignity and participation of all people. And the social contract theory is the most widely used business theory. It draws from the 18th-century philosophies of Thomas Hobbes and John Locke. Their philosophies argued that business should be dedicated and committed…
Dobson, J. (1994). Virtue ethics as a foundation for business ethics: a "MacIntyre-Based
Critique. Center for Catholic Studies: University of St. Thomas. Retrieved on January
25, 2014 from https://www.stthomas.edu/cathstudies/cst/conferences/antwerp/papers/dobson.pdf
Fort, T. (2014). Ethical theories in business. eHow: Demand Media, Inc. Retrieved
Paula states that the rationale for the refusal is also violation of Title IIV and EEOC (Equal Opportunity Commission Policy) as it is based merely on the fact that she is a woman and has the potential to become pregnant. Sam's use of his power is also a continuation of his harassment, and now seems explicitly 'quid pro quo.' Not accepting his advances resulted in a negative impact upon Paula's job.
Paula is correct and Sam is incorrect, legally speaking. While fetal protection policies that barred women of childbearing age from jobs because of harm to their potential fetuses became widespread in 1970s and 1980s, the 1991 U.S. Supreme Court ruling in UAW v. Johnson Controls declared these laws to be a form of sexual discrimination that violates Title VII of the Civil ights Act of 1964 (Fetal rights, 2009, Law Library).
NewCorp has a strong case that…
Consumer Law: What is a contract? (2009). Paralegal Advice. Retrieved January 10, 2009 at http://www.paralegaladvice.org.za/docs/chap11/02.html
Employment at will. (2009). Nolo. Retrieved January 10, 2009 at http://www.nolo.com/legal-encyclopedia/article-30022.html
Fetal rights. (2009). Law Library. Retrieved January 10, 2009 at http://law.jrank.org/pages/6853/Fetal-Rights-Fetal-Protection-Policies.html
Worker rights. (2009). Retrieved January 10, 2009 at OSHA. http://www.osha.gov/as/opa/worker/rights.html
If they employees agree to it as a condition of employment, rug tests can be conducted without probable cause, although in terms of 'due process,' usually an employee cannot be terminated without a justifiable cause, such as because of his or her privately political views or race. But still, some employment contracts have 'morals clauses,' for instance, if a hired actor's behavior inhibits his or her ability to do his or her job, like to be a corporate spokesperson for a children's toy company.
Employees cannot be subjected to unwarranted workplace surveillance like voyeurism, however. "In a couple of related workplace privacy lawsuits won by employees, employers claimed 'drugs' as the reason they secretly videotaped employees in company locker rooms. but, instead of revealing illegal drug use or sales, the hidden cameras embarrassingly exposed employees changing their clothes. In so many words, the courts found this to be a blatantly…
Employee Workplace Privacy Rights." (2008). Employee Issues. Com Retrieved 12 Jan 2008 at http://employeeissues.com/workplace_privacy.htm
Right to privacy: An overview." (2008). Legal Information Institute.
Cornell University: School of Law. Retrieved 12 Jan 2008 at http://www.law.cornell.edu/wex/index.php/Privacy
All other issues are derived from this rule. Many of the modern contracts have express conditions, which are explicit contractual provisions that the parties need to abide by. The related elements that this incurs are detailed in the subchapter referring to express conditions. An interesting element of contract performances is those particular contracts that are divisible. In those cases, the parties' performance can be apportioned into pairs of matching or corresponding parts.
The part of this chapter discussing breaches of contracts starts with a classification of breaches into material and minor breaches, with each of the two being discussed in detail. Anticipatory breach is referred to and is defined and categorized in another part of the chapter.
Chapter 6 discusses general remedies for contracts and starts with basic measures that can be undertaken. The damage measures are described as being determined either based on the expectation of damages, or as…
Employment at Will Policy: Exceptions to the ule
The notion of 'at will' employment reflects the fact that by law employees can be fired from any job for any cause, good or bad, depending on the whim of the employer, barring a written employment contract (Muhl 2001:3). There are specific exceptions to this policy which vary from state to state. But in the case of John, the employee who posted a rant on his Facebook page, there are a number of NJ state precedents of allowing employers to fire employees for posts made on social media. A garbage collector in Maplewood, N.J. was fired for complaining on his public Facebook page about having to clean up "after a two-day concert, blaming the mess on liberals who rant about green living and then pollute the parks, and launched a tirade against Obama, gays and liberal politics" (McDonnell 2014).
Also, in the…
Can potential employers ask for my Facebook password? (2015). Nolo. Retrieved from:
McDonnell, S. (2014). Like it or not, employees can say what they want on social media.
Philadelphia Technology Review. Retrieved from:
The author of this report will offer a summary of two important laws and regulations when it comes to employment in the United Kingdom. Those two pieces of law will be the Employment Rights Act of 1996, commonly known as ERA 1996, and the Equality Act of 2010, commonly known as the EA 2010. For both laws, the particulars, specifics and common requirements for all parties involved, both employee and employer, will be covered. While the two laws covered in this report were pass nearly a generation apart, both of them hold a very important place in the employment law paradigm in the United Kingdom.
Employment Rights Act of 1996
Scope & Summary
There are several important requirements and regulations when it comes to the Employment Rights Act of 1996. When an employee starts work with an employer, they are obligated to get a summary of terms and requirements. As…
Tis allows tem to ave an advantage if litigation becomes inevitable.
5. Non-Competition Clause a/k/a Covenant Not to Compete Clause - Most companies will attempt to protect teir intellectual capital from competitors by aving employees sign a non-competition agreement or, alternatively, by including a non-competition clause as part of an employment contract. Suc agreements restrict an employee from joining forces wit a competitor or setting up is or er own competing business for some period of time witin a particular territory (geograpical or oterwise). Tese agreements ave become so common in te tecnology sector tat most people use tem witout muc attention to teir content. Tis is wrong, and a lot of companies come to pay dearly for suc a careless approac. It is important t o note tat not only do companies dealing wit intellectual property use suc an agreement. Tis clause is utilized any time a company wants…
Will either of their grievances be heard in court? Why?
Becky's case has a very realistic possibility of being heard in court. This is from releasing her at a time when she was experiencing complication during her pregnancy. In this situation, she can claim that the company did not abide by the different provisions of the law through terminating her employment (after she asked and was initially granted maternity leave). This surpasses the arbitration clause in her employment contract by directly violating the Family Leave and Medical Act. (Cihon, 2013)
Under the law, she can take up to 12 weeks off without having fear of retribution, demotion or suspension. However, in order to be eligible, she must request leave with 30 days prior notification to her employers. Evidence of this can be seen with guidance provided to employers from the Department of Labor which states, "Employees must comply…
Cihon, P. (2013). Employment and Labor Law. Mason, OH: Southwestern.
The Family Medical Leave Act. (2014). DOL. Retrieved from: http://www.dol.gov/whd/regs/compliance/whdfs28.pdf
Advice on Handling Dismissals
The Minimum Wage
Working Time egulations
WOKES AND EMPLOYMENT
Gender and Sexual Orientation Discrimination
Discrimination on Grounds of ace or eligion or Age
Treatment of employees has come under scrutiny in the last few decades. Legislation has been passed to help facilitate effective regulation of a business/work environment. The areas covered by legislation are: employment contracts, work-related regulations (ie. Breaks and work conditions), minimum wage rates, unlawful/unfair dismissal, and discrimination/harassment on the grounds of gender, sexual preference, race, religious beliefs, disability, and in recent years, age. Legislation of this nature need to be a major concern for employers to not only follow, but implement. Dismissal of legislation could lead to large penalties, associated with compensation and legal fees.
Infringement of employees rights may also lead to a company/organization's poor public image. As most businesses know, maintaining a positive public…
Ashworth, A. 1995. Principles of criminal law. Oxford [England]: Clarendon Press, p. 87.
Computer World. 1996. IT security managers too focused on compliance, experts say. [online] Available at: http://www.computerworld.com/s/article/9237254/IT_security_managers_too_focused_on_compliance_experts_say [Accessed: 12 Jun 2013].
Fay, J. 2007. Encyclopedia of Security Management. Burlington, MA: Butterworth-Heinemann, p. 249.
Fletcher, G. 1998. Basic Concepts of Criminal Law. New York, N.Y.: Oxford University Press, p. 45.
Today's working or business environment is increasingly changing and generating several issues that employers have to contend with. These numerous issues have considerable impacts on organizational operations since they affect the relationships between employees and their employer as well as interactions between employees. The most common issues that can threaten an organization's effective operations include insubordination, privacy issues, personal problems, and use of the Internet in the working environment. Employers are increasingly faced with the need to establish suitable mechanisms and measures for addressing these issues in order to enhance organizational productivity. The Employment-at-Will doctrine is one of the major ways through which employers can address some of these issues. As a recently hired Chief Operating Officer, I'll use the Employment-at-Will doctrine to address some issues that have been identified in mid-sized firm preparing for an IPO.
Overview of Employment-at-Will Doctrine
The National Conference of State Legislatures (n.d.) states…
Hendricks, D. (n.d.). How to Manage an Employee Who Doesn't Respect You. Retrieved April 30, 2016, from http://www.inc.com/drew-hendricks/how-to-manage-an-employee-who-doesn-t-respect-you.html
National Conference of State Legislatures. (n.d.). The At-Will Presumption and Exceptions to the Rule. Retrieved April 30, 2016, from http://www.ncsl.org/research/labor-and-employment/at-will-employment-overview.aspx
Pasternak, S. (n.d.). The Role of Ethical Theories in Ethical Reasoning and Behavior within Organizations. Retrieved April 30, 2016, from http://www.ti-israel.org/_Uploads/dbsAttachedFiles/sigalitpasternak.pdf
WKRG Staff. (2015, July 22). Alabama Man Fired Over Confederate Flag. News 5. Retrieved April 30, 2016, from http://wkrg.com/2015/07/22/alabama-man-fired-over-confederate-flag/
Contracts Law: Disney World Jurassic Park Amusement ide
The first question at issue in this study has to do with the termination of an employee for poor sales performance who entered into a non-compete agreement with the company, specifically that of Disney. The employee, Simpson agreed that he would not directly or indirectly compete with Disney as an agent, employer, broker, or contractor for one year from the date of termination. Simpson has argued that he has a wife and three children and that the non-compete agreement should not apply as he has a right to earn a living and this includes anywhere in the United States. Three questions are posed: (1) Is the restriction likely to be found reasonable by a court of law? (2) Does the agreement restrain trade? (3) What change if any would you make to the restrictive wording above for the future?
In answer to…
An Introduction To Corporate Regulation and Standardization (2013) Legal Practitioner. Retrieved from: http://legal.practitioner.com/regulation/standards_9_3_1.htm
Corbin, A. (1919) Conditions in the Law of Contract. Yale Law School. 1 Jan 1919. Retrieved from: http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=3855&context=fss_papers
Entire Agreement (2013) Contract Standards. Retrieved from: http://www.contractstandards.com/contract-structure/general-provisions/entire-agreement
Glazov, J. (2009) Liquidated Damages In Construction Contracts Part 1 -- What Are Liquidated Damages And Why Have Them. Construction Law Today. Retrieved from: http://www.constructionlawtoday.com/2009/04/liquidated-damages-in-construction-contracts-part-1-what-are-liquidated-damages-and-why-have-them/
This paragraph serves as the introduction to this contract proposal report. The contract will be written from the government's perspective as far as the fencing project goes and will cover the seven main points asked for in the assignment parameters. In order, those parameters are the purpose of the federal program and the historical context therein. Second, the small business set-aside program (SBSP) will be evaluated based on eligibility to participate and other details. Third, the dollar threshold reserved for business contracts in this scenario will be described. Fourth, an analysis of the contract formats for government contracts will be evaluated to include universal and commercial formats. The format to be used for this situation will be described in this scenario, per the assignment parameters. Fifth, the purpose of source selection will be evaluated for the purposes of this plan. Sixth, the ranking of criteria for the evaluation…
DoD. (2013, August 18). United States Department of Defense (defense.gov). United States Department of Defense (defense.gov). Retrieved August 18, 2013, from http://www.defense.gov/
E-Verify. (2013, August 18). USCIS - E-Verify. USCIS Home Page. Retrieved August
18, 2013, from http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b
9 ac89243c6a7543f6d1a/?vgnextoid=75bce2e261405110Vgn VCM100000
Contracts and Fraud
Contracts are one of the cornerstones of our modern legal system. They are necessary to conduct reliable economic transactions between individuals. When people make a formal agreement such as buying a car they must be assured that the requirements of both parties will be fulfilled: the seller will receive his or her money and the buyer will receive a vehicle. A critical component of contract law is the need for a contract that is not fraudulent in nature, since contracts depend upon a system of trust between both parties. "If fraud or misrepresentation occurred during the negotiation process, any resulting contract will probably be held unenforceable. The idea here is to encourage honest, good faith bargaining and transactions. Misrepresentations commonly occur when a party says something false (telling a potential buyer that a house is termite-free when it is not) or, in some other way, conceals or…
Election of remedy. (2013). U.S. Legal. Retrieved:
Fitzpatrick, D. (2013). Unenforceable contracts: What to watch out for. Nolo. Retrieved:
In the past few years, employees have obtained new ammunition to file lawsuits related to job discrimination in federal courts, though they still experience numerous challenges against the rising victories. According to the findings of recent studies, workers who sue over employment discrimination tend to lose at higher rates in federal courts as compared to other kinds of plaintiffs. However, most of these employees are hopeful that the recently signed Lilly Ledbetter Fair Pay Act will herald an improved climate for discrimination lawsuits. This is primarily because the legislation makes it easier for employees to sue over pay discrimination on the basis of race, gender, disability, or age through the extension of the legal deadline to file such cases or lawsuits.
Due to the odds against winning employment discrimination cases, some lawyers have become reluctant to even try to an extent that they have stated that they will…
KOPPEL, NATHAN. "Job-Discrimination Cases Tend To Fare Poorly in Federal Court." The Wall Street Journal. Dow Jones & Company, Inc., 19 Feb. 2009. Web. 29 Nov. 2012. .
Schamotta, Justin. "Difference Between Breach of Contract & Breach of Warranty." Small Business Chron. Hearst Communications, Inc., n.d. Web. 29 Nov. 2012. .
United Kingdom. Health and Safety Executive. Preventing Slips and Trips at Work - A Brief Guide. Health and Safety Executive, Nov. 2012. Web. 29 Nov. 2012. .
Mary first needs to make it absolutely clear whether she is an employee or independent contractor. In this case, while she may have been hired as an independent contractor, she was later subtly reclassified as an employee. An independent contractor works freelance and part-time which means his place in the firm is not permanent. Mary was definitely one such contractor since her services was required for one specific project. Her contract with the firm was extended when another project came forth for which Mary's services were found suitable. However when the second project began, Mary was no longer an independent contractor since she was often asked to work with specific material and equipment and was also forced to follow company's work-schedule. This is an example of exploitation of independent contractor agreement since only an employee can be instructed to work with specific tools or when, where and how to…
1) IRS Common Law Rules: Accessed 12th Feb 2005: http://www.irs.gov/businesses/small/article/0,,id=99921,00.html
Employment at Will
Thoroughly describe what steps you would take to address the following scenario involving skills, competence, and abilities:
• The employee seems to be unable to learn the computer applications that are basic to her job responsibilities, but, consistently "tells" her boss that she is "a good worker and a genius" and that he does not "appreciate her." Even after a few months of training and support, she is unable to use the computer tools to be productive and efficient in completing the required tasks.
In this situation, there is clearly a disconnect between the expectations of the firm and the perception of the employee. It is therefore the company's responsibility to insure that the employee thoroughly understands the responsibilities of her position as it relates to the overall job function. The company can accomplish this in a verity of methods. The first being a comprehensive overview of…
1) Adams v. George W. Cochran & Co., 597 A.2d 28 (D.C. App. 1991), John W. Budd, Employment with a Human Face: Balancing Efficiency, Equity, and Voice (Ithaca: Cornell University Press, 2004), 86 -- 88
2) National Labor Relations Board, petitioner, v. United Steelworkers of America, CIO, and Nutone, Inc. Nos. 81 and 289, 1958
3) Meritor Savings Bank v. Vinson (1986), 477 U.S. 57 at 61, 1986
4) Toussaint v. Blue Cross & Blue Shield of Michigan, 408 Mich. 579, 601; 292 N.W.2d 880, 886 (1980).
So, even though the scope of this clause is broad such that it encompasses disclosure to any person in perpetuity, a court of law will likely enforce it against Writer with an injunction and monetary damages.
D. GOVERNING LAW. It is intended by the Parties that this Agreement be valid and enforceable under the laws of the state of Texas and that the laws of this state shall govern this Agreement's interpretation.
*Note: The choice of law clause is very important because different states treat noncompetition agreements with varying degrees of acceptance. Since most films originate in California, it is likely that both the Company and Editor are California residents and it would probably make more sense to use California law; but California law is very strict on noncompetition agreements
. Therefore, since the film will be shot in Texas, it makes sense to choose Texas law instead.
The combination of these elements is showing that she is an independent contractor. ("What is a 1099 Form," 2012) (Hill, 2008)
What are some potential legal implications in the case? What should the utility do to rectify any wrongs in this situation?
There are no legal implications for the firm. This is because they can demonstrate that Karen is an independent contractor. To address any kind of wrongs, the company could offer her some kind of severance pay for ending the contract. Prior to her receiving anything is when Karen would have to agree to never engage in any litigation against the firm in the future. This will protect the company's best interests.
Draft a sample policy for limiting the use of independent contractors that will help avoid issues like this in the future.
To avoid these kinds of challenges in the future, the firm should have all employees sign…
What is a 1099 Form. (2012). Wise Geek. Retrieved from: http://www.wisegeek.com/what-is-a-1099-form.htm
Hill, M. (2008). Employee v. Independent Contractor. Lexvisio. Retrieved from: http://www.lexvisio.com/article/2/Status:_Employee_v_Independent_Contractor__ -- _Texas
A great deal of the work is unpaid or low-paid, with a heavy reliance on females and young labor and, in some countries, migrants. Most work is regarded as semi-skilled or unskilled, with some deskilling. Training is often basic, with firms tending to buy in skills from the labor market. A large number of workers communicate directly with customers, while others have a more indirect customer relationship.
Part-time and nontraditional employment is commonplace, and may be increasing among the different nations' interest in creating more flexible labor markets. Mobility is high, which leads to high labor turnover rates. ecruitment and retention is particularly problematic, particularly for managers where a lack of professionalism may impede business success in developing and transitional economies.
This book is a very thorough approach to employment relations and a number of different areas that a hospitality H person needs to consider in order to do his…
Lucas, R.E. (2003). Employment Relations in the Hospitality and Tourism Industries.: New York. Routledge.
Employment Discrimination at Wal-Mart
Foundation of the Study
This study examines the legislative and judicial climate that enables corporations like Wal-Mart to engage in practices that violate workers' rights. The popular consensus is that Wal-Mart, the largest retail store in the United States, displays an inordinate disregard for the human dignity and morale of its employees and, despite continual litigation, continues to blatantly violate the legal rights of its employees. Wal-Mart faces charges of violating The Federal Fair Labor Standards Act (2011) by asking management to adjust time sheets so that overtime will not need to be paid, and so that all employees will work under the hourly limit required by the union in order to obtain membership. Employees were insured, without their knowledge, against their death by Wal-Mart. The company was named beneficiary; following death of an employee, the entire benefit amount was retained by the corporation. Not a…
Business Day, Companies. (2011) The New York Times. Retrieved http://www.nytimes.com/
Byrne, T.P. (2009). False profits: Reviving the corporation's public purpose. Discourse, 57 UCLA L. Rev. Disc. 25, UCLA School of Law, UC Berkeley, (Associate, Chadbourne & Parke, LLP). Retrieved http://uclalawreview.org/?p=1056
Clifford, S. (2011, March 29). Where Wal-Mart failed, Aldi succeeds. The New York Times. Retrieved
Contract Law: Contract Law
Marx et. al. v. The Globe Newspaper Co.
Full article available on the web at http://www.nwu.org/journ/glob0006.htm
The case -- article summary, facts, and overview
They want us to labor in "sweatshops in cyberspace," alleged Elizabeth Bunn of the Boston Globe.
Bunn was director of a writer union's Technical, Office and Professional Department and spoke regarding the 2000 dispute between freelance writers, illustrators, and photographers of the Boston Globe and the newspaper's editorial staff. The union representing the freelancers of the Globe began the court case of Marx et. al. v. The Globe Newspaper Co. In 2000. They filed a class action lawsuit on behalf of these one thousand freelancers.
The union sought an injunction in Massachusetts Superior Court against the Globe's unfair and deceptive trade and union negotiating practices regarding a contract between the freelancers and the newspaper. "The lawsuit was filed after the Globe attempted…
National Writer's Union. "Freelance Contributors Sue Boston Globe" June 12, 2000.
Full article available on the web at http://www.nwu.org/journ/glob0006.htm
National Writer's Union. "Tasini et al. Vs. The New York Times et al. Complaint." 1993.
Full case available on the web at http://www.nwu.org/tvt/tvtcomp1.htm
If this employee's testing policy is to be implemented, the company especially their HR Department must be strict with their rules. If the applicant fails in one of the requirements one should not accept the applicant. The amusement also needs to hire one Lifeguard Professional Trainer from all applicants. This trainer will be hired only during peak season to orient and to have further training for everybody who has passed the initial interview. The trainer will also be one of the evaluators of each applicant. The qualifications that a trainer must have are the following: 1. He must be a CPR Professional Rescuer; 2. He must be a First Aid Certified; 3 He is currently employed and has trained in a well-known amusement complex; 4. He must have a minimum of 10 years experience as a lifeguard; 5.He must be 30-40 years old.
All new employees who undergo training and…
However, the management did not have the utmost power. The unions took up the cases with the authorities. Their decision was scrutinized by Fair Work Australia and was, consequently, terminated. This is a show of the lack of control that the managers have in the operations. In any case, the regulations in the country favor the employees and managers have to conform to regulations from the legal bodies.
The work places in the country reflect a real indication of the limited control that the managers have on the employees. The actions that they can undertake to impose their force on the employees have a limitation from the authorities. The Fair Work Australia Act is the most specific on the nature of the work place. It regulates the minimum wages for the employees. This means that the managers have no control over the remunerations that the employees get. Termination of…
Australian Fair Work Act: With regulations and rules. (2010). Sydney: CCH Australia.
CCH Australia. (2010). Australian master fair work guide. North Ryde, N.S.W: CCH Australia.
CCH Editors. (2010). Understanding the Fair Work Act. Sydney: CCH Australia.
Hor, J., & Keats, L. (2009). Fair Work faqs. Sydney: CCH Australia.
Employment Laws in the UK: Are they Effective?
esearch shows that the last three Parliaments had a trend towards more employment protection events. However, there are some that argue that the protection events are not enough but also the employment issues need to be reduced. Nevertheless, UK employment law still has lesser levels of work protection and more labor marketplace suppleness relative to other EU Member States. For example, in France the industrial relation law has conserved the simple limitations on industrial action presented by earlier Conservative governments. There has been a range of measures which have been able to raise rights and protections for those that are working parents and their careers. More than a few major issues of employment law continued to be unsettled. With that said, this essay will discuss the huge amount of debate around the amount of employment legislation that currently governs employment within the…
Alcock, A. E. (1997). History of the International Labour Organisation. . London: Macmillian.
American Social History Project. (2002). Who Built America? Working People and the Nation's. New York: Panthenon Books.
Armbruster-Sandoval, R. (2008). Globalization and Cross-Border Labor Solidarity in the Americas. New York: Routledge.
Aronowitz, S. F. (2012). From Ashes of the Old: America's Labor and America's Future. . Boston: Houghton Mifflin.
mployment and Labor Relations
The National Labor Relations Act of 1935 (or Wagner Act) protects the rights of most workers in the private sector of the United States to organize unions, to engage in collective bargaining over wages, hours, and terms and conditions of employment, and to take part in strikes and other forms of concerted activity in support of their demands. The Act does not, on the other hand, cover those workers who are covered by the Railway Labor Act, agricultural employees, domestic employees, supervisors, independent contractors and some close relatives of individual employers.
The Wagner Act established a federal agency, the National Labor Relations Board, with the power to investigate and decide unfair labor practice charges and to conduct elections in which workers were given the opportunity to decide whether they wanted to be represented by a union. The NLRB was given more extensive powers than…
Effective Communication of Laws, Regulations and Organizational Policies
An employee handbook (or employee manual) details guidelines, expectations and procedures of a business or company to its employees. Employee handbooks are given to employees on one of the first days of his or her job, in order to acquaint them with their new company and its policies. While it often varies from business to business, specific areas that an employee handbook may address include a welcome statement, which may also briefly describe the company's history, reasons for its success and how the employee can contribute to future successes. It may also include a mission statement, or a statement about a business' goals and objectives.
Orientation procedures usually involves providing a human resources manager or other designated employee completed income tax withholding forms, providing proof of identity and eligibility for employment (in accordance with the Immigration Reform and Control Act of 1986), proof of a completed drug test (by a designated medical center) and other required forms. An area devoted to definitions of full- and part-time employment, and benefits classification also describes timekeeping procedures, such as defining a "work week." This area may also include information about daily breaks, for
I have been asked to tell a story about an instance in which I was treated unfairly in the workplace. The details that will be provided and/or questions answered will include what happened with the instance in question, what type of supposed violation it was, what was done to address the unfair treatment, whether I used formal means to address the issue, why (if applicable) formal means were skipped, whether the matter was adequately addressed, whether some sort of dispute resolution would have worked better and what impact not resolving the issue may have had. While there are many instances where disputes and miscues can be corrected, blind and sweeping policies that are enforced with no consideration of the context are not just and should never be in place.
I will speak of a former job situation where there was a production quota. Per the parameters and…
Elements of a Contract
The Contract: Overview
Fabulous Hotel has engaged my services as an employee (my position being that if head chef) under an employment contract that spans two years. Two years down the line, another hotel could be interested in my services. The problem is; the employment contract cited above has a paragraph that reads as follows:
"The below-signed agrees not to work as a chef for another hotel in the same metropolitan area for a period of two years after leaving our employ."
Of key importance in this case is whether the said contract is enforceable. What are the elements that this particular contract must meet for it to be enforceable? Are there any circumstances where this agreement would be unenforceable? These are some of the issues that will be addressed in the subsequent sections of this text.
Elements of a Valid Contract: Discussion in elation…
Miller, R. (2011). Modern Principles of Business Law: Contracts, the UCC, and Business Organizations. Mason, OH: Cengage Learning.
Miller, R. & Jentz, G. (2007). Business Law Today: The Essentials (8th ed.). Mason, OH: Cengage Learning.
Seaquist, G. (2012). Business Law for Managers. San Diego, CA: Bridgepoint Education, Inc.
Twomey, D. & Jennings, M. (2013). Business Law and the Legal Environment (22nd ed.). Mason, OH: Cengage Learning.
Employment Opportunities for Women
The importance of diversity in today's workplace cannot be overemphasized. An important aspect of diversity relates to gender diversity. Historically, the representation of women at the workplace has been significantly skewed, especially with respect to key organizational positions such as board chairperson, CEO, and senior management (Nielsen & Huse, 2010). Women are usually concentrated in administrative, clerical, and other less demanding jobs (Paludi, 2012). This is particularly true for the author's organization, where all board and management positions are currently held by men. This paper provides a plan for increasing employment opportunities for women at the organization. The plan specifically includes a rationale for intentional employment of women in key organizational leadership positions, a strategy, and a profile for recruitment.
ationale for Increased Employment opportunities for Women
Whereas consensus is yet to be reached, research has increasingly demonstrated the benefits that may be brought about by…
Nielsen, S., & Huse, M. (2010). The contribution of women on boards of directors: going beyond the surface. Corporate Governance: An International Review, 18(2), 136- 148.
Paludi, M. (2012). Managing diversity in today's workplace. Santa Barbara: ABC-CLIO.
Swanson, J., Kowalski, K., Gettman, H., & Lee, J. (2012). Leadership characteristics and Title IX: a possible mechanism for the impact of sports participation on work outcomes. International Leadership Journal, 4(2), 40-61.
Chris, have looked at your concerns and after some careful research I feel confident that the answers I am giving you are correct. Please let me know if there is anything else I can do to assist you in this matter.
egarding the first concern: Whether you can fire people without notice. This state is what is commonly referred to as an "At will" state. In simple terms this means one can be fired at any time for just about any reason.
The only exceptions to the at will status of an employee include statements in an employee handbook, spoken statements and oral promises that are made during interviews and written contracts. All of these instances prevent the at will termination of an employee because the agreement was made and must be adhered too.
The significance of an implied contract exception to the at-will doctrine has been minimized in recent…
Employment-at-will: the impending death of a doctrine.
American Business Law Journal; 6/22/2000; Ballam, Deborah A.
There are exceptions to the 'employment at-will' doctrine.(Hospital Law Case of the Month)(Katherine Burns v. Universal Health Services, Inc.)
Hospital Law's Regan Report; 11/1/2004; Tammelleo, A. David
At the same time, this strategy undermined the ability of workers to gain collective power.
All these factors resulted in increased insecurity in terms of the job market and in terms of the relationship between employers and employees. Auer (2005: 6) addresses Kalleberg's point in this regard with an assertion that the common assumption is that the twin factors of globalization and technological advance would fundamentally change the employment relationship and its expectation of longevity.
Auer's view is somewhat less gloomy than that of Kalleberg in terms of the possibility of flexible, non-standard jobs not only supplementing the more standard, full-time variety, but also becoming standard themselves. In addition to providing greater employee satisfaction, standard, long-term jobs also influence the desire of employees to begin families, which in turn has a significant impact upon the economy. Individuals with greater certainty regarding the future of their income tend to be better…
Auer, P. (2005). Protected Mobility for Employment and Decent Work: Labour market security in a globalised world. International Labour Office. Retrieved from http://ilo-mirror.library.cornell.edu/public/english/employment/strat/download/esp2005-1.pdf
Dickens, L. (2003). Changing Contours of the Employment Relationship and New Modes of Labour Regulation. Retrieved from http://www.oit.org/public/english/iira/pdf/congresses/world_13/track_2_dickens.pdf
Frenkel, S. And Kuruvilla, S. (2002). Logics of Action, Globalization, and Employment Relations Change in China, India, Malaysia, and the Philippines. Industrial and Labor Relations Review, Retrieved from http://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1003&context=cbpubs
Kalleberg, A.L. (2009, Feb). Precarious Work, Insecure Workers: Employment Relations in Transition. American Sociological Review. Vo. 74. Retrieved from http://www.soc.washington.edu/users/brines/kalleberg.pdf
Sean Brosnan was a high school senior. He filled out his applications for college in September of 2015, including an application for early decision to Queens University. In December Brosnan received a thick packet from Queens, which included a glossy brochure entitled, "Welcome to Queens." The first page of the brochure said, "Welcome to Queens!! We are delighted to have you as a member of the university community! We will be holding a place for you in the class of 2020 if you submit a $200 deposit by January 20. We would remind you that by your application for early decision, you indicated your commitment that if you were accepted to Queens, you would withdraw any applications that you have filed to other colleges and universities." The brochure included an "Acceptance Coupon" providing that the signer was making a "definite commitment to attend Queens University during the coming academic year,…
Baranoff, Brockett, and Kahane, "Workers' Compensation Laws and Benefits," Chapter 16,
pages 659 to 707 in Enterprise and Individual Risk Management (v. 1.0).
Employment Contracts: Encyclopedia of Business Ethics and Society
Utility Patents and Employee Contracts
Since the before the beginning of the industrial revolution, the United States Patent and Trademark Office has been recording and protecting the ideas and gadgets of inventors. But, what exactly is a patent and what laws govern the patent process? ho can file for a patent and what is the process for applying? hat benefit are received if a patent is in place? Does a patent cost money and who enforces the fact that a patent is in place? These and many more questions will be addressed throughout this research presentation.
It is the end of your first week of work at the new factory and while on the line you design a brilliant new piece of machinery that just could be the next great gizmo in this industry. You realize that if it works and if its marketed properly, well hey, you…
Grubb, Philip W. Patents for Chemicals, Pharmaceuticals, and Biotechnology: Fundamentals of Global Law, Practice, and Strategy. Oxford: Oxford U, 1999.
Harbert, Tammi. "Do Not Go Idly Into That Employment Agreement; Watch What You Sign; Your Inventions Won't Necessarily Belong To You. (Engineers' Employment Agreements)." EDN (1990).
Holzmann, Richard T. Infringement of the United States Patent Right: A Guide for Executives and Attorneys. Westport CT: Quorum Books, 1995.
Patent Law: An Overview. Ed. Legal Information Institute. 21 Nov. 2003 http://www.law.cornell.edu/topics/patent.html .
4. Exit interview
As the decision to terminate the employment relationship has been made and even set in motion, the employee is asked to participate in an exit interview. This interview is generally held throughout the last days the employee spends in the organization and it focuses on retrieving feedback related to the reasons as to which the employee has chosen to leave; his feelings and opinions regarding the time he spent in the company; the team, the managerial team, the company policy and so on. "Ultimately, the goal of using EIS is to determine the reasons for company turnover, help to identify training and development needs, create strategic planning goals, and identify those areas in which changes need to be made" (Knouse, Beard, Pollard and Giacalone, 1996).
5. eturn of company property
Aside from the exit interview, there are two more aspects to consider -- the return of company…
Dell'Omo, G.G., 1997, Managerial use of dismissal: organizational-level determinants, Personal Psychology, Vol. 50, No. 4
Glant, T., 2002, Against all odds: Vira B. Whitehouse and Rosika Schwimmer in Switzerland, American Studies International, Vol. 40, No. 1
Knouse, S.B., Beard, J.W., Pollard, H.G., Giacalone, R.A., 1996, Willingness to discuss exit interview topics: the impact of attitudes toward supervisor and authority, Journal of Psychology, Vol. 130, No. 3
McGough, L.S., 2003, Starting over: the heuristic of family relocation decision making, St. John's Law Review, Vol. 77, No. 2
Quinn v. Mongo case. At issue is a matter where an employee is a clear victim of age discrimination. However, there are more than one dimension to the case. One issue is that there is a home corporation and a subsidiary. The former has age discrimination laws but the latter does not. Also an issue is that the employee was signed onto a contract that required notice and a few other things but much of those were not followed. Lastly, there is the issue of what damages (if any) should be extended to the employee. While there are a few mitigating circumstances, Mongo is going to have to bite the bullet and do the right thing.
The first question to be answered is what the legal issues are in the case. The first was mentioned in the introduction and that would be what is a clear-cut case of employment discrimination…
Civil Rights Act of 1964, Encyclopedia of the Supreme Court of the United States
Employment Law in Vietnam
Summary of Minimum Statutory Entitlements
Form of Contract
Data Privacy Legislation
The Mandatory Social Security Fund
Summary of Visa Requirements www.mayerbrownjsm.com
This booklet provides general advice only and should not be treated as a substitute for legal advice. While care has been taken to ensure that details are correct, no responsibility can be taken for losses arising from the reliance upon its contents. Should you have any speci? c questions please contact Dao Nguyen on +84 8 822-8860 or email at dao.- -- .
© 2008. Mayer Brown LLP, Mayer Brown International LLP, and/or JSM.
Mayer Brown is a global legal services organisation comprising
legal practices that are separate entities ("Mayer Brown Practices").
The Mayer Brown Practices are: Mayer Brown LLP, a limited liability partnership established in the United States; Mayer Brown International
LLP, a limited liability…
contract formalizes the agreement between two parties regarding buying a certain item, entering into a certain service, or accepting a certain condition. Contracts cover a huge span of agreements including the sale of goods or real property, the terms of employment or of an independent contractor relationship, the settlement of a dispute, and ownership of intellectual property developed as part of a work for hire.
For a contract to be enforceable, it must constitute six factors:
Mutual consent -- both seller and buyer must be in full and comprehensive agreement of what the one is selling and the other is receiving
Offer and acceptance -- these must be clearly spelled out and comprehended by both parties
Mutual consideration -- the item / service must be one of value and turn out to be so, too.
Performance or delivery -- both must be intact. There must be, in other words, no…
Larson, A. (October, 2003) The Statute of Frauds and Contract Law. Expert Law.
* Reality of Conset (Chap. 13)
Maryland Labor Laws
A knowledgeable and well-trained human resources department in any organization is a very valuable asset due to the scope and importance of employment relations and the effects that those relations have on the profitability of that organization. New laws and regulations regarding employee relations appear often and the ability to manage these rules and regulations is mandatory if that business desires to be successful. The purpose of this essay is to explore a specific human resources issue and design a plan to address the problems that may arise from this issue.
This essay will examine the important circumstances that arise when dealing with employees with disabilities. The human resources plan presented in this example will address the issue of an introduction of new technology for employees who may experience physical limitations. Before detailing the plan, I will list and describe the federal and Maryland state laws…
Aitken, R. (1993). Human Resources Planning: Issues and Methods. Department of Population and International Health, Harvard University, July 1993. Retrieved from http://www.hsph.harvard.edu/ihsg/publications/pdf/No-1.PDF
Boudreau JW & Ramstad PM (2006). "Talentship and Human Resource Measurement
and Analysis: From ROI to Strategic Organizational Change," Human Resource
Oncale v. Sundowner Offshore Services
The case presents the question whether workplace harassment violates Title VII's prohibition to "discriminate . . . because of . . . sex" when the harasser and the harassed employee are of the same sex.
COUT DECISION BIEF
The Petitioner, Joseph Oncale worked as a roustabout on an eight-man crew for Sundowner Offshore Services on a Chevron U.S.A oil platform in the Gulf of Mexico from August to November 1991. The crew included the respondents, John Lyons, Danny Pippen, and Brandon Johnson.
Lyons, Pippen and Johnson on several occasions, forcibly subjected Oncale to sex-related, humiliating actions in the presence of the rest of the crew. Pippen and Lyons also physically assaulted Oncale in a sexual manner, and Lyons threatened him with rape. Specifically, Lyons placed his penis on Oncale's neck on one occasion and on his arm on another occasion. Lyons also forcefully…
"Oncale v Sundowner Offshore Services." (2005). Equal Rights Advocates. September 15, 2005.
"Oncale v Sundowner Offshore Services." (2005). From Wikipedia the Free Encyclopedia. September 15, 2005.
"Same Sex Harassment." (2002). Employer-Employee.com. September 15, 2005.
"U.S. Supreme Court No. 96-568" (1998). FindLaw for Legal Professionals. Text of the judgment. In Joseph Oncale, Petitioner v. Sundowner Offshore Services, Inc. September 15, 2005.
Government Contracting class.
GAO case study: Contract dispute
One of the most recent government debacles of 2013-2014 was that of the healthcare.gov crisis. Healthcare.gov, the Internet exchange on which people could buy healthcare plans on the open market, was largely inoperable for the first months of its existence. The fact that the website was effectively the result of a failed government contract is often forgotten, due to the focus on the policy debate swirling around the requirement that all American citizens are ensured. There was later an investigation into the contract between the government and the firm (CMS) charged with designing the website. "To be expedient, CMS issued task orders to develop the federally facilitated marketplace (FFM) and federal data services hub (data hub) systems when key technical requirements were unknown, including the number and composition of states to be supported and, importantly, the number of potential enrollees. CMS used…
Ineffective planning and oversight practices underscore the need for improved contract
Management (2014). GAO-14-694. Retrieved from:
Studebaker v. Nettie's Flower Garden, Inc.
Plaintiff Judith Studebaker was injured in a car wreck with James Ferry, an employee of defendant Nettie's Flower Garden, Inc. Ferry was responsible for the accident, and Studebaker sought to recover from Nettie's for the injury under the theory of respondeat superior. Ferry was a flower delivery man for defendant. Ferry was paid per delivery, not on an hourly basis, and was responsible for establishing his own delivery schedule. Ferry used his own van for the deliveries, but Nettie had requirements for the van. Ferry did not wear a uniform, but was required to dress neatly and expected to behave in a business-appropriate manner. Ferry was responsible for his own expenses. Ferry had finished his morning deliveries and then went to a pawn shop to conduct some personal business. On the way to Nettie's shop, Ferry had an accident and hit Studebaker's automobile. Studebaker…
Cornell University Law School. (2010, August 19). Respondeat superior. Retrieved April 13,
2013 from Legal Information Institute website: http://www.law.cornell.edu/wex/respondeat_superior
Studebaker v. Nettie's Flower Garden, 842 S.W. 2d 227 (1992).
Nurse Practitioner Employment Contract
EMPLOYMENT CONTRACT AGREEMENT BETWEEN THE FOLLOWING PARTIES:
The following party shall here in be referred to as "Corporation"
GROUP HEALTH CORPORATE,
The following party shall here in be referred to as "EMPLOYEE" or "NP"
MINNIE DAVIS ARNP,
TERMS OF EMPLOYMENT
The contract duration is for two years with an option for renewal for five (5) years thereafter.
The contracted position will be paid at a salary rate of $95,000 per year with a cost of living of 5% every 2 years. The pay is not based on performance.
The contract will be renewed the sixth month after review of the employee's performance.
Paychecks will be issued monthly.
The termination of this contract may be made under the following conditions.
Violation of State or Federal Law
Breach of the Contract by either Party
Performance of the NP
Desire to Leave the…
Partnership and Employment
Two Classes of Partnership
A partnership is a business with more than one owner and has not applied to become a corporation or a limited liability company (Laurence, 2012). The two general types are general partnership and limited partnership. The general type is the more common. Each partner has a hand in its operation. It is also the simplest and least expensive business structure to create and maintain. oth partners share all the liability for the debts and obligations of the businesses, including court decisions. Either partner is bound to a contract or deal entered into by the other partner. The partners pay partnership taxes, which "pass through" their business to their respective individual income tax returns. Creating a partnership does not require filing of papers. Two persons who agree can do so and then register the business with the payment of a minimum tax. Although there…
Brachmann, S. (2012). What is a limited partnership? eHow: Demand Media, Inc.
Retrieved on June 20, 2012 from http://www.ehow.com/info_8089450_limited-partnership.html
Carabelli, C. (2012). About sexual harassment in the workplace. eHow: Demand Media,
Inc. Retrieved on June 19, 2012 from http://www.ehow.com/info_8180410_sexual-harassment-workplace.html
FCC & EEO
Federal Contract Compliance & EEO
Many foreign cultures associate the words United States of America with the vision of freedom and equality. People of many different races, disabilities and creeds have come to the United States seeking the impartiality upon which this country was founded. owever, the road to these favorable conditions of today has not been easy. The relentless pursuit of equality by Americans is written in history more than once. The most famous struggle for equality is Thomas Jefferson's Declaration of Independence. When the British began pressuring the American Colonies for more taxes, and generally becoming prejudiced, the colonists began writing poetry, drawing political cartoons, and painting patriotic pictures. The founding fathers gathered to take initiative to pursue their rights as a new country and as individuals. This paper will discuss the EEO compliance requirements necessary to become a Federal contractor as well as focus…
Hall, F.S. 1977. Gaining EEO Compliance with a Stable WorkForce. Personnel Journal. 56:454.
Landau, B.W. 2002. State Employees and Soverign Immunity: Alternatives and Strategies for Enforcing Federal Employment Laws. Harvard J. On Legis. 169(39).
Maltby, L. And Yamada, D. 1996. Beyond Economic Realities: The Case for Amending Federal Employment Discrimination Laws to Include Independent Contractors. Boston College Law Review. 38(2).
The Changing Employer-Employee Relationship and Implications on HRM
Organizations now operate in a rapidly changing world. Changes in consumer behavior, increased competitive pressure, technological advancements, as well as regulatory shifts in the last few decades have generally compelled organizations to adjust their strategies, objectives, policies, and actions in an attempt to enhance organizational efficiency and profitability (Freese, Schalk & Croon, 2011; Ulen, 2015; Abu-Doleh & Hammou, 2015). In fact, the ability to accommodate change has been marked as a vital ingredient of success in the constantly evolving operational environment (Wellin, 2007). Whereas its importance cannot be overemphasized, adapting to change has had a significant impact on the psychological contract, which essentially denotes the intangible employer-employee relationship, particularly exemplified by mutual expectations between the employer and the employee (Smissen, Schalk & Freese, 2013). The shifting psychological contract has consequently presented a significant challenge for organizations, specifically their human resource management (HRM)…
Moore (2007) argues that contract workers are a growing trend in business, even for skilled jobs. This presents challenges for team-building, for a number of reasons. This paper will outline some of those reasons and will discuss ways to address this problem.
The use of skilled contract workers is rising because of changes in the ways that workers see their employment experience, and in turn there are some reasons for companies to use such labor as well, including lowering their fixed labor costs. There are a number of challenges that arise from this arrangement. The first is that the organizational culture becomes harder to establish with these workers. On a specific project, that might be less important because each project has its own culture, but there are instances where it is beneficial for contract workers to have the same high level of culture buy-in as full-time workers. Having a consistent,…
Moore, A. (2007). The talent shift: Align your business with the future, now. Human Capital Institute. In possession of the author.
Thomas, N. (no date). Concise Adair on teambuilding and motivation. Thorogood Publishing.
Williams, M. (2006). Mastering leadership. University of Liverpool online library. [Online] pp. 132-146.
Retail Grocery: Industry Strategic Employment and Compensation Analysis
An Analysis of Ukrop's Super Markets
Although Piggly iggly was the first self-service store opened in 1916, the first supermarket to open was King Kullen Grocery Company in New York in 1930 (Food Marketing Institute 2004). Today, though, there are over 69,461 supermarkets competing nationally for a share of the American consumer food dollar. In Central Virginia, Ukrop's Super Markets have achieved a degree of success by focusing on providing busy consumers with a wide range of prepared foods, in-store cafes, full-service pharmacies and a prohibition on alcohol sales. This paper will provide an overview of Ukrop's Super Markets and the sector within the North American Industry Classification System in which they compete. An analysis of the number of establishments within the sector, the average payroll and average number of employees will be followed by an assessment of the types of benefits…
About Ukrop's. (2003). Ukrop's Super Markets. Available: http://www.ukrops.com/about/about_ukrops.asp.
Byers, S. (October 10, 2000). Press Summary Of Competition Commission Report on Supermarkets. Department of Trade & Industry. Available: http://www.kamcity.com/Library/articles/ccreport.htm .
Economic Census: NAICS 445110. (1997). U.S. Census Bureau. Available: http://www.census.gov/ epcd/ec97/industry/E445110.HTM.
Fisher, E. (October 26, 1998). Ukrop's Chain Plans Statewide Campaign. The Washington Times, 11.
bidder on a work contract may bid lower than what would maximize his/Her profit from the contract and the reason for that is to create goodwill
Ultimately, a contract is only as valuable as the signatures affixed to it. In other words, the risk of failing to gain a contract with a potentially valued partner is greater than the sum of revenue lost in the bid size. The best way to value the goodwill created by an amenable contract bid is by the length of the contract and the additional business that it generates with that client for clients referred by the present client.
From my personal experience attempting to gain contracts through an employment placement agency, providing an accessible starting bid for compensation can attract the attention of hiring companies. The goodwill and access generated by this kind of bid can ultimately lead to a more lucrative offer for…
However, in order to establish a private facility the consent of state legislature is required. Once a state makes the decision for allowing establishment of a private for-profit prison then corporations are asked to participate in bidding by submitting their proposals. The highest bidder offering better services is awarded the contract. Many states attach certain conditions such as maintenance and provision of educational and rehabilitation services before actually awarding the contract. After awarding the contract government exercises the right of monitoring and accountability by means of thorough inspections, interviews, observations, hearings, and meetings. For example, in the state of Florida there is a legal requirement that such prison facilities can be inspected at least once annually. Some argue that annual and semi-annual inspections are not enough and full-time government monitoring is required but this too may have issues of costs and corruption. To counter this some private firms have taken…
Campbell, A., Coyle, A., & Neufeld, R. (2003). Capitalist Punishment: Prison Privatization & Human Rights. Clarity Press. Atlanta.
Gandy, J. & Hurl, L. (1987). Private Sector Involvement in Prison Industries: Options and Issues. Canadian Journal of Criminology. Volume: 29. Issue: 2.
Psychological contracts are a good way of thinking when it comes to the exchange or relationship between an organization and employees. Psychological contracts refer to the perception an employee has when it comes to his or her exchange relationship with the organization; the outcomes promised by the organization and the contribution an employee is obliged to make (Pp 4)
Organizations can play an active and important role in shaping their members' Psychological Contracts. This is because there are outcomes that are part and parcel of employees' psychological contracts and thus central when it comes to the exchange of relationships with their employees.one such outcome is career opportunities not only to the job an individual holds currently but the job one expects to advance into over the course of their career. Career opportunities include getting promotions, having the opportunity of working in the kind of work one wants to do, receiving…
College of the Redwoods, (2013). Maslow's Hierarchy of Needs. Retrieved September 11, 2013 from http://redwoods.edu/Departments/Distance/Tutorials/MaslowsHierarchyPDF/maslows_hierarchy.pdf
The at-will doctrine has its negatives and its positives. The positive for the at-will employee is that it puts no contractual obligation between employee and employer. Either is free to quit the relationship at any time: the employee may quit, or the employer may fire the employee without notice or having to supply a reason. Of course, like with any rule there are exceptions; for instance, any employer cannot fire an employee for reasons of race, creed, ethnicity, etc. And recent interpretations of the National Labor Relations Act by the National Labor Relations Board have essentially seen to it that employers may not fire employees because of criticisms made by the employee of the workplace via social media (Riddle, 2016; Cavico, Mujtaba, Muffler, Samuel, 2013). The negative side of the at-will doctrine is that it can impair or limit employer-employee relationships. It inspires little loyalty in the sense…
American employment regulations. Employment in the United States is governed by a patchwork of laws that can be divided into roughly three categories. The first are equality-based laws; the second category is laws that govern treatment of workers once hired; and the third reflects worker's rights, in particular with respect to freedom of speech.
Equality-based laws were developed over time to include a number of different groups. These laws seek to eliminate numerous forms of workplace exclusion. The most important of such laws was the Civil Rights Act of 1964, which established the foundation for the antidiscrimination laws that would follow. This act prohibited employment discrimination based on race, sex, national origin or religion. Later laws extended these protections to employees over the age of forty and to the disabled (Lieberwitz, n.d.). Some states have enacted further protections, so it is necessary to understand state laws as well as federal…
Lieberwitz, R. (no date) Employment discrimination law in the United States: On the road to equality? Cornell University. Retrieved November 12, 2012 from http://www.jil.go.jp/english/events_and_information/documents/clls08_lieberwitz.pdf
NLRB. (2012). National Labor Relations Act. National Labor Relations Board. Retrieved November 12, 2012 from https://www.nlrb.gov/national-labor-relations-act
PBS. (2007). Expanding civil rights: Landmark cases. The Supreme Court/PBS Retrieved November 12, 2012 from http://www.pbs.org/wnet/supremecourt/rights/landmark_regents.html
WAGE Project. (2012). Interview questions legal. WAGE Project. Retrieved November 12, 2012 from http://www.wageproject.org/files/tart_mart_Interview_Questions_legal.php
In both cases, either businesses or individuals relocate on other markets that may appear to provide more economic opportunities.
Another trend that is noticeable at an international level and that the article emphasizes is the sectoral change during economic crisis and as a consequence of increasing unemployment rates. The reason for this is that some of the economic sectors are more affected by the economic downturn than others and, as a result, workforce tends to migrate towards those economic sectors that are still operational and profitable, while the sectors most affected suffer from a decreasing employment.
Local areas can improve the business environment in which local businesses operate so as to increase local economics. Improving the business environment can include local marketing campaigns promoting particular services that the local areas specialize in, providing local credit lines for small and medium businesses, as the most important engine of growth, and addressing…
decision will need to be made about the future of each one. Each decision will be supported with an analysis of the situation using the relevant legal framework. In general, companies are allowed to terminate employees if the termination is part of a downsizing, which in this case it is. Naturally, however, the issue of severance will be raised, and must be taken into consideration for each of the employees in question. The format will be a discussion of each individual employee, his or her situation, but then the final decision about who to terminate and how will be conducted at the end of the report. The microbrewery is probably a qualified company, with at least 15 employees, or this discussion would not be taking place.
Employee #1 -- Mike illiams. illiams is a member of a protected group, being Asian. His performance has been above the median, which gives…
Department of Labor. (2012). Employee rights under the National Labor Relations Act. U.S. Department of Labor. Retrieved April 21, 2013 from http://www.dol.gov/olms/regs/compliance/EmployeeRightsPoster11x17_Final.pdf
company familiar. This place employment, a car wash, a yard service company, . We a simple hotdog stand, run a mobile truck sells hotdogs Soldiers inprocessing center/bldg. This company sells hotdogs a bun, condiments, chips, soda.
Describe the company's supply chain
In order to differentiate itself from other similar companies, Hot Diggity Dogs has focused on the quality of its products. As a consequence, the company's management concluded that it is not enough to have a supplier deliver the hot dogs, chips, buns and soda, but that it would need to control the production process for the most important elements on its menu, namely the hotdogs, the chips and the buns.
As a consequence, Hot Diggity Dogs has expanded its supply chain to include raw materials (meat, potatoes) and the supplier manufacturing. The idea is to be involved in these processes in the quality assurance phases: personnel from Hot Diggity…
1. Hoffman, George. 2006. Supply Chain Management in a Quick Service Restaurant Environment. Michigan University
2. Patton, Patrick. 2013. Business Process Automation -- What About the Internal Processes? Interactive Intelligence.
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Affirmative Action in Procurement/Contracting
Affirmative action programs in procurement are amongst the more significant government programs proposed to progress self-employment prospects for minorities as well as women. In essence, the policy on affirmative action with regard to procurement or contracting necessitates that business concerns owned by women or the minorities, shall have the utmost gaining prospect to take part as supplies for goods and services. This also takes into account construction, irrespective of whether bought with a grant, contract or organizational funds. In accordance to Marion (2011), statistics indicate that in the year 2002, about 7% of federal procurement funds were granted to underprivileged enterprises and initiatives, through the Small Business Administration (SBA). In addition, it is a prevalent feature for numerous national and local government agencies to offer preferential treatment to organizations that are minorities (Marion, 2011). In recent periods, the decisions made by the law courts and the…
Bates, T., Williams, D. (1996). Preferential Procurement Programs and Minority-Owned Businesses. Journal of Urban Affairs 17:1, pp. 1-17.
Blanchflower, D. G., & Wainwright, J. (2005). An analysis of the impact of affirmative action programs on self-employment in the construction industry (No. w11793). National Bureau of Economic Research.
Chay, K., Fairlie, R. (1998). Minority Business Set-Asides and Black Self-Employment. Mimeo, U. of California, Berkeley.
Fairlie, R., & Marion, J. (2012). Affirmative action programs and business ownership among minorities and women. Small Business Economics, 39(2), 319-339.