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Employment-at-will is where; an employee employment contract depends on the will of the employer. This means that the employer is free to discharge or fire an employee at his own will. The employer for a "good cause," at no cause at all or bad cause may fire an employee. An employee on the other hand, is free to cease work, quit or strike. In a decision made in the year 2000 by the Supreme Court, an employer has the right to terminate an employee at will for a reason or no reason at all. The employer further may act inconsistently or arbitrarily without providing prior information or warning (Muhl, 2001). This means that the mere existence of an employment contract affords no protective measures by law that employment will end on particular conditions or will continue. This, however, may be so in a case where the…
Muhl, C.J. (2001). Employment-at-Will Doctrine: Three Major Exceptions, The. Monthly
Lab. Rev., 124, 3.
Summers, C.W. (2000). Employment at will in the United States: The divine right of employers. U. Pa. J. Lab. & Emp. L., 3, 65.
Ariana, L.R. (2010). Carpe Diem: Privacy Protection in Employment Act. Akron Law
Employment laws encompasses various laws, administrative means and precedents that describe the rights of people who are working in an organization and also restrictions between an employer and employee relationship. According to Blog 2006, these laws are vital as they help the government in achieving its goal of ensuring that the rights of its citizens are well observed. The laws are laid down to prevent employees from being mistreated by their employers.
LAWS TO BE MONITOED CLOSELY
It is so much important for some laws to be monitored closely to avoid a situation where employees are overworked, exposed to hazardous environment or may be employees termed as ineffective without compensation. In my organization there are various laws that must be followed to the letter. Some of these include tattoos in workplace. It is true to say that with time tattoos have gained acceptance in the society but this does not…
Davis, L. (1975). "Five Propositions for Social Responsibility." Business Horizons June: 19-24.
Milkovich, George T., and Jerry M. Newman (2005). Compensation. 8th Ed. New York: McGraw-Hill/Irwin
Henderson, Richard (2003) Compensation Management in a Knowledge-Based World. 9th ed. Upper Saddle River, NJ: Prentice Hall
Davis, L. (1975). "Five Propositions for Social Responsibility." Business Horizons June
Employment-at-will doctrine is a term used in the labor law referring to a contractual relationship where an employer can dismiss an employee for any reason and without a warning. When a worker is recognized as being hired based on the employment-at-will doctrine, the court does not grant the employee any claim for loss associated with the dismissal. This rule has been justified by the fact that employees may similarly leave a job without giving a reason or warning (Miller & Cross, 2010). In fact, the employer has the authority to dismiss a person for any bad or good cause or even no cause. Similarly, the employee is also at will to cease work, strike or quit. For an employee to challenge a dismissal successfully, the victim must have established that his status was not at will or the dismissal was wrongful. If employers enter into a formal employment, contract with…
Cross, F.B., Miller, R.L.R., & Cross, F.B. (2009). The legal environment of business: Text and cases: ethical, regulatory, global, and e-commerce issues. Mason, OH: South-Western Cengage Learning.
Miller, R.L.R., & Cross, F.B. (2010). The legal environment today: Business in its ethical, regulatory, e-commerce, and global setting. Mason, OH: South-Western Cengage Learning.
The purpose of this research report is to find out the employment laws which are most important to be considered for a Human esource Department. This research also aims to provide the solutions to avoid the litigation in hiring and firing processes.
The role of a Vice President in the H department brings along a number of responsibilities. One of the most important is to make sure that all the employment laws which are in place must be monitored properly in order to run the organization smoothly. In my organization I consider the laws related to the working hours as most important amongst all the employment laws. The maximum working hour time for an employee should not exceed 48 hours in a day. Apart from this, an employee cannot work more than 11 hours straight without taking a break. An employee is not allowed to work for seven…
Mark A. Rothstein, Andria S. Knapp & Lance Liebman, Cases and Materials on Employment Law (New York: Foundation Press, 1987), 738.
Lipsig, Ethan; Mary C. Dollarhide (1996). Downsizing: Law and Practice. Washington, DC: BNA Books. pp. 14 -- 35.
Clyde W. Summers, Employment At Will in the United States: The Divine Right of Employers, 3 U. Pa. J. Lab. & Emp. L. 65 (2002)
Muhl, Charles (January 2001), "The employment-at-will doctrine: three major exceptions." Monthly Labor Review. Retrieved 2006-03-20.
CIPD Employment relations Survey Report 2011
It has been noticed that the relationship between the unions and the management is usually positive. According to a survey approximately 55%of the respondents said that they have a positive relationship, there were 30% who described the relationship as neither negative nor positive and 15% said that they had negative relationship with the unions.
However, it has been noticed that since the last Employment Relation survey conducted by the CIPD in the summers of 2008 there has been a decrease in the number of people saying that they have a negative relation with the union. It can also be seen from the fact that 69% of the people said that they have positive relations while only 9% said that they have negative relation with the union.
About 50% of the people who responded, described their relations with union officials and managers as…
With regards to the declining trade union representation, it is often said that freedom mostly progresses in a very faltering fashion with a step backward for every two steps forward. But in the case of the freedom of association it is very evident from the facts that have been mentioned above that this is not a passing phase rather these restrictions might stay there if something isn't done about them. It can be clearly noted that only the countries that are very rich in natural resources or are involved in the global have seen the decline in the associational rights (ICFTU, 2006).
On a general note -- with regards to union policies at the national level -- both the European trade unions as well as the ones in United States should play a more important role in helping and supporting these unions which are under a lot of pressure and are publicizing the incidents of abuse being done to the workers. The democratic governments should make sure that they bring up the topic of the repression of associational rights at all the relevant international forums consistently such as; the UN Human Rights Council and also the regional entities like the OSCE and OAS. Lastly the methods that are being employed by the majority of companies in suppressing their workforce and ultimately the civil society should be differentiated by the democratic community along with the decline that is occurring in the associational rights of the workers (Kirchner, Pascal and Michael, 2010).
With regards to trust issues and lack of understanding of corporate vision and strategy, educational programs need to be created that inform the workforce about various business policies and processes. Lastly, union representatives need to be present -- regardless of whether that representation comes in the form of stand-alone non-union representatives or joint consultative committees -- to allow peaceful resolution of all labor disputes.
Wanted: experienced technical writer and manager sought to write, rewrite and/or edit technical documents. This job entails managing a technical writing team in charge of creating all new documentation for a newly developed architecture software. These documents include: procedure manuals, user manuals, service manuals, for use by consumers and professionals who use the product. The successful applicant will have a seven plus year background in technical writing and a bachelor of science degree in: technical writing, electrical engineering, computer science, or a related field or a three-year background in one of the related fields along with a Master's degree in technical writing. xperience accepted in lieu of a degree in a related field, but all applicants must have at least a bachelor's degree. Candidates will observe the performance of and be taught to use a newly designed architecture-based software, and then work with the design team to…
Employers are also forbidden from asking: what country are you from (Giang, 2013)? National origin is a protected category under Title VII. Employers can inquire as to whether a candidate has a legal right to work in the United States, but not questions about country of origin.
Like the above question, employers are prohibited from asking: is English your first language (Giang, 2013)? Because English is taught in all primary schools in the United States, this question could reveal national origin of the applicant or of the applicant's family members. An employer can require English proficiency as part of the job, but may not ask about whether English was an applicant's first language.
One question that most employers do not realize is prohibited is: have you used illegal drugs in the past (Giang, 2013)? They also cannot ask: do you drink (Giang, 2013). Addiction is a protected disability under the Americans with Disabilities Act. Therefore, questions aimed at uncovering a candidate's past substance abuse are not permitted because they could touch
Some unions and their federations, however, presently have notable welfare programs, including human services. As of 2007, there were more than 10 million union members in Japan, and the organizational rate was 18.1%. The members were two thirds the number but 1.5 times the rate of those in the United States. Japanese union's mission is to be "maintaining and improving the conditions of work and raising the economic status of workers. Enterprise unionism is traditionally accompanied by lifetime employment and wage and promotion by a seniority system, particularly in large organizations. These three are commonly included in a set as the major characteristics of Japanese industrial relations or personnel management. They are intimately interwoven and confine employees to the internal labor market and strengthen their attachment to enterprises (Akimoto & Sonoda, 2009).
As is the case in other advanced capitalist societies, the trade union movement in Israel has undergone a…
(n.d). Employee relations (ER). Retrieved from XRefer XML database.
Akimoto, T., & Sonoda, Y. (2009). Labor Welfare in Japan: Social Change and Enterprise Unionism. Journal of Workplace Behavioral Health, 24(1/2), 243. Retrieved from MasterFILE Premier database.
Bridges, W., & Villemez, W. (1991). EMPLOYMENT RELATIONS AND THE LABOR MARKET: INTEGRATING INSTITUTIONAL AND MARKET PERSPECTIVES. American Sociological Review, 56(6), 748-764. Retrieved from SocINDEX with Full Text database.
EMPLOYEE TURNOVER. (2004). In Encyclopedia of Health Care Management, Sage. Retrieved from http://www.credoreference.com/entry/sageeohcm/employee_turnover
The employer has an established protocol for dealing with allegations of sexual harassment, and a sexual harassment complaint triggers protections for the employee. An employee engaging in sexual harassment of any other employees, clients, or business associates of the employer, will be disciplined. Any employee engaging in sexual harassment who has been notified by the victim, a supervisor, or any other employee of the employer, that such conduct is unwanted and harassing, who continues that activity will be subject to immediate termination.
Affirmative action refers to programs aimed at guaranteeing that employers adhere to state and Federal anti-discrimination lawsuits. Some people are concerned that affirmative action programs discriminate against majorities because they impermissibly consider race or gender in the hiring process, a position that is generally rejected by the EEOC. Because this employer has found that it can achieve and maintain a diverse workplace without the use of…
EEOC v. Waffle House, Inc., 122 S. Ct. 754 (2002).
EmployeeIssues.com. "Whistleblower Protection." Retaliation. 2008. EmployeeIssues.com. 22
Jan. 2009 http://employeeissues.com/whistleblower.htm .
Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. 2000e et seq.
For instance, New York fair employment practice is governed by the New York State Human ights Law and bans discrimination on the basis of age, race, creed, complexion, citizenship, disability, gender inclusive of pregnancy and/or marital status. The state law provisions under the Human ights Law regarding disability happened to be a wider compared to the prohibition under the federal laws, however are considerably akin to those under the Americans with Disabilities Act. -- ADA. The state protective scheme of the New York state does not bear much difference compared to other states, save to the degree that several states have a wider coverage in some areas and/or particular necessities in certain spheres. It is pertinent to note that the coverage of the New York State Human ights Law starts for every employers with 4 or more employees relative to the coverage for Title VII starting with 15 employees at…
Employment and Labor- Issues and Answers: Equal Employment Opportunity Commission ('EEOC')" Retrieved from www.entwistle law.com/law_firm/employment-labor-answers/title-vii.htm http://www.entwistle law.com/law_firm/employment-labor-answers/title-vii.htm Accessed on 12 May 2005
Employment and Labor- Issues and Answers: Other Federal Statutes" Retrieved at http://www.entwistle-law.com/law_firm/employment-labor-answers/other-federal-statutes.htm . Accessed on 12 May 2005
FLSA Section 14-, the Payment of Special Minimum Wages to Workers with Disabilities for the Work being performed." U.S. Department of Labor. Retrieved at http://www.dol.gov/elaws/esa/flsa/14c/ . Accessed on 12 May 2005
General Information on the Fair Labor Standards Act FLSA." U.S. Department of Labor. Retrieved at http://www.dol.gov/esa/regs/compliance/whd/mwposter.htm . Accessed on 12 May 2005
Training sessions can also focus both on employers and employees, their understanding of the concept of employment risk, and their communication skills. When communication is improved, employment risk can also be reduced. Employees especially can learn to improve their communication skills, whereas employers can collaborate in this effort by creating an open environment, in which employees have the freedom to voice any concerns. During such training sessions the company protocol with regard to employment risk can also be drawn up for both employers and employees to discuss. In this way employment risk becomes an open issue rather than a hidden one behind which employees can hide whenever there is a chance of suing the company. The company's objectives can then be reached in a more focused manner, and both employers and employees can benefit.
Employment risk is mostly related to employee dissatisfaction and stress factors. These are then also aspects…
Many of the gaps in protection, such as afforded under Supreme Court precedent to members of suspect classes have since been strengthened by various acts of Congress, such as those in connection with employment discrimination against disabled workers, and those over 45 years of age (Edwards, Wallenberg, & Lineberry, 2008). Undoubtedly, employment (and other forms of) discrimination against members of suspect classifications still occur even today; however, whereas in the past employers did so very openly and unashamedly, that is no longer possible today (Dershowitz, 2002; Halbert & Ingulli, 2007).
Despite the tremendous progress in civil rights in the last century, federal law does not yet recognize employment (or other types of) discrimination against many categories of minorities, such as homosexuals and transgender individuals, among others. It also affords significantly less protection to certain federally-recognized minority classifications than it allows in connection with the suspect classifications such as race…
Dershowitz a. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:
Simon & Schuster.
Edwards GC, Wallenberg MP, and Lineberry RB. (2008). Government in America:
People, Politics, and Policy. New York: Longman.
Employment Discrimination and Globalization
Entity type and location. This business start-up, registered as Sexy Shoes for Her, Inc., is a single-member Limited Liability Company taxed as a corporation (IS, 2011). All stock is held by the principle and by members of the principle's immediate and extended family, such that, even though the firm is not a corporation, its membership resembles that of a closely-held corporation. The organization process has been completed, and all applicable filing and licensing fees have been paid. The paperwork has been purchased and printed, including corporate seals and stock certificates (eed, et al., 2008). Initial meetings of members have been held, and the Articles of Organization have been finalized. (IS, 2011) Attorney fees for the organization process, legal filings, and advice about the start-up activities have accrued and been paid. The headquarters are in Manhattan, so the company is registered as a domestic LLC with the…
Baily, A.L. And Desiderio, J.M. (2007, May 9). Defining when 'time is of the essence' -- the court offers guidance on required language, New York Law Journal. Retrieved http://www.alblawfirm.com/siteFiles/News/
Breach of contracts. (n.d.). Find Law [Web] Retrieved http://smallbusiness.findlaw.com/business-forms-contracts/business-forms-contracts-overview/business-forms-contracts-overview-breaching.html
Contract terms -- do and don't. (n.d.). Find Law [Web] Retrieved http://smallbusiness.findlaw.com/business-forms-contracts/business-forms-contracts-overview/business-forms-contracts-overview-do-don 't.html
The Mexican professionals and executives on the other hand based on the existing relationship take advantage of the lowered restrictions on the borders to seek employment in foreign countries and negotiate for better pay. However the only drawbacks are opportunities denied which are occupied by the foreigners in similar positions (Economy watch, 2010).
Different countries have different wages; in some cases the government has a direct influence in setting the wage bracket for employees in different categories. Wages vary from one country to another which is backed by a number of factors, various fundamentals and the economic conditions at any given time. Different economic situations call for different measures and adjustments as may be stated by the concerned authorities. The economic power of a nation is gauged in terms of the availability of natural resources and economic developments.
The average wage is higher in countries where labour productivity…
Economy watch, (2010). Foreign Direct Investment in Mexico. Retrieved October 21, 2012 from http://www.economywatch.com/foreign-direct-investment/countries/mexico.html
International Labour Office, (2008). Global Wage Report2008/2009. Retrieved October 21, 2012 from http://www.ilo.org/wcmsp5/groups/public/-dgreports/-dcomm/documents/publication/wcms_100786.pdf
Jesse Vorton, (2010). Globalization's Impact on jobs and wages. Retrieved October 21, 2012 from http://www.helium.com/items/1873177-jobs-and-wages-globalization-creates-jobs-boosts-wages
Maps of the world, (2012). Mexico Population. Retrieved October 21, 2012 from http://www.mapsofworld.com/mexico/population-in-mexico.html
Employment at Will: Definitions of Terms
The principle of employment-at-will is one of the major concepts governing labor relations in the United States. Employment-at-will is a doctrine that gives employers the liberty to terminate an employee, or change the terms of an employment contract, at any time without any reason, warning, or explanation. Additionally, the principle also implies that an employee can quit his/her job at any time and for whatever reason. However, in an unstable labor market, or one in which unemployment rates are high, the employer possesses a significant amount of power through the invocation of employment at will. Employment-at-will is a principle that has traditionally been utilized to govern employment relations except in some situations such as in cases where employment contracts, implied contracts, public policy, and good faith and fair dealing exist. Employees rarely if ever have the right to demand greater job security. Therefore, the…
Doyle, A. “Exceptions to Employment at Will.” The Balance. September 13, 2017, https://www.thebalance.com/exceptions-to-employment-at-will-2060484
Doyle, A. “What Does Employment At-Will Mean?” The Balance. February 10, 2018, https://www.thebalance.com/what-does-employment-at-will-mean-2060493
National Conference of State Legislatures. “The At-Will Presumption and Exceptions to the Rule.” http://www.ncsl.org/research/labor-and-employment/at-will-employment-overview.aspx
Ryan, Liz. “How At-Will Employment Hurts Business.” Forbes. May 1, 2014, https://www.forbes.com/sites/lizryan/2014/05/01/how-at-will-employment-hurts-business/#6d282d1934d5
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).
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
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. .
This is a paper about employment in Florida. There are two references used for this paper.
The labor market throughout the country is constantly changing. It is interesting to look at Florida's economic and employment history, as well as the trends and changes in its job market.
Florida's economy has "greatly expanded and diversified since the early 20th century, when it was dominated by farming. Agriculture remained important in the early 1990s, but tourism was the leading economic sector, and manufacturing also contributed heavily to the economy (www.k2mall.com/2/florida/fl/fl3.html)." The United States government has been a leading employer with instillations such as the "John F. Kennedy Space Center on Cape Canaveral, and Eglin Air Force Base near Pensacola (www.k2mall.com/2/florida/fl/fl3.html)."
Miami's location has been beneficial to Florida's economy as it continues to grow into an "international financial center for the Caribbean region (www.k2mall.com/2/florida/fl/fl3.html)." The influx of retirees…
Burger, Frederick. "A Sunny Outlook Helps Reshape Florida's Economy." (accessed 25 March 2004). www.siteselection.com/features/2000/nov/fl/).
Florida. (accessed 25 March 2004). www.k2mall.com/2/florida/fl/fl3.html).
The average annual earnings of these managers in May 2004 were $92,570. According to the website 'Salary expert,' an Information Systems manager working in New York/New Jersey area can earn an average annual salary of $185,103 per year. Although this salary may seem quite large, the cost of living and purchasing power of this salary in the area must be factored into the salary. Simply to live in this area of high rents, sales taxes, and property taxes requires bearing additional expenses. Secondly, this affluent area boasts many top graduates from major universities who can command top salaries. The number of companies in the area that need such specialists also creates a more competitive market from a demand side, and drives up the price of this type of labor. In contrast, for a person in the same employment in Youngstown Ohio such an executive would earn an average annual salary…
Occupational Outlook Handbook, 2006-07 Edition. (7 Sept 2007).
Computer and Information Systems Managers. Retrieved on 7 Sept 2007 at http://www.bls.gov/oco/ocos258.htm .
Salary Expert." (2007). Official Website. Retrieved 7 Sept 2007 at http://salaryexpert.com/seco/index.cfm?Action=DisplayNAInput&CobrandID=95&area=360000
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…
If we refer to the latter term, for example, a proactive approach will imply creating the necessary physical and emotional condition for a disabled employee to function properly in the group.
1. Civil Rights -an overview. Legal Information Institute. On the Internet at http://www.law.cornell.edu/topics/civil_rights.html
2. Employment Rights - an overview. Legal Information Institute. On the Internet at http://www.law.cornell.edu/topics/employment_discrimination.html
3. he Evaluation Center - glossary. On the Internet at http://www.wmich.edu/evalctr/ess/glossary/glos-a-d.htm
4. Definition of Undue Hardship. On the Internet at http://www.peo7.com/htmFiles/Definition662.htm
5. Reasonable Accommodation Policy. On the Internet at http://www.cityofsacramento.org/adaweb/Reasonable%20ACCOM%20Policy.
Civil Rights -an overview. Legal Information Institute. On the Internet at http://www.law.cornell.edu/topics/civil_rights.html
Employment Rights - an overview. Legal Information Institute. On the Internet at http://www.law.cornell.edu/topics/employment_discrimination.html
he Evaluation Center - glossary. On the Internet at http://www.wmich.edu/evalctr/ess/glossary/glos-a-d.htm
Definition of Undue Hardship. On the Internet at http://www.peo7.com/htmFiles/Definition662.htm
Reasonable Accommodation Policy. On the Internet at http://www.cityofsacramento.org/adaweb/Reasonable%20ACCOM%20Policy.htm
The Evaluation Center - glossary. On the Internet at http://www.wmich.edu/evalctr/ess/glossary/glos-a-d.htm
Definition of Undue Hardship. On the Internet at http://www.peo7.com/htmFiles/Definition662.htm
Reasonable Accommodation Policy. On the Internet at http://www.cityofsacramento.org/adaweb/Reasonable%20ACCOM%20Policy.htm
Secondly, development programs may prove enticing enough to potential employees. Therefore, the company can use them in order to attract the desired staff capable of inducing the organization's growth.
Thirdly, if existing employees are trained for different or more complex tasks, these may become eligible for vacant positions or may handle a wider range of activities. In this context, the company saves money by reducing its need to hire.
Another benefit of development consists of rewarding loyal employees who after learning new skills are promoted to higher positions. This also accounts for a company's performance.
Last, but not least, development strategies allow employees to be more independent or, in other words, they give them wings to fly. This autonomy cuts off the supervision costs, thus increasing the company's efficiency, and inherently, performance (http://www.allbusiness.com/human-resources/careers-job-training/1151-1.html).
Employee training also plays a major part in maintaining a work/life balance. This is essential for the…
1. Goldstein, S., 2003. Employee Development: An examination of service strategy in a high-contact service environment, [Online], Available:
2007, January 30].
2. Gross, B., 2000. Effective Training Programs for Managers, [Online], Available:
In presenting their case to the U.S. Supreme Court the company articulated that the usurpation of the authority of a seniority system is not justifiable under the AA provisions, and as such Barnett was not wrongfully denied the opportunity to maintain his position.
oes the Supreme Court ecide that a Seniority System "Trumps" and Accommodation Request?
The Court in arriving at its decision presents a reasoned and thoughtful explanation of seniority systems relative to employer/employee hiring. In doing so the Court articulates a considerable advantage and benefits for employees under a company seniority system, "by creating, and fulfilling, employee expectations of fair, uniform treatment. These benefits include 'job security and an opportunity for steady and predictable advancement based on objective standards'" (Reed, O. Shedd, P. Morehead, J. & Pagnattaro, M. 2008). This tactic allows the Court to posit that a seniority system in fact "trumps" an accommodation request under the…
Does the Supreme Court Decide that a Seniority System "Trumps" and Accommodation Request?
The Court in arriving at its decision presents a reasoned and thoughtful explanation of seniority systems relative to employer/employee hiring. In doing so the Court articulates a considerable advantage and benefits for employees under a company seniority system, "by creating, and fulfilling, employee expectations of fair, uniform treatment. These benefits include 'job security and an opportunity for steady and predictable advancement based on objective standards'" (Reed, O. Shedd, P. Morehead, J. & Pagnattaro, M. 2008). This tactic allows the Court to posit that a seniority system in fact "trumps" an accommodation request under the ADA however, in doing so employees are in the totality of cases better served, if in a case by case basis such as Barnett the employee may not.
The Court's reading of the legislation places a superiority of the seniority system over the ADA because they could "find nothing in the statute that suggests Congress intended to undermine the seniority system" (Reed, O. Shedd, P. Morehead, J. & Pagnattaro, M. 2008). In particular the Court reasons that if employers were forced to prove on a case by case basis that seniority systems alone were not enough to override ADA legislation, then the "accommodation decision might well undermine the employees' expectations of
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
I was able to see the patience and love that Jane has extended to my children. She very patiently taught my youngest child all his shapes and colors during his eighteenth month.
Jane's effort in teaching my children was manifested in ways more than one. My middle child showed drastic improvements in her reading level. She even jumped two reading levels in just one year! My eldest daughter, on the other hand, was able to excel in soccer and in school as well. I must say that my children have become the well-adjust persons that they are now through Jane's help.
One of the best things that Jane did for my family, especially for my children was helping them during one of the toughest times of their lives. In 2006, my children lost their mother. Jane's presence got them through this grieving process. She was not just their nanny, nor…
The job opportunity
Data analyst at Ciber, as solicited in the following advertisement from www.jobview.monster.com
"Ciber is looking for a Data Analyst to analyze data from various GFS. This Senior Data Analyst will have experience working in an enterprise environment and crunching numbers that have high levels of visibility.
Strong to expert level skills and experience in MS Excel: if statements, vlookup, hlookup, pivot tables, macros, etc.
A rich history of analytical and problem solving skills and accomplishments.
Analytical and detail oriented individual that enjoys working with data solutions.
Strong to expert skills in data manipulation with tools like MS Excel and Excel reporting.
Ability to quickly comprehend complex spreadsheets/data.
Intermediate SQL query, & SSRS background.
Good communication and presentation skills to executive management audiences.
Skilled at working with large data sets in Excel, quickly resolving data-related issues.
Clean lines of communication to Executive…
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
The asis for Recruitment and Quality of enefits that are being provided
When you evaluate the basis for recruitment, it is obvious that the application is providing a number of different techniques that are used. The most notable include: identifying the position itself, attracting the most qualified candidates and informing applicants about various laws / what the information will be used for. Identifying the position itself is when the individual will see that there is an opening and they will fill out position that they are applying for. On the McDonald's application, they are identifying what position is that they are seeking and their different qualifications for working at the company. Attracting the best qualified candidates is when the company is letting know about what they have to offer in the form of: benefits and compensation. On the application, this can be seen in the section where it is asking…
Employee Benefits. (2011). McDonalds. Retrieved from: http://www.aboutmcdonalds.com/mcd/careers/employee_benefits.html
Guiding Principles (2011). HR Berkley. Retrieved from: http://hrweb.berkeley.edu/guides/managing-hr/recruiting-staff/employment/recruitment/principles
Job Application. (2011). McDonalds. Retrieved from: http://www.job-applications.com/mcdonalds-application/
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.
Presence of minority groups at a workplace
At work places, individuals are being discriminated on the basis of being a minority. Structural theory states clearly there is always a consequence for being the minority. This theory is in relation to three known token dynamics which include; it leads to contrast effect that leads to social isolation, it has the element of visibility that results to performance pressure and it also results to stereotyping or role encapsulation (Bell, 2007). Discrimination may be as a result of the individual (from the minority group) being scrutinized to find out whether he/she is capable to excel in whatever he/she is doing. From this theory, an individual whom the public does not associate his/her presence with a certain kind of work is more doubted than a person whom they have faith that he/she can handle the work. For example, a woman with mechanic skills can…
Alon, S., & Haberfeld, Y. (2007). Labor force attachment and the evolving wage gap between White, Black, and Hispanic young women. Work and Occupations, 34, 369-398.
Byron, R.A. (2010). Discrimination, Complexity, and the Public/Private Sector Question. Work and Occupations, 37(4), 435-475. doi: 10.1177/0730888410380152
Bell, M.P. (2007). Diversity in organizations. Arlington: South-Western Cenage Learning.
Couch, K.A., & Fairlie, R. (2010). Last hired, first fired? Black-White unemployment and the business cycle. Demography, 47, 227-247.
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.
This can also lead to feelings of inadequacy and low self-esteem.
It is also noted that religious discrimination can be both overt and covert. Overt discrimination is a more obvious form of discrimination, such as name -- calling and physical intimidation ( Perceived eligious Discrimination and its elationship to Anxiety and Paranoia among Muslim Americans). Covert discrimination is often more insidious and psychologically harmful in that it is suggested by innuendo and veiled remarks that are often less able to be attacked or defended against.
It is also claimed that continued stress as a result of discrimination can lead to mental health problems such as depression and anxiety. However, there is a paucity of research in this area; for instance, "Although the effects of discrimination and hate crimes among various minority member's mental health is documented, no research to date examines the correlates of perceived discrimination among Muslim Americans" (Perceived…
Employment Discrimination Based on Religion, Ethnicity, or Country of Origin. Retrieved from http://www.eeoc.gov/facts/fs-relig_ethnic.html .
DISCRIMINATION BASED ON RELIGION. Retrieved from http://www.oregon.gov/BOLI/CRD/C_Religion.shtml .
Discrimination- Introduction. Retrieved from http://www.compactlaw.co.uk/monster/empf28.html
Discrimination: Religion. Retrieved from http://www.aflcio.org/issues/jobseconomy/workersrights/rightsatwork_e/disc_religion.cfm
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:
S. economy has shifted from a goods-producing economy to a service- reducing market particularly in the area of knowledge management / technology. With the introduction of the computer in the 1980s, the information sector dominated economy as a desired service and its appeal has risen ever since.
As the Table shows, there was a deep 1980s recession and then a more shallow 1990s downturn, but following each of these drifts the employment trend again began to rise encouraged by innovation in the IT sector.
In short, the reasons given for the rise in employment during these years is: 1. Increased wages; 2. ise in college gradates; 3. Increase in female employment; and 4. The rise of the service sector (particularly IT). This rise in employment, with breaks in the 1980s and a more subdued drop in the 1990s indicate this pattern.
Lee, D. & Wolpin, K.I. (2005). Accounting for…
Lee, D. & Wolpin, K.I. (2005). Accounting for wage and employment changes in the U.S. from 1968-2000: A dynamic model of labor market equilibrium,
Retrieved from http://econ.duke.edu/~psarcidi/doghoon_paper.pdf
Table Indicating Pattern of Employment: 1968-2000
The main defense to a disparate treatment lawsuit is that the plaintiff was not treated differently than similarly-situated people. An ancillary defense to a disparate treatment claim is that the plaintiff was treated differently, but that the discrimination is part of a bona-fide occupational qualification.
Reasonable accommodation refers to the accommodations that an employer must provide to an employee under federal anti-discrimination laws. The term is most frequently used to describe actions under the Americans with isabilities Act, though Title VII of the Civil Rights Act of 1964 may imply a duty for reasonable accommodation of certain things, such as allowing a nursing mother time to breast pump during the workday. A reasonable accommodations lawsuit is almost always going to involve a single plaintiff. The first defense is that the accommodations were reasonable. However, there are several factors relating to exactly what type of accommodation an employer must make, and…
Disparate impact employment discrimination suggests that an employment practice has a greater impact on one protected group than it does on other groups. For example, a non-driving related job in New York city, which required the employee have a driver's license might impact members of different races in different ways. If there is a disparate impact, then the employer has to prove that the questionable practice is actually linked to the performance of the job. Disparate impact cases generally have a greater number of plaintiffs, because they deal with how large groups of people are impacted by a company's employment practices, though a single plaintiff can bring a disparate impact suit, as well. The main defense to a disparate impact lawsuit is that the practice in question does actually have a relationship to the job.
Disparate treatment alleges that an employer discriminated against a specific, protected person, or that a company's employment policies intentionally discriminate against a protected class. For example, the lawsuit that was brought against Hooters' restaurant alleged disparate treatment because male servers were not hired at the restaurant. Generally there is a single plaintiff in a disparate treatment lawsuit, though if a company's employment policies are facially discriminatory, there could be numerous plaintiffs. The main defense to a disparate treatment lawsuit is that the plaintiff was not treated differently than similarly-situated people. An ancillary defense to a disparate treatment claim is that the plaintiff was treated differently, but that the discrimination is part of a bona-fide occupational qualification.
Reasonable accommodation refers to the accommodations that an employer must provide to an employee under federal anti-discrimination laws. The term is most frequently used to describe actions under the Americans with Disabilities Act, though Title VII of the Civil Rights Act of 1964 may imply a duty for reasonable accommodation of certain things, such as allowing a nursing mother time to breast pump during the workday. A reasonable accommodations lawsuit is almost always going to involve a single plaintiff. The first defense is that the accommodations were reasonable. However, there are several factors relating to exactly what type of accommodation an employer must make, and an employer can claim that the accommodation was too costly or otherwise prohibitive, and actually be excused from providing the accommodation.
Irrespective of whether or not AC Apartments satisfied its duty of reasonable care with respect to the safety of its tenants, the harm for which liability is claimed must relate directly to any failure to satisfy that standard. More particularly, to establish liability, the plaintiff must also establish that any negligence of AC in failing to exercise reasonable care was the proximate cause of the harm that resulted (Freidman 2005).
For example, had the apartment complex manager previously been sentenced for rape as a juvenile, even a thorough criminal background check performed by AC Apartments would have failed to disclose that information, through no fault of AC Apartments. A more interesting factual situation arises if AC failed to satisfy its duty of care owed to its tenants by neglecting to perform any pre-employment criminal background check of the manager but where the only relevant information available would have required…
Feliu, a., Johnson, W. (2002) Negligence in Employment Law. Washington, DC: BNF, Inc.
Friedman, L. (2005) a History of American Law. New York: Touchstone Halbert, T., Ingulli, E. (2000) Law & Ethics in the Business Environment 3rd ed. Cincinnati, OH: West Legal Studies
Schmalleger, F. (1997) Criminal Justice Today: An Introductory Text for the 21st Century. Hoboken, NJ: Prentice Hall
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
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 completely understand the agency's chain of command, rules, and protocols. Frankly, I also appreciated the camaraderie that I enjoyed at the LCSD because it made it an absolute pleasure to come to work everyday and I look forward greatly to the opportunity to rejoin the team. Naturally, I missed the annual picnic provided by Director Strout, as well.
It would be my most sincere pleasure to have another opportunity to work for Director Dean Strout, Lou Mackoler, John Carillo, Tray Strout, and Ruben Verillo again and I am confident that they will be able to confirm my suitability for the advertised position. I look forward tremendously for the opportunity of an interview and genuinely appreciate the chance to return to the Los ngeles County Sheriff's Department as an electrician because my previous employment in that same capacity has been my career highlight to date.
As a former (laid off temporary) employee of the Los Angles Sheriff's Department in the same capacity as this job opening from 2006-2010, I am already thoroughly familiar with the requirements and responsibilities of the Electrician position. During my previous tenure in this same position, I became familiar with and knowledgeable about all of the agency's facilities, including Twin Towers, Men's Central Jail, Pitches, CRDF, Mira Loma. FSB Headquarters, and Crime Lab. Additionally, I have already worked at the Lancaster, Palmdale, East Los Angeles, Lennox, Pico Rivera, San Dimas, Temple, Walnut/Diamond Bar, and West Hollywood stations.
Most importantly, I learned how to perform all of the positional responsibilities and tasks described in the job announcement in my previous LACSD position under the tutelage of my supervisors and Lou Mackoler and John Carillo. Also, I have already received the necessary training and have considerable experience interacting with and working safely around inmates and sworn personnel alike. I completely understand the agency's chain of command, rules, and protocols. Frankly, I also appreciated the camaraderie that I enjoyed at the LACSD because it made it an absolute pleasure to come to work everyday and I look forward greatly to the opportunity to rejoin the team. Naturally, I missed the annual picnic provided by Director Strout, as well.
It would be my most sincere pleasure to have another opportunity to work for Director Dean Strout, Lou Mackoler, John Carillo, Tray Strout, and Ruben Verillo again and I am confident that they will be able to confirm my suitability for the advertised position. I look forward tremendously for the opportunity of an interview and genuinely appreciate the chance to return to the Los Angeles County Sheriff's Department as an electrician because my previous employment in that same capacity has been my career highlight to date.
Deliberate discrimination may be to blame -- in part. But companies can also make it easier for women to balance the challenges of work and family life in a more effective fashion, given that these responsibilities often fall disproportionately on female shoulders. Providing day care for women, allowing more flexible work schedules for employees, as well as diversity and sensitivity training are all necessary. Encouraging female mentorship programs to undercut the influence of the still strong 'all boys network' of promotion is another critical move to shatter the ceiling.
Equal Pay and Compensation Discrimination." 1(Oct 2007).
The U.S. Equal Employment Opportunity Commission. Retrieved 13 Dec 2007. http://www.eeoc.gov/types/epa.html
Kennedy, John. (10 Jul 1964). "Remarks upon Signing the Equal Pay Act."
The American Presidency Project. Retrieved 13 Dec 2007. http://www.presidency.ucsb.edu/ws/index.php?pid=9267
Equal Pay and Compensation Discrimination." 1(Oct 2007).
The U.S. Equal Employment Opportunity Commission. Retrieved 13 Dec 2007. http://www.eeoc.gov/types/epa.html
Kennedy, John. (10 Jul 1964). "Remarks upon Signing the Equal Pay Act."
The American Presidency Project. Retrieved 13 Dec 2007. http://www.presidency.ucsb.edu/ws/index.php?pid=9267
Chapter 21: Case Problem #5
Holmes' role as president of After-School Care Corp. might seem to be in conflict with his decision to purchase Pro-Provider. This is because it is typical in such instances that high-ranking personal will be party to non-compete agreements which are intended to prevent them from exploiting their role within the framework of an organization as a way of ultimately undermining said organization.
However, a Supreme Court of Missouri decision reveals that non-compete agreements are not a cut-and-dry statement of prohibition against providing competition for a former employer. As Corrigan & Kass (2006) report, "protection of the employer, not punishment of the employee, is the essence of the law."An employer cannot extract a restrictive covenant from an employee merely to protect himself from competition.' The Supreme Court of Missouri has stated that '[a]greements of this kind restrain commerce and limit the employee's freedom to pursue his…
Corrigan, W.M. & Kass, M.B. (2006). Non-Compete Agreements and Unfair Competition - an Updated Overview. The Missouri Bar.
Miehe, S. (2010). When You Can't Pay Your Business Debts: Personal Liability and Bankruptcy Options. NOLO.
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…
A prospective change of career would be one in which I would become a novelist and I would be able to write my books, do research in various places, set my own working hours and get recognition for my work. In order to gain more insight into this field, I have met with Karen Malloy at Raider Publishing. I decided to meet with her since she is in charge of discovering new talents and she also seemed interested in seeing me and discussing my issues; her motivation was represented by the potential of future collaboration.
The interview commenced at 10 A.M. On a Wednesday and both participants arrived in time. Miss Malloy asked her assistant to bring us some coffee. We then exchanged a few pleasantries and got to talking about writing. Before having the opportunity to ask my own questions, Miss Malloy wanted to know…
Creative Arts Therapist
Dear Department of Veterans Affairs,
I am writing to apply for the position of Creative Arts Therapist (Music), as advertised on the U.S.A. JOBS database (http://www.usajobs.gov/GetJob/ViewDetails/324855700). I am an American citizen and am compelled to treat those who have fought in the armed services. I also have a valid American driver's license, and would be available to relocate on short notice. It would truly be an honor and a privilege to assist the heroes who fight for our freedom.
I am currently receiving my associate's degree in Creative Arts Therapy. Although I do not possess substantial experience, my familiarity with both psychotherapy and dramatic arts ensures that I will provide outstanding service. I am talented in assembling pre-evaluation data, interpreting medical records, review prescriptions issued by the physician, conducting mental and physical evaluations, and finally, developing treatment plans. I have energy and compassion and will…
The New School For Public Engagement. (2012). Creative Arts Therapy. Retrieved from http://www.newschool.edu/continuing-education/creative-arts-therapy-certification/ .
USA Jobs. (2012). Creative Arts Therapist (Music). Retrieved from http://www.usajobs.gov/GetJob/ViewDetails/324855700 .
The following shall be answers to questions that relate to employment law. It shall be a case analysis.
PG 93 Questions
Southwest Airlines Company has accepted that it is an organization, which recruits only female workers. It rejects employing male workers. It has both weight and height limits which would inhibit male applicants. It stated that a Title VII outlaw on discrimination of sex justified its recruitment of female workers for public contact posts of flight attendants and ticket agents. The company maintained its reasons for not employing male workers, as being that the female workers would present the sexy image of the company (Bennett-Alexander and Hartman, 2012 page 92). The issue that hence results now, is whether Southwest has proved that being female is a practically essential BFOQ to sustain the success of the business hence the discrimination in sex. Southwest Airlines failed in their defense claim.…
Baez. (2013, January 26). Cornell HR Review -- The Cornell HR Review is a student-run HR publication that provides timely articles, essays, and executive commentary. Personality Tests in Employment Selection: Use With Caution -- Cornell HR Review. Retrieved October 18, 2015, from http://www.cornellhrreview.org/personality-tests-in-employment-selection-use-with-caution/
Bennett-Alexander, D., & Hartman, L. (2012). Legal Construction of the Employment Environment. Employment Law for Business (7 Ed.). McGraw-Hill Higher Education.
An employer should monitor technology usage because it will cut down on waste, in particular of employees wasting time when they should be working.
Employers should also monitor technology to reduce their liability risk as well. There is the risk that employees will do things online that are illegal (such as downloading) or could otherwise perform tasks that create liability when company resources are used in the act. If the company monitors usage, then it can argue that it has done its best in terms of trying to reduce this risk.
One reason that employers should not monitor technology use is because it could represent an invasion of privacy of the worker. The worker could need to use that technology for things like answering emails or doing banking online, and if this is being monitored the company could record things like passwords and codes.
Another reason why employers…
Failing to use the union as a forum to achieve this aim is in fact depriving the labor class of the diverse set of skills which it requires in order to remain irreplaceable.
To the point, the article by Stroud & Fairbrother indicates that at present, unions will tend to fall well short of their stated ambitions as a result of this critical oversight. Unions are not seizing on the captive opportunities availed to them through worker organization in order to promote labor education goals. To Stroud & Fairbrother, "the outcome is that trade union involvement in skill formation and workplace learning is marginal, and contributes to the perpetuation of traditional sector practices and regressive learning provisions." (Stroud & Fairbrother, 6)
Under such a circumstance, management and ownership are left to determine the course of employment education. In this determination, such parties predictably emphasize only those educational goals which are…
. (?). Unions and Workplace Learning. .
Cassell, C. & Lee, B. (2009). Trade Unions Learning Representatives: Progressing Partnership? Work, Employment & Society, 23(2), 213-230.
Stroud, D. & Fairbrother, P. (2008). Workplace learning: A Trade Union Failure To Service Needs. Journal of Workplace Learning, 20(1), 6-20.
One of the qualities I pride myself in is that of honesty. I am a firm believer that if you are being paid you must give a work that is equal to the pay you receive. There are times I without hesitation go well beyond what is expected or anticipated to have a job accomplished because I understand the need to get the job done. I am a definite stickler for not only doing the job right but also doing the right job. I believe that honesty is an important quality for any employee to have so that your employer can have confidence in you.
I am also interested in working with your organization because I believe that it would provide me with the necessary experience and opportunity to advance my life goals. I see your company as providing the environment for individual development. I am of the view that…
employment law is as important as knowledge of criminal law to the security manager. Discuss Over the last several years, the issues of employment and criminal law have become increasingly connected. This is because of shifts in attitudes about changes in the responsibilities of security managers. What is happening; is they are expected to serve as a stop gap measure to prevent potential abuses from taking place. The challenge is that these adjustments mean they must have a greater understanding of these concepts in order to provide effective advice about how to deal with them. (Cole 2007)
For instance, one of the issues impacting firms is the numerous lawsuits they will face from their activities and the effects they are having on everyone. In some cases, this can lead to litigation from employment related disputes with some instances bordering on criminal law. To provide the best assistance requires that security…
Cole, G, 2006, The American Criminal Justice System, Thomason, Belmont.
Cole, G, 2007, Criminal Justice, Thomason, Belmont.
Fox, L, 2004, Enron, Hoboken, Wiley.
Kunzelman, M, 2013, BP Spill Trial, Huffington Post. Available from: [3 June 2013].
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…
The need for seasonal employees comes at harvest time every year for agricultural farming companies. In order to have enough employees to get the job done on time, often workers come across the border from Mexico. There are a number of federal laws that employers must follow including the Civil Rights Acts of 1964 and 1991, Equal Pay Act of 1963, Age Discrimination Act of 1967, Fair Labor Standards Act of 1938, the Tax Reform Acts of 1969, 1976, and 1986, Occupational Safety and Health Act of 1970, among others. Employees have the right to equal treatment at work regardless of age, gender, race, religion, national origin, disability or citizenship status (Your Employment Rights, 2010). The only requirement is a legal authorization to work in the U.S. Employers must complete and maintain a Form I-9, which lists different documents employees can use to show proof of identity and…
Employment Law Guide: Laws, Regulations, and Technical Assistance Services. (2009, Sept). Retrieved from United States Department of Labor: http://www.dol.gov/compliance/guide/index.htm
Your Employment Rights. (2010, Mar). Retrieved from texas.gov: http://www.texasbar.com/Content/NavigationMen...ation/EmploymentLaw/YourEmploymentRights.pdf
Summary of Texas Minimum Wage Act. (2011, Sept 30). Retrieved from The Texas Workforce Commission: http://www.twc.state.tx.us/ui/lablaw/tmwsum.html
Human Resource Management. (n.d.). Retrieved from eNotes: http://www.enotes.com/human-resource-management-reference/human-resource-management-176758
employment or academic resume to report, I nevertheless appreciate the opportunity to tell you more about what I hope to accomplish while at NYU Stern and how I hope to contribute to the faculty and student body. My extracurricular interests and my core curricular interests will both reflect my passion for global business and the future of information systems. I appreciate the flexibility of the Stern MBA program, especially because I am used to being self-directed and independent in my academic and personal careers. In addition to the General Management curriculum I will like to specialize in Information Systems and am also considering meeting with academic advisors while at Stern to discuss whether or not a second area of specialization in either Finance or International Finance would be appropriate. My academic objectives parallel my career and personal goals, as I hope to work as a financial analyst or consultant for…
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
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.- -- .
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The Mayer Brown Practices are: Mayer Brown LLP, a limited liability partnership established in the United States; Mayer Brown International
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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.
Human esource Management Policies of Wal-Mart
Employment Law Wal-Mart
Human esource Management Policies of Wal-Mart
Wal-Mart is a large scale multinational retailer that employs more than 2.2 million employees in 27 countries. The management of this large workforce requires it to implement effective human resource management and employment relations policies at its workplace. Wal-Mart believes in effective recruitment and selection process in order to fill the vacant job positions with the most talented and skillful employees. It uses one way and two way virtual interviewing techniques in order to minimize its heavy recruitment and administrative costs. Wal-Mart generally fills its vacant job positions from the industry through fresh graduate induction and experienced professionals. It trains them through different methods in order to make them learn the most advanced knowledge related to their job responsibilities.
The Wal-Mart workforce consists of individuals from different cultures, nationalities, and races. In order…
Bergdahl, 2010, How the HR Division at Wal-Mart drives the Company's Success through People. Available at [Accessed November 28th, 2012]
Celentino, J. 2012, Wal-Mart Doesn't Owe Pregnancy Light Duty. Available from [Accessed November 29th, 2012]
Greenwald, J. 2011, Court rules against Wal-Mart in sexual harassment, retaliation case. Available from [Accessed November 29th, 2012]
Hinshaw & Culbertson, 2012, Wal-Mart Follows Properly-Drafted Accommodation Policy, Still Ends Up Potentially Liable for Retaliation. Available from [Accessed November 29th, 2012]
new HR manager for this fictitious (private sector) company, which has hundreds of employees and is clearly obligated under Title VII and other major employment regulations. Rather than starting over from scratch with a brand new application form, many HR managers would likely take a look at the existing form first.
Using the table located at the very bottom of this document, identify the ten (10) items that are legally problematic* on this employment application form, why they are problematic, and what could possibly be in their place, if applicable. Use of the table is required.
*By problematic we are looking for possible violations of various employment regulations. Note that some may not be blatantly illegal, but, rather problematic and best to avoid as a best practice.
One final tip: Do not focus on stylist elements such as the layout of the application form or questions you do not "like."…
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
decision -- federal or state court -- where an employer was found NOT GUILTY of violating one of our chief laws (EEO, ADA, EPA, ADEA, etc. - -).
Give us the case citation, briefly summarize the case and explain why the employer was found not to have violated an employment discrimination law.
In Linda Tatom v. es-Care, Inc., No. 14-6125 (10th Cir., Jan. 24, 2015), the teacher Linda Tatom was an at-will employee of the Guthrie Job Corps Center (GJCC). After being involved in an altercation with a male trainee, she was allowed to go home for the day. Tatom refused to return to GJCC until the trainee was removed. She filled out a report but GJCC stated that her report on the incident did not indicate if the offense was a Level I or (lesser) Level II infraction and the employee was not removed (EmployerLinc, 2015).
Tatom was ultimately…
Information on minors and employment. (2015). California Department of Industrial Relations.
Retrieved from: http://www.dir.ca.gov/dlse/dlse-cl.htm