Employment-at-Will Doctrine
Whistleblower policy

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 employer and…...

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References

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 give a…...

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References

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…...

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References

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.

Employment Relations
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 good, 46% of the…...

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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.

Employment Laws
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 days a…...

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References

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.

mployment Discrimination
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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 create user…...

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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…...

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References

(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

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 affirmative…...

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Works Cited

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…...

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References

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 law.com/law_firm/employment-labor-answers/title-vii.htm Accessed on 12 May 2005http://www.entwistle

Employment and Labor- Issues and Answers: Other Federal Statutes" Retrieved at   Accessed on 12 May 2005http://www.entwistle-law.com/law_firm/employment-labor-answers/other-federal-statutes.htm .

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   Accessed on 12 May 2005http://www.dol.gov/elaws/esa/flsa/14c/ .

General Information on the Fair Labor Standards Act FLSA." U.S. Department of Labor. Retrieved at   Accessed on 12 May 2005http://www.dol.gov/esa/regs/compliance/whd/mwposter.htm .

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 upon…...

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 State…...

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References

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/ 

4 CACED2309A1D686984A650BF0B9E18A.pdf

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

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).
Conclusion

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 and…...

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References

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.

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).
Wage Differences

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 is high.…...

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References

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 suitability…...

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Bibliography

Doyle, A. “Exceptions to Employment at Will.” The Balance. September 13, 2017,

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

https://www.thebalance.com/exceptions-to-employment-at-will-2060484

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 the job functions…...

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Reference:

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).

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Exploring the relationship between performance management plans and terminating employees.  How can performance management help employers demonstrate that a termination was not wrongful?  How can performance management help wrongfully terminated employees demonstrate that their employment was wrongful?

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Measuring employee performance under employee management plans?  How can human resource professionals help managers develop quantifiable....

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