Employment Law The purpose of this paper is to analyze a specific, hypothetical employment situation encountered and to include the information regarding employment conflicts, questions, grievances, lawsuits, etc., in terms of how the situation was handled or resolved. Employment conflicts are a constant issue everyday in any organization; it is how you handle them both legally and professionally that counts. Employment Law Situation In this situation an employee, new to office politics was continuously making slanderous or racial remarks. Not that they were blatantly slanderous or racial he did them ignorantly. The employee would make remarks such as “old people should not drive. Anyone over the age of 50 should be restricted from driving. They always cut me off. Forget it if they are Asian, it doesn’t matter what their age is” or “well, all the people who live in that neighborhood are white and rich” or “only tall Mexicans hold positions of management” which were obviously against the diversity policy at the organization. On another occasion, frustrated by the lack of Starbucks Coffee houses in the area, he made a comment to another employee upon arriving at training one morning. “Don’t Asians drink coffee around here?” Several employees had made other observations in regards to comments made about African Americans and Asians; however, after this last comment, several employees brought it to the attention of the employee’s manager to address. Federal Employment Laws Primarily, the employee was in violation of federal laws, which protect employees regarding slanderous or racially remarks. According to Title VII, it is... ... middle of paper ... ...rimination-preventing-sexual.html Findlaw.com, 2008. Independent Contractors vs. Microsoft: Don't Treat Contractors Like Employees. Retrieved December 11, 2008 from: http://smallbusiness.findlaw.com/articles/3737.html Fishman, S., 2007. Pros and Cons of Freelancing, Contracting, and Consulting. Retrieved December 11, 2008 from: http://www.nolo.com/article.cfm/catId/450464AB-FA7C-4AAC-B374F1BCE305E4DB/objectId/221FE3AA-D933-4595-B0ACEAA2082BC06F/111/159/ART/ References (cont.) Mortimer, M., 2006. Employment Law and Labor Law. Employlaw.com retrieved December 11, 2008 from: http://www.employlaw.com/hoffa.htm National Labor Relations Board (NLRB), 2008. Workplace Rights. Retrieved December 11 from: http://www.nlrb.gov/workplace_rights/employees_or_employers_not_covered_by_nlra.aspx
Sloane. A. A., Witney, F. (2010). LABOR RELATIONS (13th editions). Prentice Hall. Upper Saddle River, NJ
Bennett-Alexander, Dawn D. & Hartman, Laura P. (2001). Employment Law for Business (3rd ed.). New York: McGraw-Hill Primis Custom Publishing. Downloaded February 4, 2008 from the data base of http://www.eeoc.gov
On the case of Bob Grisham, a teacher and head football coach at Lauderdale County High School in Alabama made some Anti-Gay, Racist Comments in the classroom. He also made some comments about the First lady. If we are going to be politically correct, then why is the media able to ridicule? They have pictures of the First lady behind on this site down below. The comments he made, yes were very wrong, but I do not think that anyone should be fired because of what they might say at work. It is just matter of discipline to that individual so it doesn’t happen again. They do need to keep all opi...
Secondly, Mr. Villa’s constantly comments referring to the fact that Amanda is a Jew, in my opinion, its a hostile situation, and should not be tolerated. I believe that in a work place, an employee’s wok performance can be less effective due to comments related to his/her religious beliefs. Moreover, Mr. Villa’s unnecessary comments towards Amanda, were unethical coming from a supervisor, but more importantly unlawful. As we have leaned in chapter 2, every individual is protected by Title VII of the Civil Rights Act, which prohibit discrimination and harassment in the work place environment because of the individual’s “race, color, religion, sex o national origin…”(page 54).
I hail from Ukraine, the country that is still not a member of the European Union, nevertheless is definitely a European country. Therefore, I have always been interested in the EU laws, policies, priorities, regulations and so on to contrast Ukrainian reality with that of the EU states. Now I live and study in the country I have always had an innate and subconscious love to – the USA, the country known as the country of big opportunities. As the result, I became increasingly interested in the US laws and regulations, in particular employment and labor laws. To combine these two passions I decided to prepare a paper that compares the US and EU labor and employment laws.
Getman, Jack. "BARTLEBY, LABOR AND LAW."Http://scholarship.law.upenn.edu. U. PA. JOURNAL OF BUSINESS AND EMPLOYMENT LAW, n.d. Web. 7 Apr. 2014.
In dealing with a person’s livelihood, and often, sense of self, it is of no surprise that ethical issues regarding employment practices are of great concern. The issues of employment at will and due process contracts in the workplace are among the most widely contentious in the realm of employment. Employment at will is the doctrine that employment may be ended, by either party, for good, bad or no cause at all.1 Due process, on the other hand, is the employment practice in which a person may appeal a decision as a means of receiving an explanation and the opportunity to argue against it.2 Employment at will is the standard in the majority of private corporations today and is argued for relentlessly by freedom of contract enthusiasts, however, it is becoming ever more apparent that employment at will contracts reflect the old corporate maxim where the single bottom line, profit, is accented and the well being of other stakeholders, in this case the employee, are of little or no influence. Due process should be accepted as the prevalent employment system as it shelters employees from the hostile actions of the more powerful employer, provides a stable, bilateral contract between both parties and portrays the growing ethical concerns of society.
Bennett, Alexander, Hartman (2003), Employment Law for Business, Fourth Edition I., The Regulation of the Employment Relationship, The McGraw-Hill Companies.
The Canadian employment law system consists of three regimes: common law, employment regulation, and collective bargaining agreement (CBA). From these regimes, the common law of employment is one that was created by Judges over centuries in order to regulate the employer-employee relationship. Judges, from lower level to upper level courts have used employment contracts and torts, two tools available to them under the common law system to aid in decision-making with respect to employment law cases. The decisions of which have been recorded and used as a precedent in future employment law cases of the same nature. When considering the common law of employment from the three listed regimes, I relate to speaker two while disagreeing with speaker one. Although, the common law of employment has historically excluded protections covered by the employment legislation and CBA, which has made it appear to favor the economic interests of employers more than employees, it has not completely put employees at a disadvantage because, it has protected them and their interests in other significant a...
The purpose of this research is to prove that the employment at will doctrine does not protect the employee population in the United States. The fact that if you look at the way the doctrine is written it protects the employers and firms, and this as a result creates discrimination. This in itself creates an unsafe and sometime unstable work environment because of the potential for high turnover, costly training, and low morale amongst employees. There are certain factors that must be considered within the employee at will doctrine such as union protection, the economy, contracting verses employment, discrimination and the economic stance on the United States is currently in.
Radin, T. J., & Werhane, P. H. (2003). Employment-At-Will, Employee Rights, and Future Directions for Employment. Business Ethics Quarterly, 13(2), 113-130.
As a consequence of the separate legal entity and limited liability doctrines within the UK’s unitary based system, company law had to develop responses to the ‘agency costs’ that arose. The central response is directors’ duties; these are owed by the directors to the company and operate as a counterbalance to the vast scope of powers given to the board. The benefit of the unitary board system is reflected in the efficiency gains it brings, however the disadvantage is clear, the directors may act to further their own interests to the detriment of the company. It is evident within executive remuneration that directors are placed in a stark conflict of interest position in that they may disproportionately reward themselves. The counterbalance to this concern is S175 Companies Act 2006 (CA 2006) this acts to prevent certain conflicts arising and punishes directors who find themselves in this position. Furthermore, there are specific provisions within the CA 2006 that empower third parties such as shareholders to influence directors’ remuneration.
Although there is a plethora of possible sources of conflict in any workplace, the ones in this case are rather explicit. These include personal differences, Informal deficiencies’, role incompatibility, environment stress, perceptions, and expectations. Personal differences could be related to personal values, physiognomies, family bonds or ties, and material belongings.
Holley, Jr., W., Jennings, K. & Wolters, R. (2012). The labor relations process. (10th ed.)
Employee/Employer Rights I am writing this coursework to explain the rights and responsibilities of employers and employees at Richer Sounds. I will also explain the procedures to deal with disputes and with health and safety issues that occur in Richer Sounds. First of all I will describe the main laws, which protect employees within businesses. All businesses/organisations must display details of the Health and Safety at Work Act in a prominent place. A legal requirement at work is to have a safe environment and both employees