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Rights of employees and employers
Rights of employees and employers
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Learning journal unit 6
1. The law provides several rights and freedoms, but there are also limits to the rights provided to employees according to the law. Employee rights are limited to performance in the sense that, they should work to meet the employers targets irrespective of the rights granted to them by the law (John, 2015). Secondly, employee’s rights are limited to discipline. Hence, they should be always committed towards following work place rules and procedures including time adherence, respect of organizations property, and dressing properly at the place of work.
2. The law specifies the facts that can prompt employers to terminate employees from work, hence they are not allowed to terminate them at will (Fisher & Putman, 2016).
Armanino LLP is the largest independent accounting and business consulting firm based in California with revenues of $155 million in 2015. They offer their services to profit and non-profit organizations. Armanino was founded in 1953, and it has nearly 600 employees. The company extended its global services to more than 100 countries through its membership in Moore Stephens International Limited - one of the world’s major accounting and consulting membership organizations. Armanino’s goal is to provide assistance in audit tax, consulting, and technology solutions to companies worldwide. The firm has won awards such as “Best of the Best” in 2015 from Inside Public Accounting,
During recent years, the principle and practice of employment at will has been under attack. Employment-at-will has been a fixture in the United States employment law since the Industrial Revolution in the late 1800’s. In the simplest and earlier state, employment at will meant that an employee who worked for an indefinite period of time worked at the will of the employer. Absent a contractual provision to the contrary, either party could terminate the employment for any reason. At least 55% of all employees and managers in the private sector of the workforce in the United States today are “at-will” employees (Radin & Werhane, 2003). On the surface, employment at will appeared to be a neutral doctrine fiving both the employer and the employee a way out of an undesirable employment relationship. However, the doctrine in practice worked to the benefit of...
punishable by removal, or, if the agency refuses to remove the employee, by forfeiture by the affected state or locality of
Which means that employees have the right to quit a job at any time for any reason and the employer can also do the same by the employee. Generally, these types of situations are for employees that do not have contracts, are hourly wage employees and minimum wage. Title VII of the Civil Rights Act of 1964 prevents any employer from firing any employee based off their race,
First things first, termination of employment and employment contracts. There are a lot of significant differences in this domain between the US and EU, but foremost is that in the United States there is no legal requirement for an explicit labor contract. Most employment is on an at-will basis, which means that either the employer or employee can terminate the employment without any prior notice at any given point of time if the reasons for this are lawful. Notably, American federal laws and the US Fair Labor Standards Act do not mandate that employers should notify their employees before termination. An employer can fire an employee for any reason other than discrimination, retaliation, defamation, breach of explicit contract or fraud. On the contrary, in...
On March 31, 2017, approximately 0800hrs I was taking the last examination test for the Master Leader Course (MLC), when MSG Dotson approached me and asked me how many pages I had so far, I pointed to him the last topic that I had typed. Then MSG Dotson informed me that I had approximately 700 words already typed on the word document, I told him that it is impossible and I showed him again the last topic that I had typed. On April 01, 2017, I received a DA Form 4856 about a possible ethic violation. I wrote my statement on the DA form 4856 explaining what had happened with the test. I click the clipboard by mistake not knowing that I had pasted a lot of information. I would have known about the mistake I would have corrected it right away.
The two other main reason given by Epstein in his paper supporting employment at will contracts is morally impermissible. He argues that the administrative costs of employment at will are cheap. In other words, being able to fire anyone at anytime without the political process behind it is simply cheaper than treating employees with respect and dignity. In saying that administration costs for due process are too big of a burden shows simply that employment at will contracts treat employees as property to add and remove as the employer pleases. This idea can be dismissed based on ethical grounds alone and in todays business environment is not conducive to the cohesive units that many employers hope to become.
While implementing solutions to the high turnover rate, companies must know and understand the law. The law is created and enforced by the government to prevent any discrimination or biases between the company and employees. It also prevents the strong, corporations, from taking advantage of the weak, employees.
Imagine you work for an employer, you are not in a union, your job is not protected by tenure and you didn’t sign any kind of binding contract for employment. Your manager can let you go at anytime if they want to. Now some people say this is not fair. There is this term called employment –at-will. According to the supervision text employment-at –will is a “legal concept that employers can dismiss employees at anytime and for any reasons, except unlawful discrimination and contractual or other restrictions (Leonard 193).” This was first set forth in Payne v. Western & Atlantic R.R. Co. it was stated “… to discharge or retain employees at will for good cause or for no cause, or even for bad cause without thereby being guilty of an unlawful act per se…a right which an employee can exercise in the same way… (Twomey 584).” Meaning, an employee is under no obligation to continue employment with an employer if they don’t want to; they are free to terminate their employment at any time as well. More than eighty percent of the nation’s workforce is employed at will and they don’t have the backing of a union, the government or individual negotiators to intervene in “no cause” termination. “The National Conference of Commissioners on Uniform State Laws adopted the Model Employment Termination Act, which individual states may enact to protect the millions of at-will workers employed in the United States from being discharged without “good cause (Twomey 585).” This paper will discuss the exceptions used to determine if there was a wrongful discharge, look at cases for examples and the states positions on recognizing exceptions. It does seem unfair for an employer to terminate an employee without cause. But our federal and state governments h...
In collective bargaining, employers too are stakeholders and ensuring that their interests are not compromised is important. Particularly, this is the case when the employees’ interests are conflicting with those of the employers. For example, a demand for shorter working hours by the workers would compromise the interests of the employer to enhancing productivity, which is part of their management mandate. In the collective bargaining agreement, some of the employers’ interests covered include managerial responsibility, safety standards, and disciplinary responsibility (Budd 11). The issue of employers’ rights is crucial to collective bargaining agreements because of the nature of the employer-employee relationship. Notably, collective bargaining is primarily based on strengthening or managing this relationship to the satisfaction of all parties. Therefore, without ensuring that the rights and responsibilities of each party are clearly stipulated in the collective bargaining agreement, the risk of one party’s interests being met at the expense of the other is real. A good example of how the issue of employer rights is featured in collective bargaining agreement occurred at one of the General Motors plants in Tonawanda where the management and workers agreed to work as partners rather than as antagonists (Pritchard Para
All the employees of an organization have the right to work in an environment that is inclusive, free from discrimination, and respectful (Zhu, Yin, Liu, & Lai, 2014). It is the responsibility of an employee to carry out the duties of his or her position, to treat workers and customers with respect, not to participate in any discriminatory behavior, to inform the manager of any discriminatory behavior, and to comply with the laws/rules/policies/regulations of the workplace. In terms of due process, the employees have the responsibility of giving notices and the right of receiving notices. An employee can be complained against and can complain as well. An employee can be appealed against if not satisfied and has the right to appeal if not satisfied.
Part 2 of Employer Duties and Rights- management rights, subcontracting, just-cause discipline and discharge, and safety standards.
The doctrine of employment at-will provides that employers may hire, transfer, promote, or terminate employees at any time for any cause, and employees have the right to resign at any time with or without notice (Reed & Bogardus, 2012)....
Employee rights are very important in the workplace (Rakoczy, C. n.d.). There are some laws to protect employee rights such as safe working environment, discrimination and overtime pay rate to ensure every employee treated fairly. All employees have the right to work in a safe and healthy workplace. In some industries, they use the high-voltage of electricity, extreme temperature, the high-speed and noisy machine in their workplace which can potentially threat to employee health and safety. A safety and healthy workplace must provide reasonable daily and weekly job schedule to the employees. Therefore, when the employee follows the job schedule, they can prevent to work overload because of a systematic system applied by the company.
But, these laws always changing, depending on the work setting or policies set by any specific organizations. Because there are so many different work environments, each claim of privacy has to be evaluated based on the actual conditions of the workplace (Smith & Burg, 2015). This is why policies must be set according to the CEO needs. If the organization does not allow the use of the internet for any personal use, than the employee must follow such guidelines. This eliminates employee privacy right violations, because the policy will informs them of the monitoring during the hiring