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...
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...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
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
Radin, T. J., & Werhane, P. H. (2003). Employment-At-Will, Employee Rights, and Future Directions for Employment. Business Ethics Quarterly, 13(2), 113-130.
...iscrimination will not occur. It is also important to post some of the Title VII laws, so that employees will understand what to do in case they feel they have been discriminated against.
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).
In the EEOC’s Charge Process, John must go to his EEOC’s representative within this company and file a complaint. This is considered the administrative process. Pertinent information must be given about the plaintiff and defendant such as name, address and phone number, the date and a brief description of the charge. Once the charge has been filed the employer is notified that charges have been filed. The charge would be thoroughly investigated. A written description and date of alleged violation is requested again; interviews with people, documents are reviewed; and sometimes the facility is visited which the alleged discrimination occurred. As an alternative the charge may be assigned to the EEOC Mediation Program instead of an investigation, which both parties must consent to. If the mediation is unsuccessful, the charge returns back to investigation. There is a possibility that the charge be dismissed. If this is the case, John will be able to file a lawsuit on his behalf within 90 days.
Sloane. A. A., Witney, F. (2010). LABOR RELATIONS (13th editions). Prentice Hall. Upper Saddle River, NJ
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.
Facts of the case: Anna’s immediate supervisor, Michael, repeatedly required that she have “closed door” meetings with him. Closed-door meetings violate company policy. Other employees were aware of these closed-door meetings and, as a result, rumors began to spread that Anna and Michael were having an office romance. In fact, in these closed-door meetings Michael tried to convince Anna to lend him money, a practice that also violates company policy. Anna repeatedly denied the request and Michael stopped asking. However, the rumors continued and affected Anna deeply. She was treated like an outcast by her co-workers. Anna asked Michael to clear up the rumors, but he found them amusing. Anna had two evaluations where she scored low points for “integrity” and “interpersonal relations” as a consequence of the rumors. She was passed over for two promotions for which she applied where her skills and experience were superior to the employees who were promoted. She filed an action against her employer on the ground that her supervisor had created a hostile work environment because he refused to stop the rumors.
United States of America. National Employment Law Project. National Employment Law Project. N.p., Jan. 2011. Web. 18 May 2014.
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...
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.
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