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Discrimination within the workplace
Due process at will employment
An essay on discrimination practices
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Employment at will is a law that is present in all fifty states in the US; although, in Montana there requires a stated cause for termination. Employment at will creates dissent among employees when they have been terminated for a cause that is thought to be unsubstantial or when no cause is given. There are pros and cons to the presumption, and employees and employers have different views. Employment at will means that the employer can terminate an employee at any time, for any cause without warning. However, even an at-will employee cannot be terminated because of discriminatory reasons. Employment at will also means that an employee can leave a job at any time without the fear of facing any legal consequences. An employer can also change the terms of employment without notice and no penalties. Throughout this paper, the two sides to employment at will will be discussed, and different examples of employment at will cases will be given. At its most basic, employment at will is not the best path because it can create feelings of violation and betrayal in the employee and can create a negative public opinion or loss of profit for the business.
In class this session, we discussed the case of a man, John Stone, fired for wearing his Packers tie at work where his boss was a fan of the rival team. In this case, Stone’s boss was a Bears’ fan, which was explicitly known at the dealership and by Stone. When Stone wore his Packer’s tie to the dealership one day, he was fired. Stone’s boss states that he repeatedly told Stone to remove the tie and that Stone did not comply. Stone retaliates by saying that he was in the middle of speaking with customers during these orders and his boss told him to continue with his job. Immediately afte...
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...ion, then it can be true cause for termination.
Works Cited
Dannin, Ellen. "Why At-Will Employment is Bad for Employers and
Just Cause is Good for Them ." Labor Law Journal . n. page. Print.
employment-bad-employers-and-just-cause-good-them>.
Farnham, Alan. "Florida Law Firm Fires Workers For Wearing Orange." ABC News 19 Mar
2012, n. pag. Print. workers-for-wearing-orange/>. Pfeiffer, Eric. "Law firm fires 14 employees for wearing orange shirts." YAHOO! News. n. page.
Web. .
"Salesman fired for wearing Packers tie." ESPN [Chicago] 26 Jan 2011, n. pag. Print.
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In Laduzinski v. Alvarez & Marsal Taxand LLC, plaintiff was looking for a job with defendant, Alvarez & Marsal Taxand LLC. Plaintiff, Laduzinski, claimed that he was lured away from his job under false pretenses since defendants hired him to get access to his contacts. Nine months later, after plaintiff had given all his contacts, the manager of the Alvarez companies fired him because there was no work for him. Laduzinski brought a claim to recover damages for fraud in the inducement. The lower court dismissed plaintiff’s claims because plaintiff was an “at will” employee. After Laduzinski appealed, the issues were whether the complaint stated a cause of action for fraudulent inducement, despite that Laduzinski was an at-will employee; and whether the alleged misrepresentations were actionable statements of present fact or non-actionable future promises.
In the case of a reasonable person test, “a reasonable person in [the employee 's] position would have felt that he was forced to quit because of intolerable and discriminatory working conditions.” The evidence was inconclusive due to Thomas’ “subjective personal discomfort, however, was most likely not the product of any action by appellees but, rather, the product of human nature.” Thomas v. Douglas
In 1980, a precedent was set in a Michigan court case involving a man named Charles Toussaint who was suing his employer, BlueCross Blue Shield, for wrongful termination based on the guidelines set in the employee manual (Alfred and Bertsche 33). The manual stated that employees would only be terminated for just cause, and the court decided that Blue Cross had violated the agreements in the employee manual (34). The court also ruled that even with Blue Cross’s efforts to provide a document that “issued non-binding guidelines” the employee manual was a contract and Toussiant was wrongfully terminated (34). After the precedent set by this case many employers and employees for that matter were reviewing their employee manuals for the type of ambiguous language that could allow them to get sued or sue. Consequently, a slew of wrongful termination lawsuits followed this one, which is why it is now important for employers to draft their manuals with experienced legal staff. Even with the best legal team and the perfect wording there is still no definite assurance that an employer will be completely protected from such lawsuits, but taking these preventive measures helps in the long run.
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
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
... crying.” The plaintiff alleges violations of his constitutional rights under 42 U.S.C. §§ 1983 and 1988 (2000) and civil rights conspiracy in violation of 42 U.S.C. §§ 1983 and 1985 (2000). The defendant moved to dismiss the complaint in its entirety on the basis of qualified immunity. The court dismissed the state law claims but found that the defendant had in fact violated the plaintiff’s constitutional rights due to the fact that “a state actor, through his agents, cannot randomly beat a student.” The defendant was also denied dismissal of the claim based on qualified immunity because a state actor cannot arbitrarily commit violence against a student. The plaintiff was able to show that Coach Edmundson’s conduct did violate his constitutional right of substantive due process to be free from the infliction of malicious corporal punishment by school official.
When does a contact sport become a crime? That is the question that every National Football League (NFL) fan has asked themselves in light of the former Saints defensive coordinator (DC) Gregg Williams’ “bounty program.” No one person has wrestled with this question more than the NFL commissioner Rodger Goodell. Goodell was faced with an ethical decision that will shape his tenure as the NFL’s commissioner; his decision will become precedence for many commissioners after him. Using the RESOLVEDD strategy of decision-making developed by Raymond Pfeiffer and Ralph Forsberg (2005), this paper will examine the scandal, scrutinize the decisions made, and determine if the NLF commissioner took the correct action for the league.
The white-collar union organizer affiliates in the case consist of: an office worker and the Office Employee International Union organizer, Nancy Rogers (Sloane & Witney, 2010). Base on Sloane & Witney (2010), “white-collar workers have long felt superior to their blue-collar-worker counterparts and tended to believe that joining a union decreases their occupational prestige” (p.13). It is synonymous to the office worker’s explanation to Rogers on the company’s culture as management’s influence toward nonunion workers to reframe from joining unions has resulted in paying them greater salaries, impose the idea of unions are only for manual workers and inappropriate for white-collar people to join (Sloane & Witney, 2010).This case provided a reference t...
Primarily, the employee was in violation of federal laws, which protect employees regarding slanderous or racially remarks. According to Title VII, it is...
During an authorized plant inspection by Ruben Warshovsky, part of the unionization campaign, the union representative would stop and address employees ¡§Hello, I am Ruben Warshovsky from the United Textiles Workers Union of America,¡¨ or some other greeting identifying himself as a union representative while traveling through the plant. Management threatened to get an injunc...
Terminating a long term employee. Long term employee's often seek legal advise when they are terminated, regardless of what the reason is or even if there is no reason. Long term employee's often feel the employer owes them for their long term commitment to the employer, and often they feel they have a right to the job. Generally there is no actionable cause of action against the employer, when the employee is terminated, but if the employer failed to comply with all rules especially rest periods, meal breaks, and over time pay, the employee would have a viable lawsuit. Terminating long term employees
United States of America. National Employment Law Project. National Employment Law Project. N.p., Jan. 2011. Web. 18 May 2014.
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)....