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Employment at will and due process
Assignment 2: employment-at-will doctrine
The common-law “employment-at-will” doctrine provides that
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In this case, Tara Kind received a promotion with the company to the position of a senior vice president. That promotion was based on her educational credentials that included an MBA, but most importantly her work history at the Friendly Digits. From her performance evaluation, it shows that she is a high performer and directly increased the organization’s revenue and also positive press. However, the MBA listed in her resume is false because she did not complete her degree and ten years ago when she was hired at Friendly Digits, having an advanced degree was not a requirement for her job. It was also not a requirement for the potential employees to present the transcripts for their listed degrees.
The memo aims to provide recommendations
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on the actions that the Human Resource Department must take based on analysis of Tara King human resource record, resume, and the senior vice president position. From the case, King’s history with the organization does reveal excellent performance that played a key role in facilitating her promotion to her position, which is a position that requires an individual to have an MBA. Despite her performance, King does not have the right qualifications to qualify for the position of a Senior Vice President. As a result, King’s case may be analyzed using Badaracco’s right versus right framework. The Badaracco’s framework aims at resolving ethical dilemmas that involve conflicting but legitimate moral values (Badaracco, 1992). It is a framework that offers fundamental questions to be used in solving the dilemmas. The questions tend to examine consequences and individual directly affected by choice being made, the rights involved, personal and organizational values, and the practical and realistic point of view. There are several scenarios for this case (Badaracco, 2016). One is Friendly Digit can keep King in her current position although she does not have the right credential for the position but has proved to be more competent and excelled at her job. Second, is for Friendly Digits to fund the final twelve courses since the King has done a lot for the company. Third, is for the King to be taken down one level as an assistant vice president and in salary until she can finish her MBA course. With this action, it indicates that the organization provides a second chance, but will not stand for dishonesty and indicate that the company believes in job security for those employees who show their knowledge and excellence (Badaracco, 2016). Fourth is providing an amnesty period to King and allow her to complete her education. Firing or even stripping king’s current position due to the embellished resume would make her superiors unhappy and may have negative consequences on her family because they depend on her financially. By allowing King to continue with her current position, it is expected that the company will perform exemplary; hence, increase revenue and even continue enjoying positive press. These factors will have a positive impact on the company and also shareholders and stakeholders. On the other hand, overlooking the issue and allowing King to continue working at her current position as senior Vice president will be unethical and a violation of the employee’s rights like those of equal and fair employee treatment provided the requirement for the transcripts in any position. Since Blofeld was previously considered for the senior position and has the requirements for the position, he is at a greater advantage over King who lacks the MBA degree. Therefore, allowing King to take the job is a violation of employee’s rights and particularly in regards to Blofeld. When considering the issues in the case, the recommendation for the best ethical course of action is for the company to discharge King’s responsibility as the senior vice president and offer the job to Blofeld who is qualified. After she is discharged, King should be provided her previous position as assistant project specialists that do not need an MBA degree. King’s promotion needs to be put on hold, and the company must provide King a specified duration to complete the remaining credits for her MBA program. By acquiring her MBA degree, it will make her eligible for the senior vice president position. After she has acquired her MBA degree, she may then be considered for the next open senior vice president position since she will meet all the requirements for the job position. The company may create a favorable working schedule for King so that she can work and also attend classes and even come up with a financial plan to help pay for her studies. Such a decision is ethical since it follows the recommendation outlines by Badaracco’s right versus right through making sure that both parties benefit from the decision. In a legal perspective, embellishing a resume can be prosecuted in the court of law as criminal fraud.
Resume fraud or misinterpretation of a person’s qualification is considered as a criminal offense. Those employees who are deceptive in regards to their qualification might be considered in what is viewed as the breach of the duty of trust that is implied in all employment contracts (Winfield, 2013). The non-disclosure or false disclosure is a criminal offense that can lead to intentional fraudulent misinterpretation of a certain piece of information that is responsible for inducing the employer to hire an individual (Winfield, 2013). It is possible for King to be found guilty of fraud. Resume fraud is a certain type of fraud that may carry criminal or civil penalties or even both depending on jurisdiction. I believe that it is likely that King will be found guilty of resume fraud where she intentionally misrepresented information in her resume so that to prove she completed her MBA while in reality, she was 12 credits away from completing her degree. Because of this, the company can terminate her employment following application of the doctrine of employment at will. Some of the legal implications include destroying the reputation of the company and affecting the job performance of other employees, which in return will negatively affect company performance
levels. The employment at will is the relationship where employers do have the right of terminating employees at any time for no reason or a legitimate reason without cause or notice (Lawton & Páez 2015). At-will employees like King should know that resume fraud offers reasonable ground for termination of employment since it can undermine legitimate arguments for wrongful or unfair discharge (Lawton & Páez 2015). The company understands hardships that families can cause a burden to an employee; however, King did have ample time to understand the rules and the requirements for the position of the senior vice president. In this case, Friendly Digits has the reasonable ground for terminating King’s employment, and it will not be held accountable for wrongful discharge. The company has legal grounds for firing King or even taking any other legal actions against her because of embellishment of her resume. When considering the circumstances that led to her action, her contribution to the company’s success, and also her diverse expertise and skills that are crucial to the success of the company, Friendly Digits should make some consideration. Ethics is viewed as the principles of conduct that tend to influence how an individual behaves (Bredeson, 2012). Badaracco, an ethics professor, claims that the right vs. right dilemma is usually characterized as dirty hands problems because tough choices need to be made between the highly competing virtues like objectivity, fairness, honesty, respect, and responsibility. In solving ethical decision-making dilemma, Badaracco has a framework that may be used in assessing how right vs. right issues may be solved. When using the Badaracco right vs. right framework, it is recommended that the organization should discharge King Responsibilities as the senior vice president and consider providing the job to Blofeld who is more qualified. The company needs to fill this senior vice president with a candidate who is qualified, but not King. However, she should retain her previous job as the assistant project specialist while she is provided the opportunity of finishing her MBA degree so that to qualify for the position of a senior vice president. Providing King with this opportunity will enable her to have a certificate and even produce it for consideration of promotion.
through a public way online, which seemed very unprofessional. I think the outcome of her getting fired
Employers do have some leeway when it comes to deciding who they want to hire and/or fire; employers can rely on using a Bona fide occupational qualification to adjust their preferences. This term is defined in the textbook glossary as, “the only way that an employer can prevail in cases...
Diana Ross case, the court should rule in favor for Gail Davis. In my opinion, the letter could be interpreted as libelous. The combination of expressed dissatisfaction with Davis’ work habits, her erroneous inclusion among a group of people who had been terminated, and the recommendation to not hire her, could be viewed as defamatory. Nevertheless, the court dismissed the lower courts view, that the statements were mere opinion, rather than purported fact. Since the letter claimed to be based on facts and was distributed to others, it was not a mere personal opinion. Additionally, the case was remanded, therefore, the court did not consider the issue of qualified privilege, which is another defamation defense that is often relevant in work related defamation actions Walsh, 2013. P. 153). Presumably, the unsolicited distribution of the letter with its recommendation not to hire, could be viewed as both malice, and as an overly broad publication. The failure to verify the simple fact that Gail Davis had not been fired, could also be viewed as reckless disregard for the
Shane, S. (2002). Security clearance with faulty resume. Retrieved Oct. 03, 2005, from Archive of anthrax articles from The Baltimore Sun Web site: http://www.anthraxinvestigation.com/balt-sun.html.
In this situation Company X states that the only reason that applicant A was denied employment
On Friday, 09/23/2016, at approximately 0830 hours, I, Deputy Stacy Stark #1815 met with the reporting party, James R. Boucher (M/W, DOB: 07/25/1959) at the Jackson County Sheriff’s Office. I requested James R. Boucher to come to the Jackson County Sheriff’s Office to review the Wal-Mart video footage I collected and identify the suspect, James Roy Boucher (M/W, DOB: 03/16/1978) on the video footage.
STATEMENT 14: Human service professionals represent their qualifications to the public accurately. He falsified his qualifications therefore he could put himself and his patients in danger. He is lacking in his competence and the responsibility to his client’s. In addition to a degree on the wall he could have placed a professional disclosure statement which will list his credentials that anyone can see and make judgement as to whether they believe they are competent to work
In July 1996, Alert J.Dunlap (also known as Chainsaw Al)was hired as CEO and Chairman by Sunbeams' board of directors to help the company from a period of lagging sales and profits and make it an attractive acquisition target.
Promotion Discrimination: The Next Big Thing?" Employee Relations Law Journal 36.3 (2010): 46-53. ProQuest. Web. 29 May 2016.
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.
Elaine explained to me that she had submitted her résumé, the board reviewed her credentials, and she also had to submit three letters of recommendation and was interviewed by the school board. Elaine stated that why she did right, to be hired was “based upon past experience, and recommendations from several people within the school system and my credentials”. She believes the most important factors to becoming hired in today’s market are “credentials, education, and personality”.
There were lots of problems in our society that we absolutely have no ways to prevent. One of the most serious problems in today 's society is that there are lots of swindlers around the world. Fraud is when a person intended to deceive others to get money, as today 's techniques have gotten better and better everyday; the cheaters get the advantages of it. They use those network communication techniques to get people’s information and use those information to cheat your money. There was no age limit for the target people, whom the teenage, middle age and old people can become their targets. The cheaters will use different ways to cheat money. Mostly the cheaters will use the Internet to cheat the teenagers since all the teenagers are chatting
If you have to lie to get a promotion that you “deserve” then you don’t really deserve it. I find this to be an example of unethical lying. This is something that could overall harm someone else’s chances of success, you will end up harming someone else in the process. Someone who truly deserves the promotion could be losing their chance to another who may not be as capable. To gain a promotion you must meet certain expectations, and having to lie in order to get the promotion means that you lacked in some area. Lying in this case can just set you up for failure because you aren’t qualified enough.
It would have never came to mind that professors, coaches, and administrators would participate in keeping underprepared and unmotivated players eligible. After reading the article, “Widespread Nature of Chapel Hill’s Academic Fraud is Laid Bare,” In my opinion if you worked hard to be able to play for a college, you should work even harder to stay eligible without the help of a professor giving you a passing grade.
Some people can’t get hired because they don’t have an education and they are not qualified to do the work required. Most companies call a person’s references and if they don’t have a good work record they are not likely to get hired. Employees will always hire the most qualified person based on their resume, or brief account of one’s education and professional experience.