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Ethical issues in the workplace
Employment at will and due process
Ethical issues in the workplace
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Employment-At Will Doctrine
In the state of Georgia, most workers are usually regarded as employees working "at will." This means that employees are working at the will of their employer and the employer can subsequently fire them at any time, for any reason, and without any legitimate notice (At Will Employment in Georgia – FindLaw, 2011). Essentially, a worker can be terminated for pretty much any reason at all, regardless if it is good or valid (At Will Employment in Georgia – FindLaw, 2011). Most workers however are protected under federal laws and employees also can 't be fired because they opposed unlawful employment practices (At Will Employment in Georgia – FindLaw, 2011).
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It is in my opinion that employees should have the
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The act states that employees are able to freely talk about work-related topics such as wages and poor working conditions. Ellen does not have the right to talk badly or in a negative manner about her boss. She does not have the right to blatantly disrespect her bosses by calling them things such as “know-nothings and ‘’out of-touch”. In instances such as these you see employers taking action against disrespectful employees because that kind of behaviors cannot be tolerated. Employers need to make sure that other employees understand that they will not condone that sort of behavior. Despite the fact that employees have free speech in the workplace, they still are held to a standard where they have to conduct themselves in a professional manner and respect their leaders even if they do not always agree with the choices that the leader makes. Long-term affects will be that, managers will ultimately lose trust and respect of subordinates, which will reduce production as well as profit. In this scenario Ellen could be fired for bad mouthing her bosses, but she could not be fired for protesting that she hasn’t received a raise in …show more content…
In Home Health LLC is a recent case that deals with the employment At-Will Doctrine. In 2013 the Georgia Court of Appeals upheld Georgia’s employment at-will doctrine, despite the fact that the sympathies were with the employee in the situation (Root, 2013). In 2009, a hospice, which is the employer in this scenario offered to hire a young lady for full time employment for a specific location (Root, 2013). Despite having offered her a full time position, the hospice had already decided to close that specific location. This information about the hospice location being closed was unknown to the plaintiff. The employer sent a letter confirming her acceptance for the position to the employee, telling her she would start her position on August 6, 2009 (Root, 2013). Because of this news of the job confirmation the plaintiff quit her job on July 24, 2009 that she’d had for the last 30 years. However, before she got the opportunity to start her new job, the hospice company informed her that they were closing and that they were rescinding her promise for a job. After hearing this news the young lady decided to sue and try to get around the employment at-will doctrine. The plaintiff argued that the trial court should not have dismissed her fraud claim without considering whether she had an equitable claim for relief as an exception to the employment at-will doctrine (Root, 2013). Despite her argument, the court dismissed her claim. The reasoning behind the dismissal of her
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. The contract between the Alvarez Companies and Laduzinski carried the certain elements of a basic contract since there was an offer, an acceptance, and a consideration. Perez offered plaintiff a position with the Alvarez companies, adding that the company was interested in obtaining plaintiff's contacts to have Before Laduzinski accepted the offer, asked for a two-year contract; However, Perez told plaintiff that his position would be focused on managing the Alvarez companies' workload, since the Alvarez companies has "a lot of clients and were busy. " Laduzinski accepted defendants' offer of at-will employment and quit his job at J.P. Morgan.
For example one of the rules states ““strive for excellence” but the employees at Walmart act the opposite. That is not what it takes to be a Walmart Employee. There was a video shown at the orientation of an employee caught on tape stealing from the cash register. When Walmart was having the presentation with the pre employees they were in a windowless room filled with no distractions because they wanted them to only be focused on that specific thing the “orientation”. While Ehrenreich was working for Walmart she saw a lot of hostile behaviors she did not like that environment but she had no choice because of the few jobs available in the town she didn't have a alternative. I felt the same way if there were more jobs in my neighborhood I would definitely would have stopped working for
It seems that the major issue here is whether or not one can use age as a factor in terms of discrimination when the discrimination was not intentional. If for example it turns out that the people who are laid off are over the age of 40, even though no malicious intent is discovered, it still may be construed as age discrimination. This issue has been somewhat controversial for some time, as most litigants in age discrimination lawsuits realize that they ...
From the UAW website, being in a union allows for all disciplinary infractions are subject to grievance procedures and arbitration, depending on the contract (United Auto Workers, 2015). GMFC should create a discipline and termination policy where if employees feel the anything is unjust they can voice their concerns and go through a process where both sides are heard and considered (Colvin, 2013). If times do become tough and there needs to be an employment reduction, GMFC needs to have a policy in place to try and redistribute employees to other facilities or cross train employees so that they can share jobs and split
The Tenth Amendment was ratified along with the rest of the Bill of Rights on December 17th, 1791, as well, unlike most other amendments, it gave rights not only to the people, but also to the state governments. The Tenth Amendment was passed in order to delegate powers to the state governments and the people that the national government does not have, this amendment states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”
The Fourth, Fifth, Sixth, and Eighth Amendments are part of the Bill of Rights which includes the first ten Amendments to the Constitution of the United States. These rights apply to the citizens of our great country. The Fourth Amendment covers search laws and has a significant impact on law enforcement procedures. If these procedural rights are not followed, there can be devastating consequences to the outcome of a case.
A rehabilitation clinic dismissed two drug rehabilitation counselors for using peyote in a religious ceremony. The two counselors, including Smith, sought unemployment benefits. Possessing peyote is a criminal offense in the State of Oregon. The rehabilitation clinic denied the counselors unemployment on grounds of misconduct. Smith filed suit again the clinic. The Oregon Supreme Court overruled the rehabilitation clinic’s verdict. The court stated that Smith’s religious use of peyote was protected under the First Amendment's freedom of religion. The Employment Division, Department of Resources appealed the case to the United States Supreme Court on the grounds that possession and use of peyote is a crime. The Supreme Court returned the case back to Oregon State Courts to determine if Oregon law prohibits the use and possession of peyote for religious purposes. Oregon State court ruled that consumption of illegal drugs for religious purposes was still considered illegal; however, they were also aware that this ruling also violated the First Amendment. The main issue is whether the government can prevent the religious use of peyote under the Free Exercise Clause of the First Amendment, even if a law prohibits it for everyone else. In addition, can the state deny unemployment benefits to someone who has been fired for using peyote for religious purposes?
Discrimination in the workplace continues to be topics and issues of discussion, despite efforts to minimize or eliminate its ugly head. Discrimination is defined as the unfair or prejudicial treatment of people based on race, gender, disability or age (Fieser, 2015). Furthermore, some companies has used other forms in conjunction with discrimination like sexual harassment to mask unjust treatment in the workplace. Lilly Ledbetter was an employee at Goodyear Tire & Rubber Company, Inc. for over 19 years. During this period, she consistently received low rankings in her annual performance-and-salary reviews. As a result, Lilly received significantly lower raises than her male counterparts, which led to her filing a civil lawsuit
The law prohibits discrimination when it comes to any phase of employing someone, including hiring, firing, getting a raise, getting a promotion and other related stuff.
In order to have an amendment ratified, you must have a total of 38 states. The ratification process can be very long, each amendment is given seven years to try and get all 38 states to ratify it. If ratification does not happen during this time, then the amendment will die. The child labor amendment only had 28 states ratify it. While the Equal Rights Amendment had 35 states ratify it. The ERA was actually extended to ten years but still did not make the cut. It was ratified by 30 states, just in one year. It slowed down very quickly. People were afraid of the things that could happen. Some women even thought that they were suppose to work at home, so why try to be like men? These things caused the ERA not to get passed.
Imagine having to clock out mid-shift to prevent getting paid overtime, but not leaving for another hour or two. Having to punch out for break but work through it, or having a paid vacation taken away as if it never existed? Situations relative to these are reality and are classified as wage theft, defined by the wage theft website as “a variety of infractions that occur when workers do not receive their legally or contractually promised wages” (Wage Theft). The public is generally uneducated of the concept of wage theft and the effects it has on our society, let alone what can be done about it. The Wage Theft Prevention Act, an act established in 2011 by the state of New York, provides laws protecting working citizens, and is an act that should be effective nationwide. As a country, we support the terms “freedom”, “equality”, and “rights”; however, we need to focus on the working citizens of the United States and ensure equal rights for everyone.
The Constitutional Convention in Philadelphia met between May and September of 1787 to address the problems of the weak central government that existed under the Articles of Confederation. The Antifederalists were extremely concerned that the national government would trample their rights. Rhode Island and North Carolina refused to ratify until the framers added the Bill of Rights. These first ten amendments outlined things that the government could not do to its people. They are as such:
The employer and the employee will have to come to a firm understanding as to what are all the discrimination laws that are applicable to them. Employers often believe that compliance with a certain set of anti-discriminatory laws at the central level are sufficient. But in most of the cases that is not the case. The employers will have to be compliant with all the state and local laws of where their organization is being located. And those laws might differ from place to place and might offer greater protection to the employees in the organization. For example, some of the state will have state anti-discrimination laws, which prohibit employers from discriminating against the sexual orientation of its employees. If the employer terminates the employee based on his sexual orientation, which is well within the central law, but in some of the state level laws, the employer will be violating such laws to terminate an employee based on the sexual
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.
The 21st Century has witnessed Asia’s rapid ascent to economic prosperity. As economic gravity shifts from the Western world to the Asian region, the “tyranny of distance [between states, will be] … replaced by the prospects of proximity” in transnational economic, scientific, political, technological, and social develop relationships (Australian Government, 1). Japan and China are the region’s key business exchange partners. Therefore these countries are under obligation to steer the region through the Asian Century by committing to these relationships and as a result create business networks, boost economic performance, and consequently necessitate the adjustment of business processes and resources in order to accommodate each country’s employment relations model (Wiley, Wilkinson, & Young, 2005). Cognizant of the fact that neither Japan nor China has given up on its external (protectionism or parity) adjustment tools, it is posited that they can nonetheless coexist since both “produce different things and in different ways” and as such avoid the cited perilous US and Mexico competition; but due to globalization, the operating environment portends a convergence or divergence of Industrial Relation (ER) strategies between China and Japan (Lipietz, 1997; Zhu & Warner, 2004).