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At will employement and due process
What are the pros and cons of employment-at-will doctrine
Assignment 2: Employment-At-Will Doctrine
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Introduction In this paper, I will cover the employment-at-will doctrine, cover three scenarios with actions that the Chief Operating Officer (COO) can take to resolve the problems in the scenarios. Also, cover my state’s employment -at-will doctrine and provide an example of a recent situation that has happened in the last five years.
Employment-At-Will Doctrine 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,
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Which allows employees that have observed any illegal acts or acts that raise concern to be able to report to a company hotline that allows that individual to report with the secrecy of the act without fear of retaliation from the company. Generally, whistleblowers are employees that are dedicated to the company and is a model employee. They do not have any intentions of hurting the company, but rather to improve the company. By having an anonymous reporting method of any situations allows employees to feel that the company values their opinions and actually care what is happening within the company. Another reason that this is a plus is because this keeps everybody honest, since there is an open door policy of reporting any illegal acts. The best way to implement this protocol is to educate employees on what the purpose of the program is. Then train the employees on the simple reporting procedures and certify that everything is clearly written and efficiently understood. When the complaint has reported an Ombudsperson or manager will report the matter to upper management to conduct an internal investigation. When all is done and the complaint is true, then actions will be done to correct the problems. In this case of the secretary being fired for refusal to prepare false expense reports for her boss, there is no need for her to be terminated instead this allows the creation of the whistle-blowing hotline for the company to investigate any illegal acts within the
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
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?
Title VII of the Civil Rights Act of 1964 prohibits most of the discrimination and harassment in the workplaces. The provision of the Title VII covers all the state, local government, private employees as well as educational institutions that have at least 15 employees or more. The Act prohibits any discrimination that may be meted against the individuals on the basis of the origin, religion, sex, color, race, and national origin (http://topics.hrhero.com/title-vii-of-the-civil-rights-act-of-1964/).
The Sarbanes-Oxley Act was drafted to encourage and protect whistleblowers from retaliation after the fraud scandal that cause the collapse of Enron in 2001. In a 2010 Senate Report found that “external auditors detected only 4.1 percent of uncovered fraud schemes, “whistleblower tips detected 54.1% of uncovered fraud schemes in public companies” and were thirteen times more effective than external audits” (Turpan, 2016). Whistleblowers serve an important service to the public and are more effective than external audits. The CFAA has been used to by employers to retaliate against employees who act as informants for agencies like Internal Revenue Service or Security Exchange Commission to expose fraud. There employees, not to their financial gain, gather information as evidence of fraud by the company. With a broad interpretation of CFAA, the employee would "exceed their authority" and was "unauthorized" to access the information, therefore allowing the company to hide their illegal
Title VII of the Civil Rights Act of 1964 forbids workplace discrimination based on religion, national origin, race, color, or sex. Companies and unions should be mainly thoughtful to possible harassment or discrimination against Muslim, Arab, Afghani, Middle Eastern or South Asian people.
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
Title VII of the Civil Rights Act of 1964 protects against employment discrimination based on “race, color, religion, sex, or national origin” (Moran, 2014, p. 164). This helps ensure fair treatment to all workers. To ensure the safety of all workers, Title VII also protects against harassment, which includes quid pro quo harassment, hostile environment harassment, religious harassment, and racial harassment.
Although Hollate introduced a compliance program and code of conduct when it went public, the programs were put on “the back burner”. This outcome is not surprised for that the company does not pay attention to the programs. It is, therefore, important to “reinforce the values” and “employee a boundary system when actions are inconsistent with the code of conduct” for the purpose of early detection. Tyco provides a good example after its scandal, by initiating “mandatory annual compliance training for all its employees worldwide” and creating the Tyco Guide to Ethical Conduct to familiarize employees with company expectations and help them make ethical decisions. As tips is the most useful method for internal and external sources to detect frauds, the whistleblower hotline should be well communicated with encouragement on reporting any suspicious activity. In addition, to improve the effectiveness of the compliance program and code of conducts, Hollate should implement management monitoring and evaluation on a regular
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.
The Civil Rights Act of 1964 was the catalyst in abolishing the separate but equal policies that had been a mainstay in our society. Though racial discrimination was the initial focal point, its enactment affected every race. The Civil Rights Act of 1964 prohibits discrimination in housing, education, employment, public accommodations and the receipt of federal funds based on certain discrimination factors such as race, color, national origin, sex, disability, age or religion. Title VII is the employment segment of the Civil Rights Act and is considered one of the most important aspects of legislation that has helped define the employment law practices in this country. Prior to Title VII, an employer could hire and fire an employee for any given reason. Title VII prohibits discrimination in hiring, firing, training, promotion, discipline or other workplace decisions. (Bennett-Alexander-Hartman, Fourth Edition, pp 85) Though it applies to everyone, its enactment was especially significant to women and minorities, who until its passage had limited recourse in harassment based discriminations in the workplace.
Employment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. A growing body of law also seeks to prevent employment discrimination based on sexual orientation. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment. The main body of employment discrimination laws consists of federal and state statutes. The United States Constitution and some state constitutions provide additional protection when the employer is a governmental body or the government has taken significant steps to foster the discriminatory practice of the employer.
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)....
Whistle blowing is an attempt of an employee or former employee of a company to reveal what he or she believes to be a wrongdoing in or by a company or organization. Whistle blowing tries to make others aware of practices that are considered illegal or immoral. If the wrongdoing is reported to someone in the company it is said to be internal. Internal whistle blowing tends to do less damage to the company. There is also external whistle blowing. This is where the wrongdoing is reported to the media and brought to the attention of the public. This type of whistle blowing tends to affect the company in a negative way because of bad publicity. It is said that whistle blowing is personal if the wrongdoing affects the whistle blower alone (like sexual harassment), and said to be impersonal if the wrongdoing affects other people. Many people whistle blow for two main reasons: morality and revenge.