Journal 1 During this week, we began to discuss the first chapter of the employment law textbook. The US employment laws are a mix of federal, state, and local laws that regulates how employers can conduct business in regard to employees. One of the topics discussed was employment at will. While employment at will first appears like an employer can fire or an employee can quit at any time, employment laws cover some instance where an employer could face a lawsuit. These instances include nondiscrimination based on protected classes, freedom to collectively bargain, protection of fundamental rights, and a few other instances. This is why companies are still cautious when hiring and firing employees. They typically document issues and incidents …show more content…
I understand why both are useful but I feel like arbitration can lead to people being taken advantage of. I prefer mediation because it is a suggested resolution and not a binding agreement. If either party feels that the ruling is unfair, they can choose reject the resolution and proceed to take matters further. With arbitration, the decision is binding so once the resolution is made it is final. The only way to avoid it is to take it to court like the plaintiff did in Nino v. The Jewelry Exchange. Requiring an employee to sign an arbitration agreement makes me feel uncomfortable. I believe most employees would not have the courage of the resources to take company to court like Mr. Nino did. Although the only difference between mediation and arbitration is whether the resolution is binding, I believe employees that are being taken advantage of will most likely stay quiet. With mediation, it still appears to be fair since there is a choice involved. In this case, The Jewelry Exchange had a clear advantage over Mr. Nino. The Jewelry Exchange made the time frame to file a grievance extremely short and had more power choosing an arbitrator. One of the major problems I had was with the arbitration agreement making the plaintiff pay for the expenses needed in order to perform an arbitration. Since the employer is already requiring employees to use arbitration instead of taking them to court, I feel the employer should be responsible for the costs. The court agreed it put the employee at a greater
The United States Supreme Court, as well as federal district and state courts, defines employee rights and an employer’s liability for employment law violations. Treatment on the job, including hiring, firing, and promotions, must be based on qualifications and merit and not on race, gender, age, sexual preference or how one responds to sexual advances. Yet despite these laws and policies, many employees continue to suffer from workplace harassment and employment discrimination.
There are many employment laws out there but ill discuss about three of them and what are the consequences if the company did not comply. The employment laws I will discuss are the Title VII of the Civil Rights Act 1964, Americans with Disabilities Act 1990, and the Uniformed Services Employment and Reemployment Rights Act. My next topic would be how an organization might structure their policies, practices and culture to ensure compliance.
| |How might managers in an organization use knowledge of employment-at-will and its exceptions | | |
The ability to measure the effectiveness of a combined At-Will Employment doctrine that is accompanied by a strong employee termination policy is important. Measuring the new policies and how they reflect the impact of both federal and common law on the doctrines coverage is very noteworthy. Consequently, organizations can proficiently measure the return on their investment for the cost of adjusting their termination policies pretty easily. When companies minimize turnover by reducing terminations, and in particular decreasing wrongful terminations they are ahead of the game.
Facts of the case: Imagine you are an HR manager and your boss and owner of the company, Bill, comes to you suspecting his assistant, Paige, is stealing money from the company. Bill would like a polygraph test conducted to see if Paige is stealing from the company. He would also like you to conduct electronic surveillance on Paige’s work e-mail for anything suspicious.
When we are dealing with the employment relationship between employers and employees, ethical issues are most likely to emerge. Especially, if a manager fires a worker without a proper reason, critics will follow this employer’s behavior. In Patricia Werhane’s paper, “Employment at Will and Due Process”, discusses two doctrines which are Employment at Will (EAW) and Due Process. It also addresses some justifications and objections for EAW, and shows Werhane’s supportive view to Due Process. In contrast, EAW is defended by Richard Epstein in his article “In Defense of the Contract at Will”. In my paper, I will attempt to develop my argument in favor of Employment at Will that could improve flexibility and efficiency of
According to the text the employment-at-will doctrine is a legal rule that developed in the nineteenth century, giving employers unfettered power to “dismiss their employees at will for good cause, for no cause, or even for cause morally wrong, without being thereby guilty of a legal wrong.
Techtron Corporation is a developer and manufacturer of chemical substance converter systems for small and medium-size automobiles. Techtron has several international accounts including Kia Motors and the Hyundai Mobis network. Techtron has recently landed a contract to produce catalytic converter systems for the second generation Kia Sorrento, manufactured in West Point, Georgia, and are bidding on being the main supplier for the new Kia final assembly plant located in Nuevo Leon, Mexico. In addition, Techtron is in the final stages of completing their new manufacturing facility located in Lansing, Michigan near two major interstates, the senior leadership and support staff is in place however, the company is now ready to begin
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
The legal issues in the case of Elaine X v. Jerry Employer involve exceptions to the “At Will Employer” doctrine and various types of discrimination and their role in the termination of the plaintiff. There are several questions that
On April 7th of this year, the U.S. Citizenship & Immigration Services announced that the statutory cap on H-1B visa submissions has been reached. This program, which allows U.S. companies to hire foreign workers who possess specialized skills in mathematical, scientific, or engineering disciplines, is limited to 65,000 petitions, in addition to 20,000 which are filed under an advanced degree exemption. As Berd & Klauss, PLLC, a New York City-based immigration law firm, explains, the USCIS will now reject and return all of the petitions that were not selected, along with any filing fees that were paid.
Warhane and Radin, in their article “Employment at Will and Due Process”, suggest that one of the major reasons employment at will is acceptable is that it protects the proprietary rights of employers. In particular “the proprietary rights of employers guarantee that they may employ or dismiss
The union should be victorious in this case. The union had negotiated to have this bulletin board put up at the company. There was no negotiating on what could or could not be posted on the board. By removing the two memoranda, the company violated section 7 and 8(a)(1). The company took away the unions rights by attempting to coerce, restrain and interfere with the union. The company also prohibited the employees from reposting the memorandum and if they did they would be subject to discipline, which is also a violation of section 8(a)(1). The company should have asked to negotiate with the union in more detail of what could be posted on the board. Instead they made a decision to remove the memorandum and so the unfair labor practice
Citizens Information Services Employment Right Section has been authorized by your former employee Ms. Penny Lane to contact your Goodself in relation to termination of her employment.
Employment-at-will is a law that stipulate that as long as a employee is not been discriminated he or she can loose their job and any given time. This paper aims to analyze 8 different scenarios and determine whatever or not an employ can lose his or her job based in some behaviors, actions, or inactions that had lead to a somewhat hostile, aggressive, and even disrespectful work environment. At the same time the paper will address the importance of whistleblower police for any organization. While the employment-at-will allows employers to terminate their staff at any moment, at the same time it protect the staff from any type of discrimination.