...Paper ------------------------------------------------- Zero Tolerance Harassment Policy This Pomodoro, Inc. white paper describes the U.S. Federal Laws and key topics of importance for compilation of a Zero-Tolerance Harassment policy. Introduction To prevent and eliminate misconduct, it is good business practice for Pomodoro, Inc. to implementing a zero-tolerance policy for harassment of any sort. Background U.S. Law requires employers to maintain a work environment that is free from harassment. According to the U.S. Equal Employment Opportunity Commission (EEOC) (2013), “Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where (1) enduring the offensive conduct becomes a condition of continued employment, or (2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.” It is important that our employees have the right to work in a professional and safe...
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...At-Will Employment Law | Exceptions, Risks, and Direction | Ehren Stellrecht, Sadie Nelson, Jesse McNaught BUS 305-01 | Introduction Employers today take many risks in running their businesses. Whether they are large or small employers, hiring and firing personnel is a fact of business. Termination (and therefore hiring) is increasingly viewed with caution, in part, because of the uncertainty regarding the law surrounding termination of employment. We will examine the law pertaining to employment relationships by exploring the employment-at-will doctrine. We will show how the at-will doctrine has evolved since its inception; then we will discuss whether the United States is generally moving toward just-cause employment. History and Explanation of the At-will Employment Doctrine Horace Wood is attributed with the creation of the at-will doctrine in 1877 in a legal treatise called Master and Servant where he described at-will employment. Some scholars say the United States had no such doctrine in the common law before this time and the use of Wood’s treatise in case law allowed a large step to be taken away from the English idea of employment rights. One oft quoted, early decision describing and favoring the at-will doctrine is in a Tennessee case, Payne v. Western & Atlantic Railroad Co. in which the judge declares “All may dismiss their employees at will, be they many or few, for good cause, for no cause[,] or even...
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...Assignment 4: Employment Law Case Brief To purchase this visit here: http://mindsblow.us/question_des/Week10Assignment4EmploymentLawCaseBrief/2782 Contact us at: help@mindblows.us HRM 510 Week 10 Assignment 4: Employment Law Case Brief Due Week 10 and worth 200 points Using the Internet, select and research an employment law case no greater than five (5) years old. Write a three to four (3-4) page brief in which you: 1.Summarize the issue of the case, and then explain the employment law that was violated.. 2.Evaluate the type of impact the violation had on the organization then determine two (2) ways the organization could mitigate the issue. Justify your response.. 3.Based on your research, determine if a policy was or was not in place during the violation. Then, recommend a communication for all employees to enhance the knowledge of the policy. Support your response.. 4.As a HR Manager, explore an organization you worked for or familiar with, then suggest three (3) ways you could make the organization violation free from employment law issues. Justify your response.. 5.Use at least three (3) quality academic resources in this assignment. Note: Wikipedia and other Websites do not qualify as academic resources.. Week 10 Assignment 4: Employment Law Case Brief To purchase this visit here: http://mindsblow.us/question_des/Week10Assignment4EmploymentLawCaseBrief/2782 Contact us at: help@mindblows.us HRM 510 Week 10 Assignment 4: Employment Law Case Brief ...
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...Employee-At-Will-Doctrine Jennifer Carter Professor Wendy White LEG500 – Law, Ethics, and Corporate Governance October 28, 2012 Abstract This paper will discuss issues relating to the Employment-At-Will Doctrine and the employer’s liability based on actions and responses to the employee’s behavior and actions. It will discuss the steps that are needed to be taken if the skills, competence and abilities of an employee to be productive and efficient in completing the required task of employment are not met. In the absence of contracts or agreements that indicate otherwise, either employees or employers may terminate employment without advanced notice or cause under the Employment At Will Doctrine. In terminating employment, employees and employers aren't allowed to breach employment contracts or agreements, or violate laws, regulations, constitutional provisions or public policy. To avoid legal liability, an employer should know and consider the exceptions of the Employment-At-Will Doctrine before terminating an employment. Employment-At-Will-Doctrine Describe steps that you would take that address the following scenario involving skills, competence, and abilities. Scenario: Jennifer seems to be unable to learn the computer applications that are basic to her job responsibilities, but, consistently tells her boss that she is a good worker and a genius. She also tells her boss that she is not appreciated. However, after a few months of training and support...
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...Employees are protected by many federal and state laws that regulate what an employer cannot and can do. Therefore, figuring out which employment laws apply to the workforce can present a challenge because they can come from federal and state sources. The laws that are applicable to each workforce sector for employee protections depends on many factors; the number of employees, the type of business it conducts, and if it crosses state boundaries. The purpose of this paper is to examine how federal and state governments differ in their application of employments laws and will discuss an employment protection provided exclusively by a state government. State vs. Federal Wage, hour and employment laws governing employers and employees are set at the state level and the federal level. Often measurable differences between federal laws and state laws exist depending on the state the company is operating in. When this occurs, companies are supposed to comply and govern their policies to follow the laws that offer the best protection to the employee. On the federal level the agency over employment law is The US Department of Labor (DOL) this agency administers federal employment laws. In most states employment laws are administered by the states labor division. With many agencies under the DOL it has countless laws and it would be time consuming to summarize the differences in federal and state laws for each topic, but a few employment laws will be discussed in more detail to show how...
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...Employment at Will 1. What is the employment at will? According to Ford, the employment-at-will doctrine is a legal rule that was established in the nineteenth century, giving employer's unrestricted power to "terminate their employees at will for a good cause, for no cause, or even for cause morally wrong, without being thereby guilty of a legal wrong”. Once the employee agrees to the term of the Employment at Will contracts, the employee can leave the company whenever they want, and the doctrine gives the employer the ability to fire the employee without providing any reason or notice. This legal intent of employment at will is to ensure that all parties have a degree of protection and freedom in the employment relationship. Very often the court will deny any claim seeking benefits for loss due to a termination. This type of employment agreement involves a lot of flexibility for the employee and employer. Most of American working population falls under the category of the employment at will. However, the doctrine is not so "black and white". Employers need to understand that there are some limitations in the employment-at-will definition. Without the knowledge of other laws that protect the employee, the employer could break the law by terminating the employee. The employee is protected under the statutory rights provided by federal and state law. Both, the Federal and State governments hold jurisdiction over the at-will-employment to protect the employee from wrongful...
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...Employment at Will Athena Locklear Professor Ellen Kapalko Legal 500: Law and Ethics in the Business Environment July 22, 2012 Employment at Will Doctrine At will employment is a doctrine of American law that defines an employment relationship in which either party can break the relationship with no liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargaining group (i.e., has not recognized a union). Under this legal doctrine, any hiring is presumed to be “at will”; that is the employer is free to discharge individuals for good cause or bad cause or no cause at all. The employee is also equally free to quit, strike or otherwise cease work. “The right of an employee to quit the services of the employer, for whatever reason, is the same right of the employer, for whatever reason, to dispense with the services of such employee” (Halbert/Ingulli, 2012). Since 1959, several common law and statutory exceptions to at-will employment have been created. Common law protects an employee from retaliation if the employee disobeys an employer on the grounds that the employer ordered him or her to do something illegal or immoral. However, in the majority of cases, the burden of proof remains upon the discharged employee. “The earliest adjustments to the doctrine of employment at will were made as workers fought for the right...
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...the At-Will Law? Law545x Fall 2015 Sullivan University Charles Wayne Wood Abstract Introduction In exploring the history of the At-Will law I hope avoid first person to review the positive and negative effects on the At-Will law dealing with employee and employers, does it help both new sentence?? I will explore contracts between employees and employers, how can they be terminated, and if so does the employee get paid till the end of the contract. I will discuss the possibilities of just causes on the employee or employer can they be used to terminate the contract. awkward Do the different states have laws that help the employees or the employer? At the end of this research I hope to show trends in the law as it has changed in the past 10 to 15 years. The History of the Law The At-Will law was first created? by Horace Wood (1877). As my research has let me to believe Mr. Wood only created the concept of At-Will employment, he stated that the courts have already accepted it as the doctrine of the time. Mr. Wood’s statements were the catalyst of what’s the beginning of a number of new laws creating the At-Will employment doctrine. In his writing Sandler (2000), also agrees that Mr. Wood helped the courts pull away from the rules and laws set by the English at the time and helped to establish the new law for the USA. The general rule in American employment has been that an employment relationship...
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...decade, Australian courts have vigorously debated over the existence, formulation, and consequences of the implied term of mutual trust and confidence, in the context of employment contracts. The decision in Commonwealth Bank of Australia v Barker [2013] FCAFC 83 (‘Barker’) has granted some clarification in this area, with the majority confirming that a term of mutual trust and confidence can be implied into all contracts of employment, unless the term would be inconsistent with the express terms of the contract. The decision has created implications for employers who must review the terms of their employment contracts and reconsider their pre-termination processes, and doubt relating to the scope and operation of the term. Facts: Mr Barker was employed as an executive manager at Commonwealth Bank of Australia (CBA); he had a considerable period of service with the bank. In 2009, the CBA undertook a nationwide restructure of its corporate financial services unit, causing Mr Barker’s position made redundant. Its redeployment policy was to reallocate employees to a suitable position where possible, however the banks HR manual provided that the policy did not ‘form any part of an employee’s contract of employment’. Mr Barker was informed that his position had become redundant and he was told that his employment would be dismissed in one month if another position was not found within CBA. On his notification of redundancy, Mr Barker was told to clear his desk, return his keys...
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...Equal Employment Opportunity and Employee Rights Review Learning Team B HRM 300 May 18, 2015 Professor E. Hardin Equal Employment Opportunity and Employee Rights Review The Civil Rights Act of 1964 prohibits discrimination in all employment decisions on a basis of race, religion, ethnicity, sex, and national origin (DeCenzo, Robbins, Verlhurst, 2013). Not only does it protect in employment decisions but it also ended unequal application of voter registration requirements. When the Civil Rights Act of 1964 was put in place it ended segregation in schools as well. If this law would not be in place equality in the workplace would not have been possible and many would not be in the place they are in their careers now. The United States Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information (EEOC, 2015). EEOC also makes it illegal for anyone to discriminate against a person who has filed a discrimination complaint or someone that was involved in a discrimination investigation or law suit. With the law in place it gives the EEOC the right to investigate charges discrimination against employers that are covered by the EEOC law. When a person exposes any information or activity that is considered illegal...
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...Employment Law Reflection at DISA 1. The Defense Information Systems Agency (DISA) was previously called the Defense Communications agency (DCA) until 1991. DISA is a combat support agency, provides, operates, and assures command and control, information sharing capabilities, and a globally accessible enterprise information infrastructure in direct support to joint warfighters, national level leaders, and other mission and coalition partners across the full spectrum of operations (DISA, 2014.). It is also a Battle Support Agency Composite of Military, National Civilians, and Contractors. It provides security information to the president, the vice president, secretary of state defense, the military services and any individual or systems contributing to the defence of the USA. The key employment-related policies and compliance requirements that have the greatest impact on employees and to DISA are as discussed below. Office of Personnel Management (OPM) works in several broad categories to recruit, retain and honor a world-class workforce for the American people (OPM, 2014). OPM act as the liaison for between Federal government employees and their Federal government employer. OPM managers Federal job announcements, back ground checks, uphold and defend the merit systems, manage pension benefits for retired Federal employees to include their families and provide training and development programs (OPM, 2014). The Privacy Act regulates the information that can be shared...
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...employer, for whatever reason, is the same as the right of the employer, for whatever reason, to dispense with the services of such employee”(Halbert,Ingulli,pg 65). This was a quote by Justice Harlan in Adair vs. U.S. in 1908. Employment-at-will is a legal rule that developed in the nineteenth century, which gave employers the 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”(Halber,Ingulli). Although it is clearly stated about the employment-at-will and how employers can fire employees for anything, there are some exceptions to the rule. Three Key Exceptions The first exception to employment-at-will is the public-policy exception. With the public-policy exception, an employee is wrongfully terminated when it is against an explicit, established policy of the State the company is out of. The employer cannot fire an employee if they have a worker’s compensation claim if they were hurt at work. “It is recognized in 43 out of the 50 states. A couple states that do not recognize this are Nebraska, Florida, and New York”. (bls.gov, pg. 5) The public policy exception is the one exception that is mostly regarded in the U.S. The second exception to the employment-at-will is the implied-contract exception. This happens when the it is an implied contract between both parties, even though there is no written contract. The employer may make verbal or written representations to employees...
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...Cape Cod Community College Employment at Will RAE BUS MGT 107 Professor M. Bejtlich 12/08/2013 Table of Contents Introduction………………………….1 Employment at Will Definition……...2 Employment …………………………3 Employment Categories……...3.1 Probationary Period……….…3.2 Exceptions to “At Will”……...3.5 Conduct Policy……………………….4 Termination of Employment……...….5 Introduction Most employers introduce their workplace rules and policies in an employee handbook. A common outline in those handbooks is a statement that employment with the employer is “at-will”. Generally speaking, at-will employment refers to an employment relationship under which an employer can terminate an employee’s employment at any time, for any reason (other than an illegal reason), and the employee can resign his or her employment at any time, for any reason. Employers generally include at-will employment context in employee handbooks to analyze that, by setting forth the employer’s policies in writing in a handbook, no clear or hidden contractual claim or privilege arises to employment for any duration. These limitations also usually state that the at-will employment relationship can only be adjusted by a written contract of the employment, signed by a formal official of the employer, and the employee (Shepard). Employment at will has been a fixture in United States employment law since the Industrial Revolution in the late 1800s. On the surface it appeared to be a neutral doctrine giving both...
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...The Right to Work and At Will Employment Abstract This paper will explain the difference of The Right to Work place and an Employee at Will. There is much difference with both after research obtained; the meaning may sound similar but very much different. Many work places have these two meanings in place. As I researched, it came to me that I did not fully understand what both were. Now I am aware and will go into full explanation with both. The references will be from two online articles and the Labor Relations Process. The Right to Work and At Will Employment I would like to begin by stating that when I began my employment 16 years ago, I never acknowledged the fact that Florida was considered a right to work state. At that time, I was a new resident to Florida, therefore not understanding the Florida laws and regulations. When I was processed for employment, I am sure the HR department explained it, but I just never paid attention to it. Now that I have researched it, I have a better understanding. When I first heard the words, The Right to Work, I thought it just meant that if any employer hires you, that you just have that right to work there on your conditions. Well that was incorrect as I began my research. As far as the At Will Employment, I assumed that you are able to work at any company for any given time with no probation period occurring. Well as that research began, I was incorrect. Having the ability to understand these terms as I advance...
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...Resource employees to understand the role The Equal Employment Opportunity Commission (EEOC) has on how business is conducted and to ensure that their laws and regulations are met. The human resource department is responsible for maintaining compliance of employment and work place related laws. The human resource department also trains personnel to ensure that the laws are understood and upheld. The Federal Equal Employment Opportunity laws prevent companies and supervisors from discriminating against employees on the basis of many different factors. These factors include race, color, and religion. The human resource department is responsible for investigating claims brought against the company by employees regarding discrimination. Human resource personnel must have policies and procedures in place that follow the equal employment opportunity laws. The human resource department is responsible for protecting the rights of employees and for preventing lawsuits against the company based on noncompliance to equal employment opportunity laws. (hr-issues-facing-business.html) The human resource department must maintain documentation that the equal employment opportunity laws are being upheld and that that discrimination is not taking place. The human resources department has had to change policy and implement new guidelines for hiring of employees due to the law Title 1 of the Americans with Disabilities Act of 1990.” This law makes it illegal to discriminate against a qualified...
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