Premium Essay

Employment & Legal Issues

In: Business and Management

Submitted By hexoffender
Words 2966
Pages 12
INTEROFFICE MEMORANDUM
TO: FORD FAIRLANE
CEO, TOY COMPANY
FROM:
DIV. MANAGER, ELEMENTARY TOYS
SUBJECT: RESPONSE TO SHIFT POLICY CHANGES
DATE: MAY 15, 2014

Constructive Discharge
With the recent changes to the new shift work policy, some employees have expressed the sentiment that the new policy would preclude them from observing their holy days or Sabbath. In particular this change has elicited some unfavorable perceptions of the company as practicing discrimination by forcing employees to work on the Sabbath. The change in policy, which was necessary to promote company growth, simply changes the production schedule from five 8 hour shifts Monday through Friday, to four consecutive 12 hour shifts Monday through Sunday with four days at work and then four days off. However the days can occur any day of the week.
However, one employee has taken the steps to file a claim under Title VII of the Civil Rights Act of 1964, constructive discharge. The constructive discharge claim, is that the company created a discriminatory work environment that essentially forced the employee to seek termination. Legally, Constructive Discharge is defined as “an employee who resigns after being subjected to unlawful discrimination is said to have been constructively discharged if a reasonable person would have found the discriminatory conditions to be intolerable” (Finnegan, 1986).
The interpretation of discrimination in a constructive discharge claim is fairly rigidly described by the circuit courts, even with minor differences. But most courts seem to remain settled upon evidence of an "'aggravated situation' beyond 'ordinary discrimination' “(Finnegan, 1986). It is probably safe to say, relevant to the situation with this former employee, that a reasonable person would not conclude that even ordinary discrimination took place by the policy, let alone an...

Similar Documents

Premium Essay

Opposition to Sb 798

...SB 798 prohibits the sale and manufacture of BB guns and imitation firearms unless the entire exterior surface is painted in bright neon colours. This Californian bill was amended on April 13th 2011 by Californian Senator, De León. The purpose behind this bill is to protect Californians, especially accidental shooting of residents from law enforcements due to fake firearms which are indistinguishable from real guns. However, SB 798 will not make California safer and will do more harm than good. Airsoft guns are not toys in any way, shape or form. Airsoft guns are firearm replicas on a 1:1 scaling ratio and almost indistinguishable as fake firearms by appearance. The current law prohibits the sale of airsoft guns to minors unless accompanied by a parent or guardian, as airsoft guns require the same care and handling as if they were real firearms. Airsoft guns are designed to discharge non-metallic BBs six millimeters in diameter, which weigh between 0.2 to 0.4 grams. However most airsoft guns are high powered and are capable of firing at a velocity between 300 to 500 feet per second. Improper firing of such high powered airsoft guns can result in serious bruises, knocking out of tooth and even penetration of skin. Painting airsoft guns in bright neon colours will give the impression to parents that they are toys and therefore suitable for children. This will cause more harm as more airsoft guns will become more available to children. Whether painted or not, airsoft guns......

Words: 742 - Pages: 3

Free Essay

Legal Risk and Opportunity in Employment

...Legal Risk and Opportunity in Employment Tester Pester LAW/531 November 7, 2010 Lame Duck Abstract This paper analyzes the legal principles and remedies behind the three scenarios described in the simulation. Legal Risk and Opportunity in Employment Legal Encounter One NewCorp hired Pat Grey as a property manager. NewCorp fired Pat after three months. Pat thinks it is not related to performance but other outside issues. NewCorp maintains that it is not working out with Pat, so he is let go. Legal Issues 1. Doctrine of promissory estoppels. 2. At-will Employment. Vermont is an “at will state.” According to the definition of “at will” on the Department Of Labor, Vermont, (n.d) website, An employer may terminate an employee for any reason as long as it is not one of the protect classes e.g.:  race, color, national origin, religion, sex, age or mental, or physical disability. NewCorp has not terminated Pat for any of these reasons. Retaliation or discrimination against employees or applicants who have alleged employment discrimination is unlawful (Cheeseman, 2010). Pat has not made any employment discriminations complaints. Pat has also acknowledged signing a statement of employment at-will so he should be aware that he can be let go anytime for no reason. Pat can still establish a claim for wrongful termination under promissory estoppels. He will have to prove the termination breached a specific promise made by NewCorp (Cheeseman, 2010).......

Words: 1024 - Pages: 5

Premium Essay

New Corp Legal Scenarios

...NewCorp Legal Scenarios Employment laws and regulation are created to protect the rights of employers and employees. The relation between employer and employee creates a variety risks that affects both parties. Businesses have to analyze the consequences of dismissing an employee, and take the appropriate measures to prevent legal issues; however, some agents are not aware of employment regulations and make decisions that violate the rights of employees, which create big risks for the organization. This context consists of legal encounters involve NewCorp; as an employee of the company, one is require to provide an assessment to latter refer matters to an attorney to save money on legal advice, and have a brief answer to the questions asked in each encounter. Legal Encounter 1 What liabilities and rights do NewCorp and Pat have in this situation? NewCorp have the rights to dismiss an employee at will; however, the company can be liable of wrongful discharge. Pat has the right to know the indication of the problem and to a corrective plan to improve his deficiencies before he is dismiss. What legal principles, such as statutory or case law, support those liabilities and rights? Employment at will is a doctrine supported by statutory law, and wrongful discharge is supported by case law. NewCorp hire Pat as a manager, Pat signed an agreement that show his understanding that NewCorp observed employment at will and it can discharge anyone without a motive; however, part......

Words: 1010 - Pages: 5

Free Essay

Legal Risk and Opportunity in Employment.Docx

...Legal Risk and Opportunity in Employment Tester Pester LAW/531 November 7, 2010 Lame Duck Abstract This paper analyzes the legal principles and remedies behind the three scenarios described in the simulation. Legal Risk and Opportunity in Employment Legal Encounter One NewCorp hired Pat Grey as a property manager. NewCorp fired Pat after three months. Pat thinks it is not related to performance but other outside issues. NewCorp maintains that it is not working out with Pat, so he is let go. Legal Issues 1. Doctrine of promissory estoppels. 2. At-will Employment. Vermont is an “at will state.” According to the definition of “at will” on the Department Of Labor, Vermont, (n.d) website, An employer may terminate an employee for any reason as long as it is not one of the protect classes e.g.:  race, color, national origin, religion, sex, age or mental, or physical disability. NewCorp has not terminated Pat for any of these reasons. Retaliation or discrimination against employees or applicants who have alleged employment discrimination is unlawful (Cheeseman, 2010). Pat has not made any employment discriminations complaints. Pat has also acknowledged signing a statement of employment at-will so he should be aware that he can be let go anytime for no reason. Pat can still establish a claim for wrongful termination under promissory estoppels. He will have to prove the termination breached a specific promise made by NewCorp (Cheeseman, 2010).......

Words: 1024 - Pages: 5

Free Essay

Why Employment Law?

...Reflection Paper #1 – Why Employment Law? Tieera Hill Metropolitan State University Reflection Paper #1 - Why Employment Law? Human resource management (HRM) can be defined as, “the process of hiring and developing employees so that they become more valuable to the organization” (Human Resource Management, 2015). When thinking about HRM within an organization, it is very important to have a great understanding of employment law since it may be applied to many workplace situations. The human resources department of a place of business needs to have an infinite amount of knowledge about employment law so that interactions with employees can directly model what may be acquired by the law concerning legal rights or expectations. When taking a HRM course at a university that involves employment law, its good to have an understanding of why you're taking the course in terms of your level of expertise, if you're looking to expand your knowledge on the subject, and what you hope to gain from taking it. Overall, having an understanding about why I'm taking this kind of course is a great way to get me to think about my personal learning expectations. Employment Law Course Experience Level Employment law is, “The body of law that governs the employer-employee relationship, including individual employment contracts, the application of tort and contract doctrines, and a large group of statutory regulation on issues such as the right to organize and......

Words: 1009 - Pages: 5

Premium Essay

Legal Issues in Reduction of Workforce

...Running head: LEGAL ISSUES IN REDUCTION OF WORKFORCE Legal Issues in Reduction of Workforce Clotee Lewis University of Phoenix August 25, 2008 Legal Issues in the Reduction of Workforce FastServe Inc. is a $25 million dollar company with a workforce of 350 employees involved in the direct marketing of branded sports apparel. The company has decided to move out of online distribution because the transactions no longer justify the online division. A few employees will be retained based on past performance and skill level, while others must be released. Cutting costs is the primary reason for FastServe's recent reduction of workforce decisions, and legal issues have come into play. Increased competition and rapidly developing technologies are leading companies to make innovations in how they operate, organize work, and manage people. As employers increasingly take advantage of new technology they are finding the need to restructure staff. These changes present legal challenges and risks for human resources; however, with proper planning the potential for incurring charges of discrimination or other employment law issues can be anticipated and avoided. This paper identifies the key concepts of employment law that would affect the five employees; the extenuating regulatory circumstances; the agency principle as it relates to self-interest and the interests of the organization; and balance of legal risk of terminated employees. Table of Employment Law Key......

Words: 1728 - Pages: 7

Premium Essay

Business Law

...Ethical and Legal Issues Concerning At-will Employment Jasmine Mills Park University Abstract As years pass by, every sphere of life is taking a new dimension; for instance, advancing technology. This has resulted in some ethical issues in workplaces such as cyberloafing, privacy, information technology usage, employee monitoring. Also, legal issues in workplaces such as lawsuits have emerged. Both employers and employees are worried about the ethical consequences resulting from the ethical issues While bosses use surveillance devices to keep track of their workers' activities and output, these workers feel that excessive monitoring is an attack on their confidentiality and privacy. The strategy of checking workers on a timely basis is contributed by the fact that bosses have rights over everything in the “at-will employment environment.” Additionally, this paper provides a proposal for reducing the ethical and legal issues. The paper also encourages organizations to generate and efficiently communicate ethical standards for workers in their companies. It also includes real examples of workers' perceptions as well as an emotional state from the surveys based on ethical and legal issues raised regarding the topic of study. Keywords: At-will employment, employee monitoring, Ethical and legal issues. Introduction At- will means employment can be terminated at any time, for any reason or no reason without facing legal action. Likewise, an employee can quit a job with......

Words: 2152 - Pages: 9

Free Essay

Business Issue

...On ETHICAL AND LEGAL CONTEXT OF HRM Course No: 222 Prepared for Imrana Yasmin Assistant Professor Dept. of Marketing University of Dhaka Prepared by BRAINTRUST Section-B BBA 15th Batch Department of Marketing University of Dhaka Submission date: October 30, 2010 GROUP PROFILE |SL No |Name |Roll | |01 |Asif Mohammad Shakil | 28 | |02 |G. M. Riazuddin | 30 | |03 |Zinat Shahana |102 | |04 |Rifat Jahan |136 | |05 |Shayala Yesmin |160 | LETTER OF TRANSMITTAL October 30, 2010 IMRANA YASMIN Assistant Professor Dept. of Marketing University of Dhaka Subject: Letter regarding submission of Term Paper on HRM Dear Madam, It’s a great pleasure for us to have the opportunity to submit a report on ‘HUMAN RESOURE MANAGEMENT’ which had been a great experience for us to work with such a practical issue & to have the......

Words: 1769 - Pages: 8

Premium Essay

Law Employment Contract Analysis

...Summary This paper is about the concepts behind and an analysis of an employment contract between Sam Marafioti and the Sunnybrook Health Sciences Center. The goal of this paper is to better understand contract law and the legal, ethical and contractual issues that can arise when dealing with an employment contract. The paper begins by explaining the objective of the paper and the used in order to complete the objective. The methodology used is a five step process beginning with the clauses within the contract being defined. This creates an easier reference for a reader without any legal background. The clauses are stated in an easily understandable format in order to better understand the agreement used in the analysis. This precedes the section where all legal concepts within the contract are defined. The legal concepts are used in order to better understand the meaning of the contract. They explain both the what, and the why each clauses exists and how they interact with the signer. The ethical issues within the contract are then showcased. The law is considered the minimum standard of ethics and as such there can be ethical issues for the signer. The process of termination is then analysed to better understand how the clauses within the contract work in a real scenario and can prepare the reader for their own employment termination. Finally, my personal recommendations regarding legal issues and lessons learned are displayed. This section shows how the contract...

Words: 9375 - Pages: 38

Premium Essay

Legal Risk and Opportunity in Employment

...Legal Risk and Opportunity in Employment The following assessment will discuss legal risks and opportunities involves in three NewCorp legal encounters. The decision for each counter will be supported by legal principles from management of employee conduct and employment discrimination (Jennings, M. M, 2006). In Legal Encounter 1, In a principal and agent relationship, NewCorp exercises a great deal of control over Pat Grey. Pat is in high level of supervision and control. His scope of employment is about three months. NewCorp’s liabilities and risks: If Pat Grey’s contract is writing, the authority of discharge must be in writing. In this case, the discharge order gave by oral instead of writing. Pat informed upon his employment, he signed and understood that NewCorp observed employment at will. This provides the right for NewCorp to terminate Pat Frey’s employment even Pat is a contract employee. Pat Grey’s boss informed Pat about his term of leaving without any indication of his deficiency or clear business-related reasons for this dismissal. At same time Corrective Action Plan (CAP) was not in place. This action did not following NewCorp’s personnel Manual. This is potentially considered as a wrongful discharge suit. Pat Grey risks and opportunities: Pat understood the employment at will upon his employment. He believed his unpopular behavior in school broad meeting contributed to the NewCorp decision to discharge him . Since on formal business related......

Words: 1100 - Pages: 5

Premium Essay

Analysis You Decide Business Law Coleman Works for Software Inc

...he met with John at Jimmy’s Poor-Man’s Bar which was not a client of Coleman’s. Coleman decided to show John a cool trick that at the end it killed Jimmy and the bar sustained a lot of damage. Because of what occurred at the Bar Software Inc. terminated Coleman’s employment. Coleman decided after a week of his job being terminated that he would make amends with John. He took John out to dinner and got into an argument and punched John in the eye. Legal Issue(s) Presented: The issues that were presented in this scenario were: (1) Because of what occurred at the Bar, Jimmy’s mother, John, and the 5 owners of Jimmy’s Poor-Man’s Bar sued Software Inc. for the damaged caused by Coleman. (2) Coleman sued Software Inc. for wrongful termination (3) The jewelry store sued Software Inc. for the value of the ring that was stolen by Coleman. There were several legal issues to discuss based on the different types of suits that they were bringing against Software Inc. One legal issue was when an employer is liable for the actions of an employee. Another legal issue is when an employer is able to terminate an employee. Legal Concepts: There are several legal concepts to discuss based on the scenario. The first legal concept is to identify the principal and the agent, and discuss their relationship. As it states in the textbook “A principal is a party who employs another person to act on his or her behalf.”1 Also, “An agent is a party who agrees to act on behalf of......

Words: 1081 - Pages: 5

Premium Essay

Legal Issues of Performance Management

...Legal Issues of Performance Management Legal issues associated with a performance management system can vary, but as Herman Aguinis states “performance management systems that are fair and acceptable to the employees are also legally sound” (Aguinis, 2013). The following paper will review some of the most common mistakes found in performance management systems that allow for legal implications to take place. The primary focus will be directed towards procedural standardization and implementing them equally with all employees. The secondary focus will examine how improper documentation leads to legal implications because of a lack of showing reason for decisions of no pay raise or even termination of employment. Procedural Standardization Setting up a performance management system has many aspects, but one of the areas it could be detrimental for an organization is how they standardize procedures for all employees to follow when describing another employee within reviews. In this manner there cannot be what is referred to as a double standard. Double standards are defined by Dictionary.com as “any code or set of principles containing different provisions for one group of people than for another” (Dictionary.com, 2015). A great example of procedural standardization is best found in an article written by Kathleen Davis for the Fast Company website. Within Kathleen’s article she describes how words appear on men and women’s reviews and the manner of which they appear to......

Words: 1106 - Pages: 5

Premium Essay

Importance of Training

...their quality of work. Motivation is a drive that helps increase the performance of productivity of an organization. It is important for businesses to achieve a pattern of training goals or objectives for employees to learn legal aspects of the company, and learn to work in a diverse environment create growth or profits. In order for a company to become successful in the marketplace, it is important for training courses to take place. When training course occurs it can increase, motivate, and provide potential growth for the employee. Training sessions help to build career development that produces a healthy image for the business, and the consumer. Human resource use learning classes to achieve long, and short-term objectives, and goals. A strong sense of cooperation, and teamwork, and urgency to learn when staff members have the proper training. Employees work together as a unit, and team spirit becomes part his or her work routine. Therefore, providing a passion for knowledge, and learning new information can be rewarding for the working class. The moral of the individual help to production, and work quality. The moral and quality of a person’s work ethics increases, and the quality of work becomes better over-time. Richard Curtain believes there is legal framework that relates...

Words: 1219 - Pages: 5

Premium Essay

Newcorp

...NewCorp Scenarios Legal Brief Adriana Astte Carolina Mercado Liliana Mejia Rodriguez LAWP/531 March 28, 2013 Professor Ken Marc NewCorp Scenarios Legal Brief Legal Encounter 1 What liabilities and rights do NewCorp and Pat have in this situation? What legal principles, such as statutory or case law, support those liabilities and rights? Liabilities include: wrongful termination, a breach of contract, and freedom of speech violation. Issue: NewCorp fired Pat without notice of unsatisfactory performance after being vocal at the local school board meeting. Explanation: Vermont is an at-will state; therefore Pat is an at-will employee giving NewCorp the right to fire Pat. That means that employees can leave the employment or be terminated without reason. However, according to Kohn (2012), the at-will doctrine applies “only in cases where there is no oral or written contract for an ascertainable or definite term of employment.” NewCorp’s personnel manual included a section on unsatisfactory performance. Pat signed the contract to show understanding of the policies. Pat also acknowledged that if performance was poor, Pat would have a chance to improve by being placed on a corrective action plan. This contract implied that if any employee was not meeting expectations would have a chance to develop. Given the situation that Pat and the family had just relocated from another city implies that NewCorp would have covenant of good faith which “limits......

Words: 1303 - Pages: 6

Premium Essay

Legal, Safety, and Regulatory Issues of Human Resources

...Legal, Safety, and Regulatory Issues of Human Resources Tara Moreno HCS/341 August 24, 2015 Angela Thomas Human resources are greatly impacted by the legal, safety, and regulatory issues that pertain to their company’s employees. The statement, “common sense and compassion has been replaced with litigation”, implies that companies today have become so engrossed with avoiding legal liabilities and lawsuits by employees that a cold management style becomes the result. Human resource managers must be well informed of regulations and laws in place that protect employee and employer rights and enforce employer responsibilities as they pertain to legal, safety, and regulatory issues in the workplace. There are many legal issues that companies must adhere to that are enforced by the Department of Labor. These laws are set in place to protect both the employee and the employer and to ensure fairness and ethical behaviors within the workplace. Some of the legal aspects of human resources that are governed by the Department of Labor include, but are not limited to; wages and hours, workplace safety, and the Family and Medical Leave Act (FMLA) ("U.s. Department Of Labor", n.d.). Employers are required to pay minimum wage to non-exempt employees for regular hours worked and time and a half pay when overtime hours are worked. The standards for wage and overtime pay are set forth by the Fair Labor Standards Act (FLSA), while the Wage and Hour Division enforces these standards. ......

Words: 897 - Pages: 4