...Employment-At-Will Doctrine Ayesha Kapoor LEG-500 – Law, Ethics and Corporate Governance Dr. Angelina Audrey 28th July 2012 Employment-At-Will Doctrine: At-Will employment is a doctrine of American Law, that defines an employment relationship in which either party can immediately terminate the relationship at any time with or without any advance warning and with no subsequent 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. In USA, 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 and the employee too is equally fit to quit, strike or otherwise cease work. In this assignment in capacity of the Chief operating Officer of the company, I would like to address some of the personnel problems that require immediate attention before the Initial Public Offering (IPO) of the company. Scenario 1.In this scenario John’s action of posting a negative statement on Facebook is truly unprofessional and unethical. According to the National Labour Relations Board, criticism by the employee over social networking sites is a protected activity that employers should not violate by punishing workers for such statements. Hence it prohibits employers to retaliate against employees for communicating with each other online or in person. John cannot be legally fired. This action...
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...Electronic Surveillance of Employees Michael Crollman Strayer University October 19, 2011 Explain where an employee can reasonably expect to have privacy in the workplace. Employees can reasonably expect to have privacy in the workplace only when there is a reasonable expectation of privacy. This means that if you are in a situation or location at the workplace where a reasonable person would expect that they would be alone and isolated, then you could reasonably expect privacy. Very few places in the workplace fall into this category. In general, the restroom is the only place where an employee can reasonably expect to have privacy. Employees who are concerned about their privacy rights and questioning whether their privacy rights have been violated should refer to case law related to “Intrusion upon seclusion occurs when a perpetrator intentionally intrudes, physically, electronically, or otherwise, upon the private space, solitude, or seclusion of a person, or the private affairs or concerns of a person, by use of the perpetrator's physical senses or by electronic device or devices to oversee or overhear the person's private affairs, or by some other form of investigation, examination, or observation intrude upon a person's private matters if the intrusion would be highly offensive to a reasonable person.” [ (Wikipedia, 2011) ]. In the office workplace there are typically two types of workspaces, an open area, in which there are several desks and where conversations...
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...Electronic Surveillance of Employees Legal 500 10/20/2011 1. Explain where an employee can reasonably expect to have privacy in the workplace. The increased use of technology in the workplace has generated new fears for both employers and employees in the privacy region. These days most employees have access to email, and internet access in the workplace, as opposed to a decade ago, has also exploded. According to an IDC Corporation study, two-thirds of employees in medium and large companies in the United States had Internet access in 1997. Today, those numbers are exponentially higher (Gindin, 1997). While this technology can be praised for the ways in which it has helped industry and general public, it also raises concerns about employee’s privacy in the workplace that before did not exist. Employers did not have technological access to both work-related and personal information about their employees, but now employers have full technological access to the employee’s information while he is at work. Question is why employers would need the personal information of their workers, what they do with the information and why employees should be worried, how employers can protect themselves from privacy suits, what the legal position of such privacy concern is and lastly, what employees should be doing to safeguard their privacy while at work. The employees can reasonably expect privacy in the workplace in places like restrooms, parking lots, lounges and in the kitchen area...
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...Running head: EMPLOYMENT-AT-WILL DOCTRINE 1 Employment-At-Will Doctrine Name LEG 500 Date Professor EMPLOYMENT-AT-WILL DOCTRINE Employment-At-Will Doctrine Employment-At-Will Doctrine is “the common law rule that holds that whenever an employment relationship is of an indefinite duration, either party may terminate the relationship a anytime” (Halbert, 2010). The new hired Chief Operating Officer (COO) needs to understand this law in order to prepare for an IPO (Initial Public Offering). Sadly the midsize company where the COO was hired has some issues that must be addressed before addressing the public. Here are the eight scenarios that the company and new COO currently face. 2 First scenario, John posted a rant on Facebook page in which he criticized the company’s most important customer. Nowadays when working for a company, employees should know that there is no privacy when it comes to what you as individuals do or express on a social media, there is always somebody that will get the message and pass the information to a superior. In this case, John not only put the credibility of the company in jeopardy, but also his job and the trust of the client. Now the company not only has to do some damage control repair but also needs to review the policy regarding social media and let know the employees the consequences of posting negative comments about the company’s client on personal blogs or social media. The company should implement something similar to what hospitals...
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...Assignment # 1- Electronic Surveillance of Employees Ww gg Law, Ethics, and Corporate Governance Professor Lynette Collins April 19, 2011 Electronic Surveillance of Employees 1. Explain where an employee can reasonably expect to have privacy in the workplace. Privacy has become extremely important part of American culture. Lately, work place privacy has brought unwanted and costly litigations. To protect the company from those kinds of litigations, organizations are monitoring employee communications carefully. Although according to courts the private organizations have rights to monitor employee communications. In order to this `` Employee surveillance and email monitoring in the workplace present a number of sometimes conflicting issues regarding an employer’s need to protect its property and itself against liability and an employee’s right to privacy``(Adams, Scheuing & Feeley, 2000). Martin and Freeman (2003) also examined key arguments for and against employee monitoring, productivity, security, liability, privacy, and creativity. Privacy may be invaded in four ways. The first is unreasonable intrusion upon a person’s seclusion. Appropriation occurs when the use of a person’s name or likeness is used for economic benefit. Third is public disclosure of private facts. Finally, false light Most cases concerning invasion of privacy by employers involve intrusion upon seclusion’s is publicly characterizing or placing a person in a false light (Chieh and...
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...team, then separate into 3 main groups: (1) Endurance athletes, (2) Mid-distance (3) sprinters, jumpers, throwers. Team leaders per group will be helpful. Train event specific. Research shows specificity of training will negatively or positively impact performance if the workouts are not event specific. During stretching use 30-seconds stretch hold positions for the first two weeks, but switch to dynamic stretching after two weeks. Research shows static stretching will slightly impair speed and strength for up to an hour afterwards, which is desirable the first two weeks to prevent injury. Training principles: Train event specific! Focusing on quality of training improves performance, quantity training decreases performance, even for endurance athletes. Training sequence: Heavy/light/heavy/light/off (one of the heavy days needs to have a killer ladder) Train all three muscle fibers; slow, fast, and super fast “Train fast to be fast.” Running, jumping or throwing at slower than performance will decrease future performance unless it is for strength training or technique. Most races are lost based not by the lack of endurance, but the lack of speed. In track and field, athletes are on their own during meets to a degree, and it’s important to train athletes to prepare themselves for their events. Training process: Post workouts, have group leaders check off athletes as they finish their daily workout assignments. Complete segments in groups. Teaching...
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...I work as a community nurse and I have recently become intrigued about one of my patients requiring treatment for a leg ulcer. For the purpose of this assignment I shall call her MA, because as a nurse and a professional I have professional and ethical duty to protect patient identities (Quacker Nursing Council [QNC]2010). My rationale for selection of topic is that Leg ulcers (LU) cost this country’s health service an estimated 200million quars per year in hospitalisation fees for those individuals who do not have health insurance (Quacker Health Board [QHB] 2012, Wilson 2010). An outline of LU is provided in Appendix One, while Appendix two provides a synopsis of MA and her LU. Community nurses are increasingly seeing patients with LU as insurers only pay for three episodes of treatment for one condition (Medins 2011). This disadvantages those patients like MA, as if they have a long term or chronic condition they may not receive treatment or care and this in turn will raise the country’s morbidity and mortality rates. In the UK the Government provides all healthcare free at the point of delivery and prevention of ill- Health and patient’s taking responsibility for managing their own illness or disease is viewed as an important Public Health Strategy ( DH 2010). In this assignment I will discuss strengths and limitations of evidence based practice (EBP),sourcing different forms of evidence which will enable me to provide the best evidence-based practice I can for my patients...
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...------------------------------------------------- Assignment 1: Whistleblowing and Sarbanes-Oxley LEG 500 LEG 500 Whistle blowing has its origins from an example of law enforcement blowing a whistle when someone finds a crime or some wrongdoing process in a government. So when wrongs are taking place in government, the public they serve suffers (Chambers, 2014). The government is supposed to be open. Whistleblowers have to care about the issues that are going on in the workplace for them to commit such energy into the act. They have ethics and morals. The whistle blower is passionate about their work and its proper execution (Chambers, 2014; Lowry, Moody, Galletta, & Vance, 2013). The recent case of September 2014, Katherine Mitchell, Paula Pedene, and Damien Reese brought to light the wrongdoing at Phoenix Veteran Affairs hospital where records on appointment data were falsified to hide delays in treatment. There was financial mismanagement in the agency which was later confirmed by the inspector general after the three exposed the issue (Hicks, 2014; Lee & Fargher, 2013). Paula was punished by the management because she spoke against financial mismanagement in the hospital. She was given a desk and a job in the basement. Katherine's supervisors tried to sabotage her career by giving her a position of overseeing quality of patient care. Given that the three were protected under the Sarbanes Oxley act, they were later promoted by the agency. In this way...
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...Schukra Assignment Due Date: Wednesday, October 29th (at the very beginning of class, no later than 5 minutes after the start of class) Length: No more than six pages double-spaced with one inch margins excluding title page, references and exhibits. The final report must be submitted on the due date simultaneously in TWO WAYS: Submit as follows: 1) A traditional paper report (stapled, etc.) to be turned in at the very beginning of class on the due date, and 2) As an email to me in a single PDF file at mfields@uwindsor.ca. The papers should be in APA format and use at least five appropriate references (not Wikipedia or ask.com, etc.). Because some of the reports will be forwarded to Schukra, your student numbers should not be included on the electronic versions. You must submit your report using both methods in order to receive a grade for this assignment (electronic only submissions will not be accepted). Late assignments, at the instructor’s discretion, will either not be accepted or will be severely penalized. A selection of the best or most interesting reports will be submitted to Schukra for discussion at the workshop. The teams with the very best submissions may be invited to briefly (no more than 3 - 5 minutes) present a summary of their suggestions to the Schukra Team during their session. Workshop Date: Saturday, November 8th from 9:00-11:30 in Toldo Room 104 Schukra of North America Ltd., is a wholly owned subsidiary of Leggett and Plat (NYSE: LEG) an S&P...
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...Assignment #1: Employment-At-Will Doctrine LEG-500- November 3, 2013 I. Introduction The employment-at-will is a term part of the labor law in which states that an employee can be dismissed by an employer for any or no reason and without warning. Likewise, an employee is free to leave a job at any time for any or no reason with no adverse legal consequences. At-will also means that an employer can change the terms of the employment relationship with no notice and no consequences. “For example, an employer can alter wages, terminate benefits, or reduce paid time off. In its unadulterated form, the U.S. at-will rule leaves employees vulnerable to arbitrary and sudden dismissal, a limited or on-call work schedule depending on the employer’s needs, and unannounced cuts in pay and benefits” (Glynn, Sullivan, & Arnow-Richman, 2007). There is also the at-will presumption in which it is a default rule that can be modified by contract. For example, a contract may provide for a specific term of employment or allow termination for cause only (Glynn, Sullivan, & Arnow-Richman, 2007). Causes can generally include reasons such as poor employee performance, employee misconduct, or economic necessity. The employment contract would state the reasons or actions that would lead to termination for cause. Also, over the years, courts have carved out exceptions to the at-will presumption to mitigate its sometimes harsh consequences. The three major common law exceptions are public...
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...Assignment #2 – Family Related Law, Ethics, and Corporate Governance – LEG 500 May, 2011 1. Explain if it matters that a parent literally had nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent. Under the Family and medical Leave Act (FMLA), a child can take care of their biological parent. This is even true even if that parent literally had nothing to do with the child growing up. The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) care of the employee's own serious health condition. It also requires that employee's group health benefits be maintained during the leave. The FMLA is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor (www.dol.gov). 2. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA. The Family & Medical Leave Act (FMLA) applies to your company if you employ over 50 employees within 75 miles of the worksite, and at least 50 of your employees...
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...Rally Round the Trade Name Assignment 5 Angela Jules Strayer University Prof Nashe LEG 500 March 9, 2011 1. Explain whether or not the fact that Gabby’s surname is Rally gives her the right to use it any way she wishes. Gabby has the right to use her surname any way she wishes. You have the right to keep your legal name and use it. In General, it makes no difference whether you are using your real name or any other name for your business. There are many businesses with different names that are not associated with the person what so ever. According to Search for Ancestors, “ A surname, also known as a last name or family name, is a fixed name shared in common with the members of a family and is passed down from generation to generation. The use of a surname is relatively new in history and was adopted in order to legally distinguish two individuals with the same first name.” Regardless of the fact that Rally Motors has been in business for a many years that does not give them exclusive rights. Per Gabby’s conversation with Herman she stated that she has used the Rally name for over 50 years and is using the name for her small business. Her attempt to contact Herman to explain the use of the Rally name was not to harm his business but show her pride with her given name. Herman’s only concern was about how much money he spent on advertisement to gain customers and trust within the community and that he had exclusive rights to the Rally name. With Rally Motors...
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...noted or reported. Patient if forgetful at times due to the aging. Has BLE muscle weakness and pain due to the disease process. No history of tremors or seizures was reported. No numbness or tingling was reported. Patient speech is clear; no difficulty in swallowing was reported or observed. Patient takes Aspirin 81mg PO daily prophylactically. | Head and Neck (pain, headaches, head/neck injury, neck pain, lumps/swelling, surgeries on head/neck, medications): Per patient “I get occasional headaches but is relived with the pain medication. I have LBP less often then daily but is relieved with the medications”. On assessment no swelling or lumps were noted. No history or surgeries on the back and neck was reported. Patient takes Tylenol 500 mg 1-2 PO PRN. | Eyes (eye pain, blurred vision, history of crossed eyes, redness/swelling in eyes, watering, tearing, injury/surgery to eye, glaucoma testing, vision test, glasses or contacts, medications): Patient reported cataract surgery 10-12...
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...choose is the number that their group will go in. there will be no yelling or shouting during another groups turn each team has 30 seconds to answer their question two minutes in total if it’s a problem that needs to be solved with pencil, and paper. Any question answered incorrectly will result in the team losing 100 points. At the end all the points will be added up and the winner should receive 2 points on any assignment of choice. 100 Section Questions: | Questions | Answer | By the given information determine which word it is best describing. | 1. Has no dimension, and it’s represented by a dot. | Point | 2. In geometry terms that can be described using known words such as point or line are called. | Defined terms | 3. To find the length of AB , with endpoints (-7,5) and B(4,-6) you can use the …. | Distance formula | For the following questions below find the coordinates of the midpoint of the segment with the given endpoints. | 4. C(3,5) and D(7,5) | (5,5) | 5. G(-4,4) and H(6,4) | (1,4) | 6. P(-8,-7) and Q (11,5) | (1 ½ ,-1) | Basic math calculators should not be needed | 7. 6*6 | 36 | 8. 5+5 | 10 | 9. 172-20 | 152 | 10. 64/8 | 8 | 200 Section Questions: | Determine what kind of statement the following statements are. | 11. If an angle is a right angle, then its measure is 90o. | Conditional statement | 12. If the measure of an angle is 90o, then the angle is a right angle. | Converse statement...
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...LEG 500: Law, Ethics, and Corporate Governance | Assignment 3-Employers Duty of Care | 8/14/2011 | 1. Explain whether Jake’s actions are “in or out of his scope of employment.” The definition of “Scope of Employment” according to Oklahoma States Risk Management and Environmental Health and Safety is, “Scope of employment: means performance by an employee acting in good faith within the duties of his office of employment or of tasks lawfully assigned by a competent authority including the operation or use of an agency vehicle or equipment with actual or implied consent of the supervisor of the employee, but shall not include corruption or fraud.” Whether Jake is acting in or out of his scope of employment depends on Jakes job description. Jake has recently been promoted to Service Manager and receives salary pay, Jake stated that he still does the same job, even with a new job title and salary pay. The question that one would need to ask is, what is Jake supposed to be doing? Should he be working on cars or supervising his employees? If Jake is not to work on cars he is acting out of the scope of his employment and vice versa. Herman didn’t mind Jake doing the oil changes; Jake was given permission to change oil for the customers, therefore when Jake cut his thumb he was acting in the scope of his employment. Jake was acting in good faith when he decided to go the extra mile to make sure the customer’s cars were thoroughly checked. 2. Explain whether or...
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