...LEG 500 WEEK 3 DISCUSSION A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=leg-500-week-3-discussion Visit Our website: http://hwsoloutions.com/ Product Description PRODUCT DESCRIPTION LEG 500 Week 3 Discussion, The legal doctrine of employment-at-will gives employers the right to terminate employment for just about any reason with very few restrictions(Halbert & Ingulli, 2012). Additionally, protections under the First Amendment do not apply in private corporations. Lewis Maltby (2010) cites the case of Lynne Gobbell who was fired in 2004 because she refused to remove a political bumper sticker from her car in direct disobedience of her boss. As such, private employers have fairly unlimited ability to monitor productivity and communications of employees at work to include use of communications equipment provided by the company and video monitoring. However, I recommend that the employer’s ability to monitor an employee’s personal email be limited, even when an employee logs into their personal email account from a work computer. Many employers allow employees leeway to do some personal business on company time or using company provided computers during work breaks. When logging into personal e-mail through an account such as Gmail or Yahoo, an employee has a reasonable The legal doctrine of employment-at-will gives employers the right to terminate employment for just about any reason with very few restrictions(Halbert & Ingulli, 2012)...
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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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...MDA Project Report Air Asia in India MDA Project Report Air Asia in India Puru | Prabhav | Aditi | Mohit | Akhil | Sanjana Group -15 Puru | Prabhav | Aditi | Mohit | Akhil | Sanjana Group -15 * 1 Introduction * background study The aviation sector is a major contributor to India’s economy, it provides 1.7 million jobs through its long supply chain and which are 10 times higher than average jobs in terms of productivity and income. The aviation market has 150 million travellers through its airports and is expected to reach 450 million by year 2020 which will make it the third largest aviation market globally. (IATA-The International Air Transport Association). India is at the fourth position in the latest ranking of most favoured destinations for investment by transnational corporations released by UN agency UNCTAD (UNCTAD's World Investment Report 2014). These numbers are tempting for any foreign airline operator and indicate a promising opportunity, and with an increased foreign direct investment of 49%, the major leading carrier in Asia-Pacific, Air Asia, is planning to enter the Indian market. However, like any other civil aviation marketplace around the world, the airline services in India are fiercely competitive, which have raised the expectations of customers by giving better offers and services. But, it is not just about delivering services to customers but also satisfying the customers with quality service at a competitive price. As customer...
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...Employers duty of care Onyinye Nwegbe LEG 500 Submitted to Jennifer Meade Explain whether Jake’s actions are in or out of “his scope of employment”. Jake’s actions are in the “scope of his employment” as is defined by Nolo’s Plain-English law dictionary. Scope of employment can be defined, “as actions or activities an employee might reasonably undertake as part of his or her job. An employer is responsible for actions an employee takes within the scope of employment, which means an employer can be liable to third parties who are injured by the employees conduct”. In this scenario Jake’s actions are within the scope of his employment. Jake was a certified mechanic, working as a service manager for Herman. Herman made Jake work and service cars for his customers which were normal activities that Jake undertakes as part of his job. Explain whether or not Herman is responsible for Jake’s injury Herman is responsible for Jake’s injury because Jake suffered an accidental personal injury while servicing cars for him (Herman) his employer. “Workers compensation acts are state statutes that require employers to purchase insurance to protect their workers and establish liability of employers for injuries to workers while on the job or illness due to employment. Workers’ compensation is not based on the negligence of the employer; benefits are granted regardless of fault and include medical coverage, a percentage of lost wages and compensation for any permanent injury...
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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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... Anthony Fowler Norfolk State University Law, Ethics, and Corporate Governance-LEG 500 September 11, 2012 Professor Robert Moore, J.D. Employer’s Duty of Care Explain whether Jake’s actions are in or out of “his scope of employment”? Scope of employment are the activities of an employee that are in furtherance of the duties that are owed to an employer, where the employer is or could be, the existence of some control wither directly or indirectly, over the activities of the employee. The scope of employee includes all acts reasonably necessary or incident to the performance of work. This includes matters of personal convenience and comfort that will not conflict with specific instructions. ("Scope of Employment," 2011) In the case of whether Jake’s action are in or out of his scope of employment, it appears while performing the oil changes on customer cars that Jake is indeed within the scope of his employment. However, when it comes to Jake checking the brakes, tires, transmissions and other fluids on each customer’s car Herman may argue that Jake is no longer working within his scope of employment. Herman’s argument may be valid as Jake was not instructed nor obligated to check those items of the car, Jake has violated the limits of his employment. On the other hand as a certified mechanic, Jake states in the video he has certain standards and deontological ethics required by...
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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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...Employment-At-Will Doctrine Sherita Pittman October 26, 2014 Master of Business Administration LEG 500 Strayer University Employment and employee go hand and hand at some point in life. Work is defined as, exertion or effort directed to produce or accomplish something; labor; toil and employment is, an occupation by which a person earns a living; work; business (Dictionary.reference.com (2014). As the Chief Operating Officer (COO) in a midsize company preparing for an Initial Public Offering (IPO). I have discovered multiple personnel problems that require immediate attention and faced with difficult decisions to be made. In this paper I will discuss the employment-at-will-doctrine and examine three scenarios described, analyze whether legally I can fire the employees by including an assessment of any pertinent expectations to employment-at-will doctrine, the primary actions I should take to limit liability and impact on operations and examine the state’s policy on employment-at-will by analyzing one real-world example of an employee or employer utilizing state’s employment-at-will doctrine in the last five-year. As an astute manager, I have analyze the employment-at-will doctrine and determine what, if any, exceptions and liabilities exist before taking any action. As I proceed with the investigation, I discover the company has no whistleblower policy. The employment-at-will doctrine is the legal doctrine that gives employers a broad discretion to fire employees...
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...ETHICS, AND GOVERANCE LEG 500 February 11, 2012 Explain whether Jake’s actions are in or out of “his scope of employment.” The relationship between the employer and employees determines the success of a business. The employee should show that he is loyal to his employer. His work ethic should show the integrity and honesty in fulfilling his duties. He should be bound to fulfill the obligations entrusted in him upon being hired. The employee should follow all rules and regulations that have been set forth by the employer. If the employer finds the employee in dereliction of his duties, he may penalize or fire him. On the other hand, the employer is to provide a safe work environment for his employees. He is to inform them of what is expected from them. In doing so, he needs to make sure that his instructions are clearly communicated to the employees. If he fails to communicate effectively, there is a possibility that the employees may make mistakes in their work. During the promotional, Herman has instructed Jake to change the oil. Jake being a certified mechanic, he is not only changing the oil, but he is also checking the brakes, tires, transmission etc. Herman doesn’t seem to thrill about this, he only want him to change the oil. But Jake argues that he is supposed to keep up his standards as a certified mechanic. With the promotion going on, he is right in performing his duties. Jake seems to be in violation of the limits of his employment by disobeying his...
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...Strayer University | Employment-At-Will Doctrine | LEG 500/Professor Armonda | | Alicia Hewitt | 4/16/2012 | | The Employment-At-Will Doctrine is a doctrine that defines an employer can fire an employee at any time, without cause, and the employee can terminate employment at anytime. If there is a contract, the contract must be honored until set date of termination, or employee fails to honor set contract (Halbert & Ingulli, 2012, p.46). Describe what steps you would take to address the following scenario involving skills, competence, and abilities: As a manager, or a supervisor of a company, certain criteria will have to be met before employment can take place. When an employee enters a work place, they are usually placed on probation. During the probation period, the conduct of the employee is monitored. If the employer is not satisfied with that employee’s performance, they can be terminated at any time if no contract was signed. Employees are usually hired base on the information found on their resume, and are expected to do the job when hired. There are times when additional training may be needed, in hope that the employee will improve and rise up to standards and perform the duties. As a manager, I could not rely on spoken word only. If the business is to strive, and be successful, the work of that employee need satisfactory, or better. Describe what steps you would take to address scenario involving management, behavior, and performance: ...
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...Whistleblowing LEG 500 Whistleblowing in a Publicly Traded Company Whistleblowing implies the imperative necessity to alert others (company) about immorality issues, including illegal activity, happening inside the organization. For the employee who decides to blow the whistle “usually brings to he/she undesirable consequences.” Some consequences are like threats, loss of employment, and social rejection. (Chiu,R. 2003) Whistleblower Traits Whistleblowers are characterized by strong ethic-moral values. They are perceived as an active person with enough courage to expose the wrongdoing occurring inside their company. They are “perceived as altruistically driven individuals who are steered by their attitudes.” The whistleblower is characterized by being an altruistically motivated person, perfectionist, professionally well educated, self-driven attitudes, conscious invariant behavior, and functional utilitarian. They are competent and professionals. Usually, the whistleblower act in good faith and they think they act for the best of the company. They have access to relevant information from the business that allows them to be aware of unlawful situations. Having this position in the business makes the easy to share information with the superiors or in another scenario to the authorities. A publicly traded company affected by whistleblowing is Rabanxy Inc. (NSE: Ranbaxy) Ranbaxy is an Indian Multinational pharmaceutical company that was producing generics drug...
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...Employment-At-Will Doctrine Falian Oliver LEG 500 The Employment-at-will doctrine states that an employee may depart from a company for any purpose and conversely, an employer may terminate an employee for any reason that they see fit. The premise is that there is no contract thus either party can part ways at will. However, there are some exceptions such as Title VII of the Civil Rights Act of 1964, The Americans with Disabilities Act, and the Whistleblower Protection Act. The Civil Right Act of 1964 provides protection to the employee and restricts an employer from terminating anyone on the basis of race, color, national, origin, age, disability, religion or sex. The American with Disabilities Act of 1990 prohibits employers from discriminating against individuals for hiring, firing, promoting, salary, job training, and other privileges of employment. This stands true for employers with 15 or more employees. The Whistleblower Protection Act protects employees from reprisal when the employee reports any wrong doings of the employer. The Act makes it illegal for an employer to reassign, demote or fire employees for reporting fraud, abuse or any unlawful practices. John posted a rant on his Facebook page in which he criticized the company’s most important customer. John can be legally terminated. In my opinion, John’s actions could have a negative impact on the company’s corporate culture. As the newly hired COO, I know that my...
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...Family Related Issues by Darryl Mitchell Professor Kenneth Pino Law, Ethics, and Corporate Governance – LEG 500 July 23, 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. Whether a parent had nothing to do with a biological child have nothing to do with the child being eligible for FMLA to care for that parent and it shouldn’t matter. Regardless of the relationship between a parent and child, the child would fall under the FMLA and would be able to care for the parent. Under FMLA, an employee can care for a parent if they have a serious health issue. Even though the video never stated what the issue is, since the father will be having surgery that would fall under a reasonable explanation for the employee to take the leave. A parent can be either a biological parent or someone who stood in place of a parent in raising a child. It never states anything about the type of relationship a parent needs to have with the child. Since he is actually the biological child he would fall under the FMLA and would be able to care for the parent. 2. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA. The size of the business can have an effect on whether Tony is eligible for family leave under the FMLA but not in the way Herman describes...
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...AT-WILL-EMPLOYMENT Written By: Karla McCleskey Submitted to : G. Alexander Weimer, Jr LEG 500 January, 23, 2011 1 In the United States employees without a written employment contract can be fired “for a good reason, a bad reason, or no reason at all”. This topic alone has been around since the nineteenth century, and has given employers unfettered power to dismiss their employees without being thereby guilty of a legal wrong. Many employees believe that great job performance will allow them to have job security, but the expectation that you could not get fired because of doing a “great job” has lost value and many of those “great” employees have found themselves laid off, and terminated without cause. Many ethical issues may arise when discussing employment at will, because if an employer fires an employer for no cause at all, critics will soon follow the employers behavior. There could also be many problems that come with employment-at-will, like the legal precedent, backlash of potential employees, and resentment from current employees. The book explains that the earliest adjustment to the right to work doctrine were made when workers fought for the right to organize and form labor unions. In 1935 the Supreme Court guaranteed these rights, and announced that employers could not intimidate their employees with the at-will-employment doctrine. Beginning in the 1960s, federal civil rights laws were created against those employers...
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...LaShawn A. Dunkins Professor Augustine Weekly LEG 500 – Law, Ethics, and Corporate Governance February 7, 2012 In order for a business to be successful an employer and employee should have an understanding relationship. The relationship between the two is of the utmost importance. The employee is supposed to follow the laws of the company or that the employer has made known once they have decided to accept a position with the company. The employee is bound by rules and regulations in their place of work and is liable for a penalty or punishment in case of violation of any kind. The employer is bound to tolerate certain conditions or the workplace and interact with the employees. The employer should be very clear as to what action he wants to be taken and how they should be performed. In a business there should be a bond between the managerial skills of the employer and the perfect knowledge of the employee to better maintain the business and prosperity. Both the employer and employee should perform their part of the duty in the best interest of the business and attract more customers. The Scope of Employment is the actions taken by the employee to further the business of the employee. These actions sometimes pose the question as to whether or not an employer is liable for any damage or harm that occurs during working hours of the business. Explain whether Jake’s actions are in or out of “his scope of employment”. According to the video and the reading of the...
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