Advisory Memo: Employment Issues

This paper has gone over the lawsuit that was filed by the EEOC. It also went over who the EEOC is and what their role is in the lawsuit. It also went over how the EEOC’s press release and the Minneapolis/ St. Paul Business Journal articles different. I have learned that

One of the things everyone looks forward to is having security. However, the job market has not been strong enough to give job security. Since the Market crashed in 2008, there has been an increase in “at will” employees. At will employment means that the company or the firm has the right to terminate your employment at any given time for any reason with or without a legit cause. At will also give employees the flexibility to quit their job as they wish without giving any notice or reason. In “Employment at Will and Due Process” by Patricia A. Wethane and Tara J. Radin expresses their views on “At Will” employment. Radin and Werhane mention several views on ethical treatment of employees, in principle and in practice, against at will employment. In this article they believe it violates certain rights that employees have, it violates the principle of fairness, and there are certain legal objections.

“We have completed this assignment on our own and have not discussed it with any other individual or used any other unauthorized aids. We acknowledge compliance with the academic requirements (e.g. citation of sources) of the University of Toronto.”

1. DePeters, Co. is sued for sex discrimination on the grounds that too few women are hired because fewer women than men achieve passing scores on a required manual dexterity and physical strength test. DePeters, Co. offers in its defense that even though fewer women score high enough on the test, a greater percentage of the passing women are hired. The company maintains that, as a result, the percentage of women in the workforce mirrors the percentage of available women in the labor pool. A group of women who took the test and failed file suit. Explain the basis for the cause of action, and analyze the merits of the cause of action, employer defenses, and likely outcome. Support your response with applicable

On the contrary, employment at will is defended by Richard Epstein in his article “In Defense of the Contract at Will”. He is trying to show that the contract at will “is adopted not because it allows the employer to exploit the employee, but rather because over a very broad range of circumstances it works to the mutual benefit of both parties.” Then I will summarize the benefits of EAW that Epstein provides.

What are employment laws and why are they so important to American workers? Employment laws have been created throughout the years to provide employees in the United States with job protections. Such protections range from how much employees must be paid to their ability to retain medical insurance after suffering a job loss. Some of the labor laws I believe have significance to workers today are the Fair Labor Standards Act (FLSA), the Worker Adjustment and Retraining Act (WARN), the Consolidated Omnibus Budget Reconciliation Act (COBRA) and the Family Medical Leave Act (FMLA). Although most workers are aware of the basic fundamentals of these labor laws, many are not aware of the comprehensive detail surrounding such laws and what prompted their start. Therefore, this paper will review these labor laws in more detail. In addition, a perspective from both proponents and opponents for each of these employment laws will be discussed.

– Identify and analyse the reasons why it is important to determine an individual’s employment status

b. This contract is between employer and employee to state (state by state law) the terms of employment, as I read in my lecture notes from Chapter 9. Massachusetts is an employee-at-will state.

How often can a business leader have a FREE conversation with a lawyer or Human Resources consultant? There are dramatic employment law changes that have been issued by the DOL, NLRB, EEOC, OSHA and the courts to date. These new rules and compliance requirements may affect a business’ liability and overall profitability. Hear from a team of Legal and HR professionals for a free yet valuable educational seminar on Hot Topics in Employment Law.

I’d like to speak to a union representative about a situation that has happened at my job. To briefly describe what’s going:

Lillard, Monique C., Fifty Jurisdictions in Search of a Standard: The Covenant of Good Faith and Fair Dealing in the Employment Context, 57 Mo. L. Rev. (1992)

The ‘objective’ of labour law, in our common understanding of the subject, is grounded in securing ‘justice’ for employees (or workers) in their formal working lives. The assumption that there is an imbalance of power in regards to the relationship between employers and their employee has been established over a significant period of time. With companies acquiring large amounts of funds and expanding themselves on a global scale, those who hold managerial positions are becoming more and more inclined to use their new found ‘power’ in a way which houses the potential to exploit the employees who are seen to have less of an influence (in comparison with large profit maximising enterprises). It is for this reason that regulation of the employment relationship between these two parties ought to be properly regulated, as a means to ensure that companies do not take advantage of their employees, a position which has been emphasised by law scholar Sir Otto Kahn-Freund, who has articulated that “the main object of labour law has always been, and I venture to say will always be, to be a countervailing

O 'Toole, J., & Lawler, E. E. (2006). The New American Workplace. New York: Palgrave

Probation and other sanctions in response to under-performance have been shown to be effective in correcting specific behaviors or performance problems

Employment At-Will is a term used in U.S. labor law granting the employer the right to terminate any employee for any reason and without providing any warning. In the United States, employees without a written employment contract generally can be fired for good cause, bad cause, or no cause at all; judicial exceptions to the rule seek to prevent wrongful terminations (Muhl, 2001, p.1). When employees acknowledge At-Will employment during hiring they lose claim for loss of dismissal. The employer also has the right at any time to change the terms of employment at any time with little or no repercussions. The At-Will presumption can be modified by the employer via a contract with the employee. This process normally happens when specific work is required for a specific duration. All states honor some form of At-Will employment with a varying number of exceptions. Even so Employment At-Will remains a controversial subject in the study of law