Legal Action Against Your Employer

I was impressed with the oral argument of Vance V. Ball State University case. When I first listened to the oral argument I gained a clear understanding as to why petitioner Vance reason where for filing a lawsuit. Equal Employment Opportunity Commission (EEOC) enforcement under Title VII of the Civil Rights Act of 1964; make it unconstitutional for employers to discriminate against employees on the basis of race, color, religion, national origin, or sex (EEOC, n.d., para. 1). Due to the power that businesses needed to fire workers spontaneously, government and federal laws have been set up to guarantee that purposes behind end are defended and that separation does not assume a part in one's capacity to keep up their occupation (Szypszak,

At this point, Employee B has 180 days to file a claim with the Equal Employment Opportunity Commission (EEOC). The EEOC may ask Employee B to settle through mediation and in the event that mediation cannot settle the claim, it is then the responsibility of the EEOC to investigate any claims made by employees, report findings and settle any charges. In some cases, the EEOC will file lawsuits to protect individual rights.

Marcus Ashmore and Terrell Lee Green were maintenance workers for J.P. Thayer Co., Inc. under supervisor Gene Fye. After a particular incident of harassment on January 16, 2001, Plaintiffs reported Fye to Tricia Johnson, the Assistant Property Manager. At this time, Johnson did nothing about the complaint. The harassment continued, and on January 26, Plaintiffs complained to the Property Manager, Mary Frances de Rivera. In response, de Rivera verbally reprimanded Fye. This, however, did not stop Fye’s harassment. Instead of reporting the behavior to Defendant, Plaintiffs hired an attorney who wrote a letter to Defendant saying that Ashmore and Green were going to file charges of discrimination with the EEOC. On February 22, Fye was fired by Defendant. This came three days after getting the letter and about a month after the initial harassment complaints.

The company offered inconsistent versions of why Mr. Gill was terminated and who did the termination. They were indifferent to Mr. Gill’s concerns and did nothing to address those employees engaging in blatant racial harassment even after other black employees complained and, most damaging, the company retaliated against Mr. Gill when he complained by terminating his

The law clearly states the Supreme Court has held that binding arbitration is equally applicable to both parties. The law also states that “An employee’s agreement to arbitrate is clear when the employee signs an application form or agreement requiring arbitration, receives something of value from the employer, and is given a copy of the relevant arbitration rules.” CITATION Bag10 \p 92 \l 1033 (Bagley & Savage, 2010, p. 92)There is of course the possibility of recourse for the terminated employee, Mr. Compton, in a lawsuit filed by the EEOC (Equal Employment Opportunity Commission0. The law states that “The EEOC may file a claim in court on its own behalf against an employer, even if the employee involved had entered into an enforceable

In a wrongful termination case, the terminated employee must prove more than having been treated unfairly, s/he must be able to prove one or more of his/her legal rights were violated” (Wrongful Termination Website, 2011). Employees in many states are at a disadvantage, possessing few rights, because of the employment at will rule, meaning employers can fire employees at any time and for no reason at all, just like employees can quit any time and for any reason. This makes the definition of wrongful termination extremely narrow.

As EEOC as an organization, has the authority to investigate charges of discrimination against the previously described employers who are covered by the law. The role the EEOC plays is to fairly and accurately evaluate the accusations made by the employee and come to a conclusion. If it is confirmed that discrimination has occurred, their job is to settle the charge in the appropriate manner. If there is not sufficient evidence then it is their responsibility to file a lawsuit to protect the rights of the employee filing the complaint and protect the interests of the public. Lawsuits are not always

Employers will raise any grievances when necessary in a professional manner and employees are encouraged to raise grievances without fear at all times. Employees and the employer follow the grievance policy at all times.

In cases where the EEOC determines that there is reasonable cause supporting the employee’s complaint, the EEOC must attempt to eliminate the unlawful employment practice through the conciliation process. When the conciliation process is unsuccessful, the EEOC may file a civil lawsuit against the employer. On the other hand, if the EEOC determines that there is no cause to support the employee’s complaint, then the EEOC issues a notice of right to file suit. When the EEOC issues a notice of right to file suit

The charging employee has the right to pursue their grievance in civil litigation, but only after finishing the whole administrative procedure through the Equal Employment Opportunity Commission office. The processes of the civil litigation lawsuit are familiar to the prior claim processes that the charging employee experienced with the Equal Employment Opportunity Commission. Nonetheless, there are a few steps that are different. With civil litigation, counseling of the charging employee is not needed. The employer or the defendant will be given a copy of the complaint as well as the summons of the lawsuit pending. These documents are distributed to the employer by a representative from the Sheriff's division. A ruling can be delivered a judge if the company neglects to send a reply to the complaint and summons. The progression moves forward with "discovery "when the company or defendant responds. The "discovery" stage is when both parties have to reveal documents or facts pertaining to the grievance (www.uscourts.gov, 2005).

A similar case where an employee claimed unlawful termination in comparable circumstances is Megivern v Glacier Hills Incorporated. In this case the employee, Megivern, alleged that her employer, Glacier Hills Inc. unlawfully terminated her due to her pregnancy. The judgement was ultimately given to Glacier Hills Inc and the termination was sustained. Glacier Hills was able to show the reasoning surrounding Megivern’s termination by providing her performance records. Megivern was a less than desirable employee and the timing of her termination was not due to pregnancy (Megivern v. Glacier Hills

This can honestly be looked at either way. Some people can think this is still relevant and some will thinks its not. I think it can definitely still be used today, in any job. Times have changed, they have and many things are done differently, but firing someone will forever be the same. People get fired for many reasons, ultimately coming down to dissatisfaction of the work being done. Regardless, people are going to get fired no matter what decade we are in. There should be some knowledge on how to do it smoothly. Generally I think people getting fire are normally the ones with the short end of the stick. The book although, has provided is things to make you aware that you are going to be fired. The book shows you how to brace yourself if

There is widespread labor abuse in Guatemala. According to the International Trade Union Confederation, Guatemala has become the most dangerous country in the world for trade unionists, in fact, since 2007 seventy three union leaders have been killed (“Countries at risk”). Although the Dominican Republic-Central America-United States Free Trade Agreement (CAFTA-DR) has introduced labor rights protection provisions, much still needs to be done to protect human rights (Gottwald and Goldhammer 1). According to the Observatory of Economic Complexity (“Guatemala Country Profile”), Guatemala’s top export destination is the U.S, hence it would seem that the ethical approach lies in U.S. consumers (agents) buying power and U.S. government’s (agents)

A "paper fortress" is documentation about employees that an employer keeps. This includes job descriptions, employee manuals, and employee personnel files. It is used as protection against employee lawsuits. It is important in preventing employee lawsuits because the work rules, job requirements, expectations, and policies are clearly outlined in employee personnel manuals. This helps for clear defense against employee lawsuits. Regular performance reviews also help keep a record of how well or poorly the employee is doing at a company. This is also a useful defense because it can show a record of poor work performance. A written warning can also help prevent employee lawsuits because it is proof that a warning was given by the employer. This

Employers and employees should always seek to resolve disciplinary and grievance issues in the workplace. Where this is not possible employers and employees should consider using an independent third party to help resolve the problem. This person maybe from within the organisation, or use an external mediator should that be deemed more appropriate (ACAS Code of Practice1, Apr 2009)