Reaction Paper – Legal Issues in Employment Windy G. Nunnery University of Central Oklahoma Working in human resources, I am exposed daily to situations and questions that involve the legal issues related to employment. Although I have some familiarity with employment law, legal issues in employment is an area that changes daily. The Legal Issues in Employment class has provided me with insight and exposure to areas of employment law that I had minimal understanding. The first, most profound legal issue I have learned from this class is the information presented on social media, and the use of computers, cameras, and spyware in the workplace. Being in HR, I have been exposed …show more content…
Employers should focus on the prospective employee’s skills, education, and general ability to do the job, and not involve personal life issues. I also learned it is illegal to give prospective employees personality/behavioral tests. The outcome can be skewed, and it is discriminatory to not hire someone because a test states their personality isn’t favorable. The class also provided me with knowledge of the legal issues when terminating an employee. I learned Oklahoma is an “at will” state and any employer can fire any employee any time for no reason. The employee can terminate employment anytime, for any reason as well. However, to keep the employer from being liable for payment of unemployment and possible legal ramifications, it is highly recommended that the employer document the behavioral issues an employee is having. An employer must prove to the courts that they have tried to counsel and rehabilitate an employee to make them successful, before they terminate. I also learned that all employees must be treated equal, and should have the same expectations and behavioral modification methods. Another topic learned in class was the American’s with Disabilities Act, and the impact decisions made by employers can have on the employee and the company. I learned that if an employee comes forward stating they have a disability, and provide documented proof, an
This involves knowing about the laws relating to you and your employers responsibilities and rights in the work place.
Disability is an impairment is a life changing condition that limits one’s physical or mental abilities. Disabilities comes in many forms such as blindness, hearing, speech disorder, loss of vision. and memory. As well as, chronic illness such as diabetes, HIV, obesity. Under Title I of the Americans with Disabilities Act of 1990 (“ADA”) employers, cannot discriminate against qualified individuals with disabilities when hiring, firing, job promotion, distribution of benefits and privileges. In addition, by law, employers must make reasonable effort to modify work equipment and job settings for people with disabilities. Such as job schedules, employee training and communication devices; without causing an undue hardship, significant difficulty
NewCorp is potentially liable for breaching Pat's employee contract based on the termination terms established in the contract. NewCorp needed to put in the contract that hiring Pat was based on a three month probationary period. Pat also signed a document that stated that the employer has the right to terminate the employee at any time with respect to discharge; however, Pat believed that the document did not pertain to him because of the clause in the employee handbook he was provided since the employer failed to notify him of any deficiency in his duties and place him in corrective action plan. Pat also believes that he was being discriminated against because he was vocal over an issue during a recent school board meeting.
Walsh, D. J. (2013). Employment Law For Human Resource Practice (4th ed.). Mason, OH: South-Western Cengage Learning
Mary-Kathryn Zachary, JD, (2012) wrote this article because she become conscious of the unjust behavior that some employers impose upon employees, as it relates to the employment at will law. The article
Bennett-Alexander, D. & Hartman, L. (2015), Employment law for business (8th ed.), New York: McGraw-Hill Education
The Employee will not work for any athletic department under the University of Wisconsin system for 3 years after the last date of employment with the University of Wisconsin-Whitewater Warhawk athletic department.
Jennifer is a recent college graduate who has been hired by an accounting firm. In the short time she has been employed with the firm she has discovered a number of behaviors she feels could be inappropriate regarding the employment-at-will doctrine as well as some liabilities with the employer. She has brought this up only because she feels obligated to report the behaviors’ in which she has witnessed and wants to ensure she won’t be held liable for not informing the management team (LEG 500 - Law, Ethics, and Corporate Governance, 2012). Jennifer identified four
Litigation over workplace practices is on the rise, and business owners need to stay on top of the laws. Keeping employees safe is paramount, as is protecting the bottom line by ensuring staff and management are well-trained on employment law issues. The employment attorneys Dallas TX at Simon | Paschal PLLC are knowledgeable about employment law issues from an employer's perspective and frequently assist clients in providing instruction to employees on the law. Well-trained management is less likely to get the company in hot water, and more importantly, leads to happy and productive employees.
First of all, I have learned a lot of employment law after reading this website. It is a great
What are the implications for HR department in managing the employer-employee relationship in the contest of the law or
Some personal questions are in order and essential to find the perfect candidate. For instance, questions regarding one’s personality, work style, and ability to handle certain situations are allowed. Allowing for these personal questions to be part of the interview process is necessary for an interviewer to find out as much information as possible. In this regard, the employer must plan the hiring process and issue guidelines to the interviewers. All this would be in the efforts to strike a balance between discrimination laws and finding the employee to fit within the
Employment law is primarily focused on ensuring protection to those in the work place, with the law providing workers with an exhaustive list of rights. Such rights are allocated on the basis of one’s employment status, therefore determining the ‘status is centrally important to the administration and implementation of employment law’. Employment rights are primarily afforded to ‘employees’ and ‘workers’. However, an ongoing complex question is who fits into these protected categories, highlighting that the dividing line has become increasingly blurred and the law uncertain in. This essay will demonstrate that the ambiguity surrounding the current law contributes to its ineffectiveness, by exploring both the lack of statutory definitions and
Made precedent by Payne vs Webster & Atlantic R.R Co., 81 Tenn. 507, 519-20 (1884). The Employment at will doctrine negates the responsibility of any employer for terminating an employee at any time, with or without just cause. The employment at will doctrine, does not only grant rights to an employer. The employee in return is also legally just, and "allowed to leave a position or job at any time, without reason void of any legal consequences. (Halbert & Ingulli, 2012) The law states that unless an employee and their employer have a contract specifying a term that the contract can be terminated for any reason. Additionally, an employer is allowed to increase or decrease wages and also can change their rules and policies which govern their workplace.
The Employment law regulates the relationship between the employer and employee so they can engage in fair and ethical employment practices. It is especially important for employers to know and refer to employment law in the context of employment. This is because the courts are more likely to protect employees from unfair treatments as they generally believe employees are in weaker bargaining position than their employer.