The Limitations And Restrictions Of An Employer

The workplace is a delicate environment filled with different personalities types. These differing needs of feeling safe and comfortable create many challenges in the workplace. The creation of the Human Resource Department has helped create a safety net for all employees to fall under and create a stable environment for employees to feel safe and secure. Regulations such as Equal Employment Opportunity Commission and the Department of Labor have in some ways removed the common sense and compassion in the workplace and replaced it with litigation. The effect of these regulations have balanced the workplace and created a more

The employee should set out the grievance in writing explaining the nature of the grievance and send a copy to either:

Employment Law helps to govern the relationships between the employee and the employer with relations to guidelines.

However, the ruling in this case and others like it prove that employers can, in fact, be bound by articles written in an employee handbook when disciplining or discharging an employee. An abysmally written handbook can greatly jeopardize an employer’s right to terminate at will. Trends show that courts are increasingly acknowledging enforceable promises in the past employment practices of firms, in employer handbooks and in oral commitments. In addition to including an at-will disclaimer in employee handbooks, employers should also require employees to sign an acknowledgment confirming that they understand and agree to employment-at-will and that at-will employment can at any time be modified by a written agreement. Personnel manuals should explicitly state that the employer reserves the right to terminate employment at will. All written policies should also be free of any language that could be considered as a guarantee of job security. To be sure that these common pitfalls are avoided employers must retain the service of a labor attorney to draft and air-tight employee manual and acknowledgment

The HR Department wears many hats and is most cases responsible for many areas: budget controlling, conflict resolution, training, employee satisfaction, cost saving measures, strategic planning, and of course the big one…the hiring of the “right “individuals. The hiring process needs to be an organized and well thought out set of procedures from identifying who will be needed to the hiring and training of that individual. There are many steps, some of which have legal ramifications, so the procedures need to be followed and reviewed to ensure that the procedures are not only capturing the best candidates but the procedures comply with all of the laws.

In 1980, a precedent was set in a Michigan court case involving a man named Charles Toussaint who was suing his employer, BlueCross Blue Shield, for wrongful termination based on the guidelines set in the employee manual (Alfred and Bertsche 33). The manual stated that employees would only be terminated for just cause, and the court decided that Blue Cross had violated the agreements in the employee manual (34). The court also ruled that even with Blue Cross’s efforts to provide a document that “issued non-binding guidelines” the employee manual was a contract and Toussiant was wrongfully terminated (34). After the precedent set by this case many employers and employees for that matter were reviewing their employee manuals for the type of

Many grievances can be resolved without the involvement of third parties by correcting a misunderstanding between the employee and management, or with a simple negotiation between the employee and management. However, the grievance may involve a more difficult issue, or one or more of the parties involved may refuse to settle with a just a simple negotiation between the employee and management. Therefore the grievance form should be filled out in detail. “Grievances are usually written out at the first or second step” (Holley et al, 2008, p.420). The important part of the report is to have the complainant’s name. It should also include when the incident occurred, the chief complaint, and the resolution sought by the employee.

In this memo I will be providing employment law compliance plan for Marylee Luther, a human resources director who is preparing Clapton Commercial Construction for an expansion. Clapton Commercial Construction is currently located in Michigan with 650 employees and looking to expand to Arizona with an employee growth of 20% in the new location. This memo will provide a complete description about the employment laws and how they are applicable to Clapton Commercial Construction expansion. I will also briefly discuss the possible penalties and consequences for non-compliance with these laws. There are five laws in particular that I believe to be most applicable to Clapton Commercial Construction which I will be address in this memo. The five laws are:

As employees, we have rights and responsibilities, during our employment, during some point of our employment, an issue or concern may arise where we feel we have been treated unfairly. In the first instance , we should try to resolve the issue internally, by approaching the Manager, Human Resources etc., if this fails there are external organisations we can

The aim of this early conciliation is to encourage as many cases as possible to settle ‘compromising’ the claim through a settlement agreement (previously called a ‘compromise agreement’) an agreement achieved through Acas conciliation (a ‘COT3’). Appendix 3 is an early conciliation Flow Chart (ACAS)

This is a problem that could occur between the employee and employer, it is a complaint that they could have against each other for something that either of them has done wrong.

On 24th October 2012, the employee Mrs Smith reported a grievance against Mr Hamilton on the grounds of age discrimination. The act of discrimination was reported to be on the 10th October 2012. Mrs Smith reported this grievance verbally to Mrs Tool (manager) on the 10th October 2012. However Mrs Smith felt the outcome of the verbal report had not resolved the matter and therefore reported the grievance formally in writing on the 24th October 2012. Mrs Smith wanted her grievance to be discussed formally and resolved. The grievance report was received and dealt with by

The American employment laws are designed to foster human dignity and in the process provide employees with various tangible benefits. It is therefore expected for employees to be on the forefront in supporting and adhering to them. Likewise if an organization applies effectively these laws, it can benefit massively from dynamic, healthy, motivated, and productive employees. It therefore goes without saying that managers, just like employees, should promote these laws and thus ensures the organization conforms to them. Generally these laws govern the workplace actions of employers and employees. It ensures a fruitful and legally conducive environment and relationship exists between these two parties, and within employees

Employment or labor laws have been developed to facilitate smooth relationship between employers and employees. Employment laws provide rules and regulations that should govern both the employer and the employees in their places of work. Employment laws discuss issues related to child labor, wages and salaries, retirement, working conditions, compensations, incentives and employment benefits among others. The major objective is to ensure the employer does not exploit the employee and on the other hand, the employee honors the terms and conditions of the job as presented by the employer.

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)