I learned so many new concepts in this employment law class. So many of these concepts I can apply to my everyday work life. I learned there were different types of employment relationships (common law, statutory, and independent) which I didn’t know even exist. I learned the different types of discrimination and about illegal employees. I also learned that illegal citizens have rights to work in the US with the proper permit. I didn’t even know about e-verify or that employers check if your legal to work in the US. I learned a lot about OSHA and workplace safety. The three concepts that I feel are the most relevant to me are at will employment, workplace bullying /hostile work environment and confidentially. I learned a lot about these three topics and can relate them to my workplace and any future jobs I will have. I never knew everyone was at-will employment, unless otherwise stated. I thought if it was stated in your contract that you’re at-will then you are. I only signed one contract to work at a place and it stated it was at-will. It shocks me that America is the only country to have at -will employment. This allows employers to fire employees for any causes except an illegal one. An employer can change wages, terminate benefits, or reduce paid time off. Employers can change the terms of the employment with no notice and no consequences (Mejeur and Larson-Krieg, 2016). We have no job security at the jobs we have been working at for years. Employers can change the
3.4: Describe ways in which individuals and carers can be supported to overcome their fears.
The Supreme Court was requested to rule on the cotton dust standard using the OSHA’s mandate under section 3(8) whose objective was to protect workers from the exposure of hazardous materials. In the Department of Industrial Union, the Benzene decision decided by a divided court invalidated the OSHA 's benzene standard. According to the judges, OSHA had to base its findings on substantial evidence rather than mere assumptions. These records should show that occupational exposure to the regulated substance presents significant health risk (Schulte, et al., 2014).
In addition, the “At-Will-Employment Law” gives the employer the capacity to unfairly change the terms of the employment relationship with no notice and no consequences.
An “at will” employee is an employee who agreed to a contract in which they can be fired at any time, for almost any reason. The law generally presumes that employees are employed at will unless they can prove otherwise.
The employment At-Will doctrine is in place to allow employment relationships to be restricted. It allows employers and employees to terminate a relationship at any time without cause. The doctrine will allow employees to quit without any fear of being held liable for any inconvenience or disruption to the business at the time of quitting. This doctrine also allows employers to make any changes towards an employee’s term of employment (N, 2017). However, some exceptions could prevent an employee to make those changes if the employee is covered in that particular area. Doyle A
Workplace safety is a major issue faced by nurses in healthcare settings. It is said that, hospitals are hazardous workplaces; unsafe workplaces are dangerous for the patients too. Today, many nurses are suffering hospital violence, heavy workloads causing serious injuries, contracting diseases caused by exposures to certain diseases, antineoplastics, and certain health care toxins, that workers bring home to their families. This in turn leads to acute staff shortages. Ample supply of nurses is very important in providing safe and timely care to the patient population. Maintaining a healthy workplace will enable the healthcare systems to control costs associated with healthcare management as well as enhancing the productivity of nurses in health care. It is estimated that creating a healthy environment in the workplace not only benefit nurses, but also benefits patients and other members of the health care team. This report explains some of the safety issues existing in health care, which directly or indirectly affects nurses as well as the health of the Canadian population.
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.
At-will means that an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without incurring legal liability.
The Occupational Safety and Health Act (OSHA), often referred to as the "OSH Act," was enacted in 1970 by President Richard M. Nixon. Its purpose is to assure safe and healthful working conditions for men and women (EPA, 2006). The Act is administered and enforced at the national level by the Occupational Safety and Health Administration, a division of the US Department of Labor. The application of the OSH Act in the current employment climate will be discussed as it applies to a variety of industries; considerations that are most applicable to the specific type of industry will be discussed initially, and those that are equally important regardless of the type of business will complete the section. Finally, this paper will discuss how the
Task 4: State the importance of working as part of a team and give examples of how you could maintain a positive working environment.
Employment at will is a law that is present in all fifty states in the US; although, in Montana there requires a stated cause for termination. Employment at will creates dissent among employees when they have been terminated for a cause that is thought to be unsubstantial or when no cause is given. There are pros and cons to the presumption, and employees and employers have different views. Employment at will means that the employer can terminate an employee at any time, for any cause without warning. However, even an at-will employee cannot be terminated because of discriminatory reasons. Employment at will also means that an employee can leave a job at any time without the fear of facing any legal consequences. An employer can also
Employment at will is essentially a rule that strips employees and employers from their rights to due process when it comes to workplace termination. Under this principle employers may let any person go for any reason at any time during their employment with or without just cause. Your stature at the company, time worked, personal conduct; none of those things have to be taken into consideration if you are let go. This means that if an employee does not agree with their grounds for termination, they have no legal right to fight it in a court of law. Employment at will also allows employees to quit their job at any time, again regardless of having just reasoning or not. The only case where an employment at will principle would not apply is if an employee, when hired, signed a document that stipulates other specific terms and conditions regarding grounds for termination/quitting. An important thing to make note of is just as if an employee had signed a contract, they are made aware before being brought on full time, that they are an “at will” employee. These soon to be employees are voluntarily signing that they abide by what is defined in the employment at will principle.
Employment-at-will has been an established segment of common law in the United States, which states that either party to
Retaliation is when the federal and/or state laws prohibit employers from firing employees in retaliation for engaging in legally proper, necessary, or desirable activities. A list of protected activities include argue of minimum wage or overtime pay, participating in union activities, refusing to do or agree with any discriminatory practices, claiming work compensation, and whistle-blowing. Whistle-blowing, the majority of the states offer whistleblower safety for the public employees. Unfortunately employment protection for employees from the private sector employees is very limited (NCSL, 2013).
BTEC Apprenticeship Assessment Workbook Level 2 Health & Social Care 1. HEALTH AND SAFETY 2 This sequence of activities will allow you to demonstrate your knowledge of health and safety policies and procedures in your workplace. As a health and social care worker, it is important that you are competent in assessing risks and hazards and implementing good practice on health and safety. KNOWLEDGE AND UNDERSTANDING These activities assess your knowledge of health and safety.