...intra-workplace dealings, but also in dealings between businesses. The laws are very clear as to the discrimination of employees within a company. Title VII of the Civil Rights Act of 1964 prohibits discrimination in the workplace based on race, color, religion, sex, or national origin. The types of business practices associated with this law prohibit any of the above mentioned discrimination in regards to, including but not limited to, hiring and firing, compensation, assignment, or classification of employees, transfer, promotion, layoff, or recall. The scenario presented gives a clear example of sex discrimination. However, the discrimination is not by an employer, but rather a client of a company. Whether or not Advent Advertising decides to follow through with the discrimination by the client, Balboa Jones of White Mountain Brewers, is the key in deciding if any law would be broken in regards to Mr. Jones’s request to have Ms. Flanders taken off of the account. This is a very disturbing and perplexing request as the White Mountain Brewers account represents twenty five percent of Advent Advertising’s total annual revenue. To give a clear and concise recommendation, more scenarios and “what ifs” must be presented to gain a broad scope of the legal scenario at hand. Specifically, examination of questions regarding, does Advent Advertising have an employee handbook, and if they do, what is the content? Additionally, it is assumed that Advent Advertising has a contract...
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...mean layoffs for three out of five employees. Of the five, two will be absorbed into the company. The metrics for the layoffs are based on new job definitions, skill sets, accountability, past performance, and productivity. Potential Conflict Identifications As a senior manager in human resources (HR) reporting to the vice president of HR, and given one-week to decide which employees to let go. For the company’s protection, a meeting with legal counsel before any employment discharge decisions can be made is a policy of FastServe Inc. Out of this meeting, three employees, Sarah Boyd, Jenny Mills and Brian Carter were given notice. A chart listing the possible legal concerns based on the firing of these employees is available. One employee under contract, Brian Carter with an average performance track record, and who developed the ‘3D mannequins’ was one of the first to be let go. His colleagues and supervisor described Brian’s skills in writing codes as slow. His attitude toward his coworkers...
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...the following materials: (1) any letters that you got to apply for the job, (2) any letter you gotten that offered you the job, (3) any new employee adaptation materials or employee handbooks you got, (4) any contracts or agreements that you signed, (5) any union contracts or laws and regulations that assign to your employment, and (6) your personal file, which you can receive from a human resources representative at your employer. a) At-will Employment Most employers introduce their workplace rules and policies in an employee handbook. A common outline in those handbooks is a statement that employment with the employer is “at-will”. Generally speaking, at-will employment refers to an employment relationship under which an employer can terminate an employee’s employment at any time, for any reason (other than an illegal reason), and the employee can resign his or her employment at any time, for any reason. Employers generally include at-will employment converse in employee handbooks to analyze that, by setting forth the employer’s policies in writing in a handbook, no clear or hidden contractual claim arises to employment for any duration. These limitations also usually state that the at-will employment relationship can only be adjusted by a written contract of the employment, signed by a formal official of the employer, and the employee. b) Individual Employment Agreement If you signed an employment agreement with your employer that agreement may tell you when and...
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...place for organizations that employees must fully understand. There must be employee handbooks established and they must contain the organizations policies and procedures, which each employee should know and comprehend. The contents of the handbook should contain information about the rules, business regulations, and an explanation on how employees can address their concerns. There will also be information pertaining to the employees such as their pay, compensation for performance, benefits, and rewards. The handbook will provide the employee with information that is helpful and orients its employees, all the while keeping seasoned employees informed about the vision, mission, and history of the organization. Upper management will be responsible for making sure that organizations provide comprehensive system for updating its policies and procedures. There should be quarterly spot checks and updates to policies and procedures. The purpose will be to ensure that employees are fully aware of the policies and procedures, and leaders will make sure the policies are in fact working properly. When developing employment policies the organization must ensure its accuracy. The must be translucent and simple to decipher. If an organizations HR policies are well written it can serve as a tool that can assist the organization against lawsuits. If there are strict guidelines that pertains to issues concerning employee principles, rules, and guidelines it will be hard to bring a case against...
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...Brazier, Natasna Jiggets, and Susan Wallace November 30, 2014 HCS/430 Ann Nevers It is the policy of this organization to not base its hiring practices on any form of discrimination. Types of discrimination that is not tolerated include age, disability, equal pay, nationality, pregnancy, race, color, sex, veteran status, and religion. This organization also prohibits any act of retaliation and any form of harassment (“Laws & Guidance”, n.d.). Organization’s Position in Response to Non-discrimination Issues We do not tolerate any offensive behavior or intimidation of an employee based on the above types of discrimination. Any employee should avoid conducting themselves in a manner that could subject their fellow employees to any act of humiliation or embarrassment. Any employee who believes he/she is being subjected to any violation of this policy should immediately contact any trusted member of management. It is also appropriate for the employee to tell the person engaging in such conduct to stop if he/she feels comfortable doing so. Once this organization receives a report of discrimination or harassment, a thorough investigation will be conducted. Appropriate action will be taken. It is against this organization’s policy for any employee to retaliate against another employee if a report of discrimination or harassment has been made. All complaints will be taken seriously and all information and interviews will be handled as confidentially as possible and all information...
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...To: CEO From: Stephany Dotson Subject: Title VII Civil Rights Act of 1967, Constructive Discharge Claims Date: 08/19/2014 A former employee has filed a claim against our company under Title VII of the Civil Rights Act of 1964, constructive discharge. Constructive discharge in the eyes of the court is when an employer makes the working environment intolerable, the employee then quits because of the intolerable work environment (http://business.laws.com/sexual-harassment/civil-rights-act-of-1964). The former employee is claiming that because of the policy change in work schedules for the production members he was forced to quit because of discrimination to his religious practices that we are requiring him to work on their religious holy day. The former employee did indeed quit shortly after the policy change and he was not fired. Our response to this current situation, with this former employee, is we can offer the employee his position back with our company with the requested holy days off and floating days for his religious holidays. His requests do not put a strain on our company and should be granted based off the Title VII of the civil Rights Act of 1964. As shown below similar court cases have established what an employer must do in a religious discrimination case. As stated in Title VII of the Civil Rights Act of 1964 “Employers generally should not refuse to allow observance of a Sabbath or religious holiday, unless the employer can show that...
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...C&C Beauty Salon Employee Handbook C&C Beauty Salon Employee Handbook The C&C Beauty Salon (C&C) Employee Handbook is merely a tool to provide basic information about your position / career while you are employeed with the salon. The below contents are to be considered as only guidelines, and is not by any means to be considered a contract of employment with C&C. The organization reserves all rights to reconsider, interpret, change, revoke, or suspend any or all of the policies and/or benefits what are described in this handbook. C&C is a at-will employer and may terminate employment at any time, without reason, with or without prior notice. This handbook will replace and supersede any and all prior policies, practices and understandings. C&C will only have non-disclosure documents that are confidential agreements and that are signed during your employement. Equal Employment Opportunity Policy C&C is commited and please to offer equal employement opportunities to all that apply and to all current employees. C&C will comply to all applicable equal opportunity laws, affirmative action laws and any other laws that are applicable to equality opportunities to employees. All State, Federal, and Local governing laws will be strictly upheld and under no circumstances will the organization willing or knowing commit to such acts. All will have equal opportunity for employment, promotion on all levels, lateral...
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...VISION Welcome to NESCO Resource, one of the Top 100 Staffing Services companies in the USA. NESCO Resource is fully committed to the safety of every employee. We believe our employee’s are our greatest asset and we strive to provide the highest level of protection for them every day. Our goal is to work with business partners who share in our passion for safety and accident prevention, those who will provide safe working conditions, the safest equipment available and quality training for our employees. As a valued NESCO Resource employee, you have a personal responsibility to help carry out our safety vision. Our commitment to safety is unending and we will never waiver from our desire to protect the health and well being of every NESCO Resource employee. Thank you for joining our team, and I wish you the best of success as a representative of our company. Sincerely, Tim McPherson President and Chief Operating Officer NESCO Resource CONGRATULATIONS AND THANK YOU You have just joined one of the premier staffing services in the industry today. Without your commitment and hard work we could not enjoy the success we have today and we thank you for choosing NESCO Resource as your employer of choice. As with any employer, there are a few policies you must follow if you are to be a successful part of the NESCO Resource team. This handbook contains some of NESCO Resource’s policies and you should review them carefully prior to the start of your employment. Like other businesses, NESCO...
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...perspective as well as the employee’s perspective along with the regulatory and compliance requirements. The assessments will also reference some of the legal principles in this week’s reading materials that support our decisions. Legal Risk and Opportunity in Employment Encounter 1 NewCorp hired Pat as a manager of real property, which includes responsibilities for the activities related to maintaining leased office space in Vermont. Upon employment, he signed an understanding that the company observed employment “at will” in respect to discharge. He was also given an employee handbook that outlined the company’s process for dealing with unsatisfactory employees, which stated that an employee would be notified of unsatisfactory performance and placed on a corrective action plan. If the employee’s performance did not improve to a satisfactory level within the specified time frame, the employee could be terminated. After three months of employment with NewCorp, Pat’s boss explained to him things were not working out and that he would be discharged with 30 days of severance pay. Pat was never informed of any problems or unsatisfactory performance, but believes that because his opinion differed from other NewCorp employees at the school board meeting that this contributed to the decision to fire him. Even though Pat was aware of the...
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...developed as a part of a new employee handbook. This was written under the scenario that a new ethics officer for Company X has been charged with the task of creating said program. The program is expected to include standards and procedures section, an ethics training section, a section regarding employee misconduct and a plan for evaluating and improving the ethics program after implementation. Due to the increased scrutiny on the actions of corporations and those who act on behalf of organizations, there has been increased attention placed on the ethical actions within organizations. Many organizations have responded to this increased scrutiny by establishing formal ethics programs to address what are appropriate actions for those working for the company. Increasingly, more corporations are viewed not merely as profit-making entities but also as moral agents that are accountable for their conduct (Ferrell, Fraedrich, and Ferrell, 2009, p. 204). A GUIDE TO FORMAL ETHICS Welcome You have joined a company that has set a name for itself in the towing and recovery industry. Our commercial contracts have shown steady growth through the years. We are proud of our company and the work we do. We are confident you will come to share that pride in a job well done. Employment Overview Our goal is to be professional and do the best we can for our customers and the company. The purpose of this handbook is to provide guidelines so...
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...litigation in the workplace. Although conflict is by no means a new phenomenon, the elements of workplace conflict are becoming more convoluted as the years go by. Changes in employment laws mingled with how we live and the unpredictability of today’s economy have coalesced into convoluted answers to what used to be basic questions (Gilbert, n.d.). The result is a growing sense of unease among employees and an accompanying need to claim one's legal rights when conflicts arise. Misconceptions about employment laws, and employee rights often fuel this fire. Not to mention today’s society’s augmented recognition and approval of lawsuits as a probable and lucrative alternative to negative workplace situations (Gilbert, n.d.). It is therefore imperative now more than ever, that human resource managers (HRM) be well versed in what constitutes a claim and ensure that they are avoided. This memorandum will briefly describe the organizations that have established employee-related regulations, such as, the Department of Labor (DOL), the U.S. Equal Employment...
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...|DEPARTMENT: | | |DATE: | | |RECRUITMENT |Y/N | |All interview questions should be job related and consistent to all interviewees and it should be avoided with | | |any discriminatory, such as avoiding asked the interviewees’s marital status, family status, etc. | | |Check the recruitment advertising and avoid discrimination | | |3. Before the inauguration of the employee, the employer must be | | |detailed description of the terms of employment | | |4. Properly collect, hold, handle or use the interviewees 's resume and | | |personal information | | |Inform interviewees of such personal data will be used for what purpose or may be transferred to which one or | | |which department....
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...organization, which will become a strategic main concern for the business. Senior management will be the lead for the accomplishment of a highly profile staffing system and hold every employee responsible for the outcome. A staffing system is simply a well thought-out staffing strategy that outlines the procedures in recruiting, screening, interviewing, and hiring new staff members. The new system must be accurately designed and executed for the hiring process to go smoothly and ensuring the system will provide guidance for the employees to follow through with the phases from start to finish. The efficient of the staffing system will consist of five steps for the organization to be successful: • 1- Describing the ideal candidate • 2- Developing a list of qualified candidates • 3- Screening the applicants • 4- Interviewing the applicants and checking their references • 5- Deciding on the qualified applicant or candidate Federal Requirements in Developing Employment Policies The federal government has put in place requirements that an organization must follow to ensure that the employees fully understands. The organization must have an establish employee handbook made available that covers specific guidelines the employee needs to know reference the organization policies and procedures. The handbook...
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...How to Fire an Employee… Without Getting Burned February 14, 2013 Legal Editor: Mike Jacobson Twitter: @HRTerminator michael.jacobson@reedbusiness.com XpertHR • Practical guidance for HR professionals helping you: – Comply with complex and changing employment law across all jurisdictions – Reduce risk of fines from violations – Save time by finding trusted answers in one place Why is this important? • 2007 study by Jury Verdicts Research indicates that lawsuits by employees are up 400% in the past 20 years. • Recession. • Information Services. • As of 2009, there were, on average, 6.5 claims for every 1,000 employees, every year. Five most popular employment law search topics on findlaw.com: “losing a job,” “compensation” “discrimination and harassment” “wrongful termination” and “family & medical leave act.” “Ya fiyad.” “But, umm. Please don’t sue me?” Poll Question Have you ever fired an employee who later sued your company? • I’ve fired employees, but my company has never been sued. • I’ve fired employees and my company has been sued. • I’ve never fired an employee. Bet your bottom dollar… • $50,000-150,000 – cost range of defending an employer through trial. • $25,000 - 75,000 – cost range of defending an employer up to the summary judgment stage. – If an employee can prove the absolute minimum to bring a case against the employer, it may cost the employer ~$50,000 to have a CHANCE to win a frivolous case. – And if they lose the motion, that’s...
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...Pay & Benefits During Leave This document either (1) integrates California and Federal law into one answer for the California library or (2) covers Federal law only for the National library, which applies to all states. The active profiles listed above show which library applies. For the National version, the federal laws set the minimum requirements for employee rights and employer obligations. However, your company may be subject to additional rules, depending on state and local laws, court decisions, or agency regulations. And, whether your company is in California or another state, if the company provides more generous terms through an oral or written contract, a collective bargaining agreement, or company policy, the company must comply with those terms. RELATED INFO/FORMS: Note: This document applies to all employees, whether exempt, non-exempt, full-time, part-time, temporary, new, or regular.1 GENERAL RULE ON PAY AND BENEFITS DURING LEAVE Employers must give employees time off from work for a variety of reasons (such as for jury duty and workers' comp injuries). Besides these mandatory leaves, many employers provide other, optional leaves (such as vacation, sick, and holiday leave). See Memo 2800 Employer's Duty to Provide Leave & Time Off. Note: If employees are entitled to take leave, employers generally must reinstate employees returning from leave to their prior pay and benefits. See Memo 2807 Employee's Rights Upon Reinstatement from Leave. Generally,...
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