...2006 for allegedly violating the anti-nepotism company policy. The union contest that the company has no right to enforce against the bargaining unit when polices are ill-defined and in consistently applied. Facts: 1. 1995 Employment of relatives rule in included in General Operational Manual – Not all employee have access to it. Use of word “antinepotism” term used in this manual. 2. In 1998 employee hand book is published using “antinepotism” language. 3. 01/05/1999 Keith W. Walton applies for employment and declares that he had no relatives working in the company. He did not know of his uncle being hired at that time. 4. 04/30/1999 Keith W. Walton is hired as a helper 5. 2003 Employment of Relatives policy is inserted in employee handbook. 6. 10/2006 Confused supervisor tells employee not to worry after learning that he had a relative at work after he asked whether he was related by blood or marriage. 7. 11/02/2006 Termination of Keith Walton 8. Company has a well established and consistently enforced with past precedent examples of their “employment of relatives” policy which prohibits the hiring of relatives since 1995 9. Language of such a rule, use the word “may” (be discharged) as opposed to “shall” be discharged. Is in the handbook. Company’s Position. 1. Union is trying to obtain through arbitration what they fail to obtain during negotiations the repealing or change in interpretation of the policy relating to the employment of relatives. 2. Company argues...
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...Champion Jogbra HRM 510: Business Employment Law Dr. Moore June 12, 2011 Employers that do not follow their disciplinary policies, and related procedures, may get sued for breach of contract or wrongful discharge. Courts have ruled that disciplinary policies can be contracts, even when employers include at-will statements in them, if the policies contain provisions promising that the employer will follow specific disciplinary procedures. So, in Dillon v. Champion Jogbra, Inc., the Vermont Supreme Court found the disclaimer printed in an employee manual was in conflict with the employer's elaborate discipline and discharge system, which the employer said would be carried out in a fair and consistent manner. The Court ruled that the employer was sending mixed messages to employees about their status. Accordingly, it allowed a terminated employee to pursue her breach of implied contract claim since the employer had apparently adhered to these procedures in almost all other cases. Thus, your disciplinary policy should include "at-will" language stating that the policy is only a guideline, that management reserves the right to exercise its discretion in implementing it, and that you retain the right to discharge employees immediately. This case highlights the care that employers should take with the design of employee handbooks. Even where a handbook contains a prominent disclaimer stating that it does not establish any contract rights, an employer must be careful with all of...
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...Company X Employee Handbook Thongsee K. Robbins (WGU Student #) Western Governors University Table of Contents Part A: Standard and Procedures…………………..…………………………………………………………Page 2 Purpose of this Handbook………………………………………………………………………...…. Page 2 Change of Policy…………………………………………………………………………………………. Page 2 Employment Forms……………………………………………………………………………………..Page 2 Dress Code Policy……………………………………………………………………………………….. Page 2 Part B: Training…………………………………………………………………………………………………….. Page 3 Frequency of trainings…………………………………………………………………………….…. Page 3 Specific content included in training program……………………………………………... Page 3 Duration of training program……………………………………………………….………….…. Page 3 Who will conduct/facilitate trainings? .................................................................................Page 3 How training(s) will be present to employees………………………………………….…...Page 3 Part C: Monitoring, Auditing & Reporting………………………………………………………………..Page 4 Monitoring employee misconduct……………………………………………………………….Page 4 Auditing employee misconduct……………………………………………………………………Page 4 Reporting employee misconduct…………………………………………………………………Page 4 Part D: Evaluate & Review the program after implementation………………………………….Page 5 Develop a plan……………………………………………………………………………………………..Page 5 Review and evaluate the effectiveness of ethics program………………………………Page 5 Suggestions to improve the ethics program after implementation……………...….Page...
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...work MGT 434 Week 5 Team Assignment Employee Handbook Assignment you can find the review on following aspects: Employee Handbook Legal Consideration Addressing Performance Issues Ethical Considerations Access to Personnel Files Protection of Practice and Patient Information Identification Visitors/Meetings Monitoring: - Mail/E-Mail - Telephone/Voicemail - Internet Employment Practices Pre-Employment Physical and Drug Screen Pre-Employment Background Checks Conclusion References Business - Management Learning Team Assignment: Employee Handbook Assignment Prepare a 1,500-to 2,050-word document in which you create a representation of actual sections ( privacy, employee testing, ethics and performance evaluation s) of an employee handbook (private sector). Note. The handbook must be original student content and work. In addition to describing the company to which the employee handbook applies, also address the issues of privacy, employee testing, ethics and performance evaluation s in the global workplace. This assignment must include , but is not limited to, the following questions in drafting your handbook sections: What privacy rights issues must be addressed? What must the company’s position be in response to privacy rights issues? How do your privacy protections limit the company’s liability? How do your privacy protections enhance employee motivation and productivity? ...
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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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...issue would be the no-relative rule, which the company is arguing, to be a long-standing policy, and has been enforced consistently in the past with the less-senior employee being terminated in each case. The anti-nepotism policy in the company predates World War II, and has been in writing since 1977. It was officially incorporated in the manual in 1995, and has been a part of the employees’ handbook since 1998. Paragraph 4 of the collective bargaining agreement gives the company the power to exercise full control and discipline over its employees without any restriction to enforce no-relative policy. The issue to be considered is If this long-standing no-relative rule by the company was properly enforced as well as what consistency exists between the company’s no-relative rule and Anti-nepotism Policy, and does Paragraph 4 violates the employee’s right to provide justification for the alleged offence. 2. The second issue to be considered is that whether the Union is attempting to change the Anti-nepotism; the union has brought issues the company Is alleging were previously rejected by them during the 2003 bargaining period, and thus, according to Co. Brief, p.14, the Union cannot attempt to obtain through arbitration what it has failed to do through negotiations. Union Position The Union makes several arguments in defense of Mr. Walton. First, the Union argues that the employee manual is not made readily available to employees. The Union testifies that, employees had...
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...I Jennifer, a recent graduate was hired to work at my accounting firm. Before Jennifer was hired, she was required to take an aptitude, knowledge and skill test. An aptitude test can measure an employee's ability to reason, think logically, visualize in three dimensions and understand the principles of machinery. An aptitude test helps the employer determine which employees will have the aptitude to learn the specifics of a job. A knowledge test can measure the level of skills the employee has for a particular position in a company. Skill testing is used to determine a candidate's mechanical or assembly abilities (eHow 1999). Jennifer scored high on all tests. Because Jennifer scored high on all test, it was believed, Jennifer was a great candidate for the job. The Company has a guideline that states “appropriate measures for correcting performance problems are coaching, outlining specific steps for improvement and probations. Termination for performance issues occurs only after the employee has been given opportunity and the support necessary for improvement”. After a few weeks on the job, Jennifer had problems being able to perform her job efficiently and effectively. Jennifer was offered computer training classes to help her improve her skills. Jennifer had weekly coaching sessions with her supervisor concerning her performance issues. The coaching sessions were documented in Jennifer’s file to show where she had been coached on her performance. Jennifer refused to take...
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...to correct problems and reinforce successes to correct the deficiency in their employee handbook. Setting performance standards. Setting performance standards will be the backbone of Dalman and Lei’s control process. Dalman and Lei need to understand that if they do not take the time to create will defined standards then there newly born business will never be able to mature. Employees who do not have standards or “rules to live by” tend to lack the motivation to continually do the right thing and may cut corners on procedures and or bend policy. This can become toxic to an organization. On the contrary, according to Bateman & Snell (2013) “employees tend to be motivated by specific, measurable performance standards that are challenging and aim for improvement over past performance” (p.328). Employees who are given well defined standards will perform better than those who do not have well defined standards. Dalman and Lei owe a well-defined playbook to their team, especially their managers. I recommend Dalman and Lei take the time to research current issues that are not defined currently defined in their handbook with their managers and employees. Including employees in this process will help create buy in at all levels. Additionally I recommend they enlist the help of a human resource and legal expert who may have more experience in creating policy and what should be included in the handbook and what is legal. This entire process should be outlined in a plan of action...
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...Employee Handbook ABC Ltd. by BRIGHT CONTRACTS www.brightcontracts.ie Professional software that lets you create tailored employment contracts and sta handbooks. Handbooks do not replace contracts of employment and should be used in conjunction with a contract! WWW.BRIGHTCONTRACTS.IE - SAMPLE DOCUMENT Contents 1 Introduction 1.1 Welcome 1.2 Purpose of this Handbook 1.3 Company Background and Mission Statement 1.4 Employment Records 1.5 Data Protection 2 Company Policies and Procedures 2.1 Disciplinary Procedures 2.1.1 Purpose of Policy 2.1.2 Scope 2.1.3 Policy 2.1.4 O ences 2.1.4.1 Misconduct 2.1.4.2 Gross Misconduct 2.1.5 Procedures 2.1.5.1 Informal Counselling 2.1.5.2 Formal Disciplinary Procedure 2.1.5.2.1 The Investigation Procedure 2.1.5.2.2 The Disciplinary Procedure 2.1.6 Appeals 2.2 Grievance/Dispute Procedures 2.3 Bullying and Harassment Policy and Procedure 2.3.1 Harassment, Sexual Harassment and Bullying 2.3.1.1 Harassment 2.3.1.2 Sexual Harassment 2.3.1.3 Bullying 2.3.1.4 Lack of Respect 2.3.2 Procedures 2.3.2.1 Informal Procedure 2.3.2.2 Formal Procedure www.brightcontracts.ie · Handbook · Page 2 of 28 WWW.BRIGHTCONTRACTS.IE - SAMPLE DOCUMENT 2.3.2.3 Investigation 2.3.2.4 Outcome 2.4 Health and Safety Policy 2.4.1 Principles applying to Health and Safety 2.4.2 Accident Reporting 2.4.3 Fire 2.4.4 First Aid 2.4.5 Personal Protective Equipment 2.4.6 Smoke-free Workplace 2.5 Equality Policy 2.5.1 Introduction ...
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...Analysis of the Baderman Island Resort Memorandum To: All employees From: Unknown Date: May 21, 2012 Re: Explanation of the Implementation of New Employee Handbook --------------------------------------------------------------------------------------------------------------------- Please take the time and read this important memo in detail, it is complied with pertinent information explaining the reasons why a new employee handbook will be issued for future use. As the Baderman Island Resort continues to grow in popularity and lure old and new travelers to the island, the Boardman Management Group understands the necessity of having a well-developed employee handbook will be beneficial tool for current employees as well the future employees that will be desired as a result of the expansion of the resort. Also, The Boardman Management Group would like every employee to understand the organization’s specific goals, cultural values, and significance of each member of the organization providing the finest customer service to our guests. Below is an explanation of several different aspects of the mission and vision statement that the company requests the staff is familiar with as well as a description of what the main focus areas that will be covered in the employee handbook. To begin with, the company would like each employee to be aware that we will be changing our organization to follow a more strict compliance-based cultural system. The achievement and success that the...
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...allowed employers to terminate an employee for any reason or no reason at all, every situation between employees and employers is not so cut and dry that this may take place automatically. The following scenarios discuss situations where exceptions may apply and steps before termination may need to be taken. Skills, Competence, and Abilities In a situation where the employee is unable to learn basic job functions, it is easy to understand how termination would be the very first course of action. The most basic understanding of the Employment-At-Will Doctrine would allow for the employee to be terminated without any other preventative or disciplinary steps being taken. There are, however, a couple of widely accepted exceptions to the Employment-At-Will Doctrine that may prevent termination of this particular employee from being as imminent and automatic as it may seem. One such exception is the “Implied Contract” exception which enforces any implied oral or written statements made by the employer regarding job security. One major case to bring up this exception was Toussaint v. Blue Cross Blue Shield of Michigan when an employee was told that his employment would continue “as long as [he] did [his] job.” The court ruled that this caused the employee to have legitimate expectations of job security and that his claim for wrongful discharge was a valid one. This exception may be applied to this particular scenario, because if the employee is being trained on the job functions...
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...terminated by either the employer or the employee at any given time for any reason. In essence, an employer can discharge an employee for any reason which can be good, bad, or no reason at all. At the same time, the employee is equally free to cease work at any time without giving a reason to the employer. This doctrine of Employment-At-Will has been well established in the American legal system since the 19th Century, but nowadays employers find it confusing and with potential liability. This paper will provide different scenarios where employees’ behaviors trigger the Employment-At-Will ruling and how the newly hire Chief Operating Officer (COO) should address these scenarios following the company policies and the law to limit the company’s liability, as well as, the Whistleblower Policy. Scenarios Scenario 1 John posted a rant on his Facebook page in which he criticized the company’s most important customer. In my opinion, the COO has grounds to fire John because there are several clauses in the employee handbook that talk about the limitations on sharing information of the company and its customers on social media such as Facebook. Specially, if John has placed the name of the company in his profile. John can be terminated immediately due to his critics against the company’s most important customer because this could lead the company to lose the client. As mention by: Nick Smith & Robert Wollan with Catherine Zhou (Pag. 275), “Every employee is a potential touch point to the...
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...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 Resource reserves its right to change and modify its policies from time to time. If you have any questions regarding our policies, please...
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...areas that will be examined in detail are Policies and Procedures, the Employee Handbook and Kudler’s Human Resources Information System. Kudler Human Resources Policies and Procedures Equal to the value that Kudler Fine Foods places on customer satisfaction is that of employee satisfaction. A review of the Policies and Procedures of Kudler Fine Foods provides ample evidence that employees at all levels of the Kudler organization are valued. The simple fact that all employees in each store share in the opportunity for increased compensation based on individual store performance alone shows that the Kudler approach to making happy customers is to serve with dedicated and motivated employees. Below are the areas of interest in the Kudler Human Resource Policies and Procedures documentation. All information is from the Kudler Fine Foods – Policies & Procedures documentation (Apollo Group, Inc., 2006 c). • Recruitment o Entry level positions are generally hired from outside of the existing employee pool. o Methods of Recruitment: In store and existing employees, employee referrals, use of temporary agencies, online using Monster.com, newspaper and industry targeted advertisements and contact with food service programs at local colleges and universities. • Selection o Internal and External: As outlined above, entry level positions are hired from outside of the current employee pool. o For supervisory and...
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...dismiss employees for illegal reasons. Illegal reasons outlined in the state of Mississippi are gender, race, retaliation, employment discrimination, or unsafe work conditions. The high courts in Mississippi ruled that a company must follow procedures it created when terminating employees and those procedures must be outlined in the employee handbook, so the employee is aware of the company’s procedures. Employees employed for an indefinite time cannot be fired at will in the state of Mississippi. Employers are expected to comply with federal laws and not be discriminatory against employees when terminating as this could lead to wrongful termination lawsuit even in at will states. Whistleblowers are protected to prevent wrongful termination when bringing attention to inappropriate conduct and behavior in companies. Mississippi’s Supreme Court created a public policy exception to protect whistleblowers. Companies are not able to terminate whistleblowers for speaking up. Employers and employees both have responsibilities in the workplace. Employers are responsible for the safe workplace environment, benefits, and salary, and the employee is responsible for performing the job duty that they were hired to perform. The Equal Employment Opportunity Commissioner was established to help to protect employees that report violations of certain statutes. The employment-at-will...
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