...EMPLOYEES RIGHTS AND RESPONSIBILITIES Employees Rights and Responsibilities Abstract This study examined five articles on how the relationship between and employer and employee can be effected as a consequence from the of lack awareness that the employers and employees have statutory and contractual rights, as well as responsibilities. Every employment relationship is governed by an employment contract. Many employees believe that if a written contract or agreement was never signed, an employment contract does not exist. Research shows that an employment contract can take the form of a verbal understanding or a well written document between the employer and the employee. All employment contracts basically cover the same essential elements in either case. The questions that poses and interest will be concluded in my research on the topic does employers and employees understand the essentials of an employment contract. Apparently an employment contract is probably one of the most important legal relationships that an individual will be obligated to fulfill. Therefore, it is important that employees have a clear understanding as to what the terms of that relationship are so that each party is properly protected. Employees Rights and Responsibilities In recent years an increasing amount of attention has been paid to laws pertaining to protecting employee’s rights. The strongest protection in the area of employee’s rights and responsibilities begins with...
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...Employer's Duty of Care and Issues of Compensation August 9, 2010 Law, Ethics, and Corporate Governance LEG-500 Abstract For the purposes of this assignment we independently viewed a video entitled “Employer's Duty of Care and Issues of Compensation.” In the video, the car dealership is running a special promotion offering free oil changes in order to get existing customers back into the showroom. An employee notices a backlog of customers waiting in line for their oil changes and notifies the owner of the dealership, Herman. Herman calls his newly promoted service manage, Jake, to explain the backlog. Jake emerges from the service bay holding his bloody thumb in a rag. He explains as certified auto mechanic, he is doing a thorough job on each car en though he is working overtime without overtime pay. The manager tells him to do a quick, “lousy” job of the oil changes just to get them done. He doesn't care about Jake's mechanics standards. Jake retaliates by complaining he's hurt his thumb due to his long hours and threatens a worker’s compensation claim if he isn't compensated fairly for his work. The video give rise to a number of ethical questions. The purpose of this paper is to address these questions as detailed in the assignment using readings on employee and consumer privacy law, as well as business ethics and corporate policy. Answers to Assignment #3 Questions The questions (in bold type face) follow as detailed in our assignment. 1. Explain...
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...Family Related Issues By Jerry Sutherland Instructor JAMIE DAVIS SMITH LEG-500 1/30/11 Explain if it matters that a parent literally had nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent? It does not matter if the parent had any thing to do with the child growing up or not, that person is still the parent. “The Family and Medical Leave Act (FMLA) were signed into law in 1993 as a means of addressing the changing needs of workers' family responsibilities. Under the law, anyone who works in a company that employs 50 or more people can take up to 12 weeks of medical leave per year without threat of losing his or her job. FMLA covers both pregnancy and ADOPTION, as well as caring for a seriously ill relative. It also covers the individual employee's own serious illnesses.” (enotes, 2011). “Simply stated, FMLA guarantees employees that they can take up to 12 weeks of either family leave (to handle adoption proceedings, for example) or medical leave (to take care of a recuperating parent) per year. Anyone who has worked for an employer for at least 1,250 hours and 12 months is entitled to leave under FMLA. Employees can take both family and medical leave during the year, but the total amount of time cannot exceed 12 weeks. If an employee requesting leave under FMLA has accrued sick time and vacation time, the employer can require that this time be included in...
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...Memorandum concerning alleged religious discrimination Religious discrimination is similar to all discrimination and yet completely different. Discrimination is broadly defined by giving preferential treatment or undue hardship on another person due to their religion, physical impairment, race, marital status, ethnic back ground or a number of other reasons. Religious discrimination is more difficult to access by appearance than say physical impairment. A person in a wheel chair or with a foreign accent is easy to distinguish as in a protected class. Religious beliefs are the individual’s beliefs and it is only the individual that knows this belief. This fact puts more burden of evidence on the plaintiff. This is a choice that the individual is allowed to change at any given moment. We must allow these choices to be made and accommodate but we must be made aware of the conflict. Religious discrimination is the lowest of all EEOC claims but this number has doubled in recent years (EEOC compliance Manual, 2008). It is obvious by the rapid increase in claims that a potential for unseen lawsuits may be developing within our organization without our deliberate attempt or without our knowledge. During World War II, the United States confined thousands of US citizens of Japanese descent. Currently, the climate in our country is one of discontent with those of Muslim backgrounds or appearing of Arab descent. This fear by outsiders of those cultures stems...
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...group (i.e., has not recognized a union). Under this legal doctrine, any hiring is presumed to be “at will”; that is the employer is free to discharge individuals for good cause or bad cause or no cause at all. The employee is also equally free to quit, strike or otherwise cease work. “The right of an employee to quit the services of the employer, for whatever reason, is the same right of the employer, for whatever reason, to dispense with the services of such employee” (Halbert/Ingulli, 2012). Since 1959, several common law and statutory exceptions to at-will employment have been created. Common law protects an employee from retaliation if the employee disobeys an employer on the grounds that the employer ordered him or her to do something illegal or immoral. However, in the majority of cases, the burden of proof remains upon the discharged employee. “The earliest adjustments to the doctrine of employment at will were made as workers fought for the right to organize and form unions” (Halbert/Ingulli 2012). In other words, it came to pass that employees could not be fired for organizing themselves into unions. “Beginning in the 1960s, federal civil rights laws created remedies against employers who fire workers because of their race, national origin, color, religion, sex, age, or disability. In the 1970s and 1980s, federal and state...
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...risen to their highest level since 1999. What continues to be of most concern is that almost two out of three employees who don’t show up for work aren’t physically ill. For most companies, the responsibility for managing absenteeism has fallen primarily on immediate supervisors. These supervisors are often the only people who are aware that a certain employee is absent. They are in the best position to understand the circumstances surrounding an individual’s absence and to notice a problem at an early stage. Therefore, their active involvement in the company’s absence procedures is pivotal to the overall effectiveness and future success of an absence policy or program. Sadly, however, most supervisors have not received any guidance or training in managing absenteeism. They have been left on their own to carry out the often unpopular task of identifying, confronting and resolving absence abuse. To ensure that supervisors are comfortable and competent in their role of managing absenteeism, they need to have the full support of senior management. All parties must be aware of the aim of absence policies and procedures. Should there be discrepancies between departments; a policy can lose its effectiveness. To provide more consistency, supervisors should be trained in their responsibilities about...
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...notice prior to departure--typically 60 to 90 days. Employment contracts also help protect critical trade secrets, and are especially critical in high-tech companies. An employment contract can prohibit employees from revealing company secrets, working for the competition or soliciting customers. Non-compete agreements can be difficult to hold up in court, so you must be careful in drafting them.. Employment contracts are also useful when you're buying or selling a business to make sure key people don't leave. You can offer employees a retention bonus for staying or let them know they'll be forfeiting a valuable severance package if they leave. Contracts also clarify individual jobs by spelling out employees' responsibilities, compensation, bonuses, stock options, rights to any inventions and patents, expense accounts and more. You can include an "evergreen" clause stating that the contract automatically renews on a given day each year if neither side provides notice of termination. And an arbitration clause can ensure that any employment-related dispute will be subject to binding...
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...relationship may be terminated by the employer or employee at any time and for any or no reason. This paper will discuss the liability of an employer based on actions and responses to the employee's behavior and actions in term of employee evaluation and performance, labor, policies and laws governing the relationship between an employee and his/ her employer. Introduction Jennifer, A recent graduate, has recently been hired by the accounting firm out of college. Upon being hired, she engages in a number of different behaviors that need the management attention. Employee Evaluation The employee doesn’t perform up to the standard. Most performance problems can be resolved through effective communication between supervisors and their employees. A counseling session is an opportunity to clarify expectations and discuss performance problems. This step will provide advice on preparing for and conducting counseling sessions. In Employee’s work poor performance status, the manager should choose to performance manage employees, rather than applying disciplinary proceedings at the start. Managing poor performance • Meet with employee and clearly state the problem • Identify root cause of the problem and consider mitigating factors • Give specific examples and seek employee's agreement for improvement • Confirm what is expected and agree specific actions. Confirm in writing • Agree a timescale for the improvement to be achieved • Arrange training...
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...Topic Eight: Direct Deposit and Payroll Cards Course Manual for Payroll Practice and Management Online Series 2010 All rights reserved Author: Vicki M. Lambert, CPP Vicki M. Lambert, LLC Introduction Direct deposit is an application of the system known as Electronic Funds Transfer (EFT). This is a system by which commercial payments are made electronically instead of using paper instruments such as checks or drafts. Direct deposit of an employee's wages is extremely popular among employers and employees alike. Employer save money by eliminating the cost of printing checks and replacing lost checks, and the employee also saves time and money by not having to stand in line to make a bank deposit. In addition, many banks give free checking if the paycheck is direct deposited. More and more employers are establishing direct deposit programs under which the net check is deposited directly into an employee's personal checking or savings ac- count. Some employer programs involve direct deposit only to employee accounts at the financial institution where the employer maintains its payroll account. This is known as an "Intra Bank" option. However, an increasing number of direct deposit programs make use of a nationwide network of automated clearing houses (ACHs) that enables the employer to make payroll deposits into accounts maintained by employees at almost any financial institution in the country. Advantages of Direct Deposit Benefits for the employer include: Cost Savings:...
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...Pros and Cons of an Employment Contract Abstract An employment contract or contract of employment is an agreement between an employer and an employee which sets out their employment rights, responsibilities and duties. These are called the terms of the contract. The employment contract does not have to be in writing. However, the employee is entitled to a written statement of the main employment terms within two months of starting work. (Heathfield) The employment contract is made as soon as the employee accepts the job offer. When the employee starts work it will show that they accepted the job on the terms offered by the employer, even if the employee does not know what they are. Having a written contract could cut out disputes with the employer at a later date, and will help the employee understand their employment rights. Introduction A written employment contract is a document that the employer and employees sign setting forth the terms of the relationship. The employer does not have to enter into a written contract with every employee you hire. In fact, written employment contracts are generally the exception, rather than the rule. In some situations, however, it makes good sense to ask an employee to sign a contract. (Heathfield) The concept of an employment contract seems simple enough: “You work for me and I pay you for that work.” But there are some very important contractual nuances to the relationship between employers and employees which all human resources...
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...organizations to protect its reputation while providing its employees with the proper tools to manage their own personal and business manners with regards to social media. The intent of this report is to demonstrate the challenges to implementing new policies in the workplace with regards to social media. Policies Policies are principles, rules, regulations, guidelines, and/or laws that are adopted by organizations to assist them in reaching their long-term goals. They are designed to influence and determine all major decisions and actions that are expected in the workplace. They state what is to be done, who is to do it, how it is to be done and for whom it is to be done. Company policies are important because they define the company’s responsibilities and duties, to both its staff and its clients. These policies are also in place to define the company’s expectations and standards. Many policies are used to illustrate the company’s compliance with certain laws and regulations. Most companies have polices and procedures already in place, they mainly choose only necessary policies that ensure a safe, organized and nondiscriminatory work place. Well-written workplace policies: * Are consistent with the values of the organization and employment legislation * Demonstrate that the organization is being operated in an efficient and businesslike manner * Ensure uniformity and consistency in decision-making and operational procedures * Add strength to the position of staff...
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...Appellant 601739 2072 5th Ave. Suite 43 New York, NY 10292 TABLE OF CONTENTS TABLE OF CONTENTS ……………………………………………………………….....i TABLE OF AUTHORITIES ……………………………………………………………..ii QUESTION PRESENTED ……………………………………………………………….1 STATEMENT OF THE CASE …………………………………………………………...2 SUMMARY OF THE ARGUMENT …………………………………………………….6 ARGUMENT ……………………………………………………………………………..8 I. A government employee is entitled to constitutional protection under the First Amendment when the speech in question addresses matters of public concern and does not adversely affect the employer’s operations and functions …………………8 A. A government employee’s speech must contain matters of public concern in order to be protected under the First Amendment ……………………………9 B. If an employee’s speech addresses matters of public concern, the employee must show that the speech did not cause a disruption to the functionality of the workplace ……………………………………………………………………11 CONCLUSION…………………………………………………………………………..15 CERTIFICATE OF SERVICE ………………………………………………………….15 CERTIFICATE OF COMPLIANCE ……………………………………………………16 TABLE OF AUTHORITIES United States Supreme Court Case: Connick v. Myers, 461 U.S. 138 (1982) ………………………………8, 9, 10, 11, 12, 14 Pickering v. Board of Ed., 391 U.S. 563 (1968) …………………………...8, 9, 11, 13, 14 United States Court of Appeals Cases: Jeffries v. Harleston, 52 F.3d 9 (2nd Cir. 1995)...
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...partnership shares the responsibilities for managing the business. Advantages to organizing as a partner include: each partner has the right to share in the profits of the business and each partner has a right to share in the value of the firm’s assets. Disadvantages of organizing a partnership include: each partner has unlimited liability for all legal obligations and debts of the business and partners have joint and several liability. A person who represents another is an agent. The manager would act as the Agent within this agreement. The party that the agent represents is the principal, which are the business owners. Agencies can be created by agreement ratification, necessity, or operation of law. The agent has certain duties to the principal and the principal has duties to the agent. In most situations the principal will be liable for the contracts arranged by agent and the behavior of the agent while conducting the principals business. In our business we would be concerned with the manager placing orders with our purveyors and the way he/she represents themselves with the customers and our business partners. The main difference between principal and agent and of employer-employee relationships is an employer's power to control the activities of a non-agent employee. Whereas an agency agreement brings about a relationship between a principal and a third party that results in a contract, an employee who is not also an agent has no such rights or powers. An employee acts...
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...qualification. Although it is not outlined that a parent must have a certain level of involvement in the child’s life there have been cases where employees have been awarded accommodation per FMLA for grandparents or other family members depending on the level of commitment in the raising of the child. For example grandparents and aunts that assumed the responsibility of primary caregiver have been awarded the approval. “The leave requirement is ‘in order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition (Halbert, & Ingulli. 2010)”. 2. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA. Size of the business does have an impact on employee eligibility under the FMLA companies with less than 50 employees are not subject to the job protection under the Family Medical Leave act. Although this may not be fair to the employees it is a safeguard to the employers. Although FMLA is unpaid leave the company could suffer tremendously attempting to protect the employee’s job for up to twelve weeks. OSHA explains the company size requirement by saying “FMLA applies to any employer in the private sector who engages in commerce, or in any industry or activity affecting commerce, and who has 50 or more employees each...
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...Organization (2015), the employment relationship is defined as the legal link between employers and employees. This exists when a person performs work or services under certain terms and conditions in return for remuneration. Employee Relations are influenced by a number of internal and external factors, all of which affect the strategic balance between labour and management. It is important that we are aware of the key factors influencing employee relations in order to strike a proper balance within the working environment. Internal factors According to the Oxford Dictionary (2015), a trade union is defined as an organized association of workers in a trade, group of trades, or profession, formed to protect and further their rights and interests such as pay and working conditions. Trade unions and union organising, significantly affects employee relations. Once a union is established, employees do not bargain on their own behalf. Instead, union representatives bargain for them. Unions can be a source of employee empowerment, as union employees may feel as though they share a common goal. Additionally, unions provide arbitration of labour disputes and grievance procedures. The Organisation’s Culture is also an internal factor; this is a system of shared assumptions, values and beliefs, which governs how people behave in organisations. The culture of an organisation often dictates to how employees are treated. For instance, an organisations culture that emphasizes...
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