..."EE has taken himself/herself out of employment · Who is eligble for WSIB benefits? 5 different situations: 1) Wilful misconduct (NO PAY) 2) Arising in the course of employment 3) Disability claim - if work relates significantly to it, onus on worker 4) Occupational Diseases 5) Mental Stress & Chronic Pain - acute reaction to sudden and unexpected event at work · 6 BENEFITS - 1) Wages on Day 2) Healthcare costs 3) Loss of Earnings - 85% of net earnings, max 175% average industrial 4)Non economic losses (NEL) - loss of enjoyment of life, younger people compensated more 5) Loss of retirement income - if 12 months loss of earnings, 5% additional goes towards retirement 6) Death and survivor benefits - spouse or childeren compensated, lump sum and counseling based on workers earnings · OBLIGATION to re-instate is until 2 yrs after injury, worker is 65, or 1 year after EE is able to work · Schedule 1 ER (90%) classified on rating, good experience pay less, bad rating pay more. Financial insentive: refund or surcharge given to good ER's · Effective Claims management: investigate injuries, file form 7 within 7 days, document minor claims, respond to Board inquiries, accomodate up to undue hardship, don't contact physician, keep medical files confidential, determine if SIEF pays, keep notes, challenge only doubtful claims · Second Injury Enhancement Fund (SIEF) ___________________ · Ch 11 Navigating Employment relationship · Employee Policy Manual:...
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... 84 Cal. App. 4th 32 [100 Cal. Rptr. 2d 627](2000) Starzinski v. Capital Public Radio 88 Cal. App. 4th 33 [105 Cal. Rptr. 2d 525](2001) 2. Case Briefs Khajavi v. Feather River Anesthesia Medical Group Facts Plaintiff Nosrat Khajavi, who is an anesthesiologist, was terminated under an oral contract stating for a specified term. This was caused by a dispute over the plaintiff and a ophthalmologist on how the proceeding should be on the specific surgery that happened that happened in the operating room which lead to an bigger argument. The ophthalmologist’s brother was the head of the anesthesia group. Then Feather River Anesthesia Medical Group terminated Khajai’s employment. The court ruled that Feather River Anesthesia Medical Group has breached its oral employment and awarded him. Issues 1. Standard of Review - Khajavi first appeals from the trial court's ruling that granted Feather River a nonsuit as to his fourth cause of action. As noted earlier, Khajavi's fourth cause of action alleged that defendants wrongly terminated him in violation of section 2056 for advocating medically appropriate health care.[7] 2. Feather River’s Motion for Nonsuit as to the Fourth Cause of Action Rules 1. Standard of Review- "A defendant is entitled to a nonsuit if the trial court determines that, as a matter of law, the evidence presented by plaintiff is insufficient to permit a jury to find in his favor." (Nally v. Grace Community Church (1988) 47 Cal.3d 278...
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...McGurn v. Bell Microproducts Cause of Action: Silence as acceptance Material Facts: Donald Bell, President of Bell Microproducts extended and offer of employment to George McGurn, for position of Vice President for the eastern region. McGurn said that id her worked for Bell, he required a written contract that included a termination cause stipulating that he would receive six months salary and half of his commissions in the event he was fired. After several discussions with an official, Bell extended an offer of employment to McGurn, but the offer had no termination clause in it. During a conversation between the parties, McGurn said that he would consider a termination clause that was limited to the first 24 month of employment, and bell said that would be acceptable. Bell issued another contract but it did not agree with McGurns termination clause. When he signed the contract he crosses out 12 and put 24 and initialed it. Bell silently regarded the alteration and McGurn worked for over a year. Bell then fired him and refused to pay the severance. Procedural History: the district court granted summary judgment for McGurn and entered judgment for him in the amount of $120,000. Bell appealed Issue of Law: Does the silence as acceptance clause apply to the statements said by MacDonald? Holding: No Rationale: Silence in response to an offer does not constitute acceptance unless the person offering takes benefit of offered services with reasonable opportunity to...
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...RE:Our client Natalie Attired; denial of unemployment benefits for alleged misconduct Introduction Natalie Attired was terminated from her employment because she got a tattoo that was visible on her arm and refused to have it removed. Natalie never received an employee handbook on policies and procedure prior to her being hired. Claimm of Apodaca 108 N.M. 175, 769 P.2d 88,(N.M. 1989) I think our clients case will be in our favor, she was terminated due to misconduct however, her tattoo had nothing to do with going against regulations because she never had anything in writing outlining what policies and procedures . Facts Natalie Attired began working as a waitress at Biddy’s Tea House and Croissanterie in May 2009. In June 2010, Natalie spent $XX on a full-sleeve tattoo which covered her entire upper right arm from shoulder to elbow. The tattoo was partially covered by the waitress uniform, but the lower portion near the elbow could be seen when the short-sleeved uniform was worn.. Natalie refused to remove the tattoo. She worked at Biddy’s for the rest of the week and was given a termination notice on Friday.She was fired on the basis of misconduct and was denied unemployment compensation. There was no proof in decline in sales. Issue Did Ms. Attired actions constitute misconduct and denial of benefits under New Mexico Statutes Annotated § 51-1-7? Rules New Mexico Statutes Annotated, § 51-1-7 § 51-1-7. Disqualification for benefits An individual...
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...Re-Organization and Layoff: Decision Making SAMANTHA STINSON PHL/320 March 14, 2016 Jason Miller Re-Organization and Layoff: Decision Making Introduction When a company chooses to conduct a mass layoff, the employees are not the only ones affected, the ethical business environment and economy are also at threat. Handling a company’s finances can be very puzzling and companies that find it difficult to overcome this task, experience a downturn, weakening business, and when this occurs, the need to find solutions to relieve their financial issues become critical. The purpose of this paper is to provide a recommendation from the two solutions provided in Week 4, how this solution benefits the middle-income customer, business decisions involved in the process, and what resources a company would need to implement that decision. Employee Buyout When a company is enduring extreme financial hardships, they may be able to encourage their workers to resign or retire voluntarily. “A buyout typically includes an offer of severance pay for a particular length of time and the continuance of other fringe benefits.” (D. Sullivan, 2016). The employer is entitled to negotiate the terms so they are not only favorable to the company but the employee too. A positive side effect the company gains from offering buyouts instead of laying off or firing employees can minimize possible lawsuits and bad press. There are several laws and regulations that must be followed when pursuing the employee...
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...Memorandum TO: Mary Jane Greene and Allen Greene FROM: Cheryl McKenzie DATE: September 17, 2017 RE: 1. Breach of Confidentiality Agreement in Greene v. Lawson 2. In Defense of Wrongful Termination in Lawson v. Greene 3. Injunctions Against Jennifer Lawson, Howell Jewelry World and Triumph Jewels Introduction Greene’s Jewelry Wholesale, LLC (Greene) seeks remedy from previous employee, Jennifer Lawson (Lawson), regarding Lawson's breach of a confidentiality agreement between Lawson and Greene to not disclose trade secrets of Greene's primary asset, Ever-Gold. Lawson, a previous employee of Greene, was terminated after Greene downsized its company. Greene also denies Lawson was wrongfully terminated as she claims in her counter suit. Upon termination, Lawson improperly shared trade secrets from Greene and used them for personal benefit by providing direct competitor, Howell Jewelry World (Howell), with the information in exchange for employment. As...
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...the "at will" concept of employment with Greene. Employee handbook should be reviewed for further understanding of Greene's employment policy and expectations. Implied contract does not guarantee security and application of longevity, performance, and whether Lawson was terminated on good cause needs additional review. (McAdams, 2015) Notable considerations needs to be gathered as to employees involved in the downsizing and all documentation regarding Lawson's employment. The Pregnancy Discrimination Act (PDA) amended Title VII of the Civil Rights Act of 1964 and the Family And Medical Leave Act of 1993 will need to be addressed. The merit of the case will be based upon federal and state statutes, public policy, good faith and fair dealing, and implied contracts. (Jung, 2016) It is important to show that no discrimination was involved in the termination of Jennifer Lawson. In reference to her potential claim of being let go due to her needing time off for her pregnancy, refer to Carbonara v Bank of N.Y. Mellon Corp. 2014 NY Slip Op 51361(U) [defendant was able to provide prima facie evidence that plaintiff was terminated during implementation of firm's downsizing unrelated to pregnancy of plaintiff] and Forrest v. Jewish Guild for the Blind, 3 NY3d 313 [plaintiff cannot avoid summary judgment merely by pointing to an inference of causality based on a sequence in the timing of certain events]. (Carbonara, 2014) As for wrongful termination due to attendance, additional...
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...Dismissal Meeting Strategic Human Resource Management HRM500 Dr. Young Brittney Ross May 18,2014 Dismissal meetings are always difficult but most be done to benefit the company and the remaining employees. There are plenty of reasons that a company would have to layoff, it is my job to choose the employees that may not be the best fit for the company. How I view the dismissal procedure or layoffs involves making sure that the reason for dismissal is valid, I would create a written statement or documentation for the reason of dismissal, giving the employee appropriate notice of dismissal, and notifying important agencies if necessary (Kelin,2008). Dismissal usually occur for misconduct or poor performance previous steps would be required such as write up and verbal warnings, as well as the additional steps of investigation and providing and allowing proper documentation. It is important to follow policy and procedure to the T, to avoid potential injustice against the employee and to reduce the possibility of lawsuits in the future. Dismissals and layoffs is a difficult time for employees and the company. I would need to help mangers figure out ways to cope with negative emotions that accompany layoff could have. I would propose three ways that a manager can cope with any negative emotions that may accompany an employee layoff. That would be communicate, Demonstrate continuing long-term interest in the careers of the survivors and last but not least Proactively address the...
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...has to lay-off three employees, Brian Carter, Sarah Boyd and Jenny Mills. The lay-off has to be done within the scope of law. FastServ must have justifiable reasons to lay-off the three employees else it could result in employees filing complaints claiming Age discrimination, discrimination against pregnant women and Violation of ADA. Based on the three employees that are going to be laid-off, the following three statutory or case laws are relevant to the situation. The Americans with Disabilities Act 1990 The Age Discrimination in Employment Act 1967 The Pregnancy Discrimination Act 1978 Brian Carter is one of the employees that will be laid-off since his skills and expertise will be redundant with the plug being pulled on the website business. He is an average performer and has attendance issues due to a debilitating injury that is affecting his work. If Brian Carter’s lay-off is because of the change in business plans, then the termination has a proper cause. If FastServ is laying-off Brian because of his injury that is causing his attendance issues, it will be in Violation of Americans with Disabilities Act 1990. Sarah Boyd is 53 years of age and the oldest employee amongst the five employees on the list of lay-off. The reason to lay-off Sarah Boyd is the automation of the Dispatch department which has caused her skills to be redundant. The management is not able to find another position across the company where her skills could be put to use. If a proper severance...
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...EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT Chattahoochee Construction Company is committed to equality of opportunity in employment. All employees and job applicants shall be treated equally without regard to race, color, religion, sex, medical condition (cancer), disability, veteran status, age (over 40), national origin, ancestry, or marital status in all employment practices including advertising, recruiting, interviewing, hiring, training, promotion, transfer, compensation, benefits, discipline, layoff, terminations, recalls and company-sponsored recreational programs. No questions regarding race, color, religion, sex, national origin, medical condition (cancer), ancestry, age (over 40), or marital status can be asked during the course of any interview. Questions regarding medical condition or physical handicap can be asked only in regard to the individuals’ ability to perform the essential functions of the job. Harassment based on these factors, and sexual harassment, will not be tolerated. Company-sponsored training, education, tuition assistance, and social or recreational programs will be administered without discrimination. No segregated facilities will be maintained, nor will employees be permitted to perform services at any location under Chattahoochee’s Construction Company control where segregated facilities are maintained. Further, it is Chattahoochee Construction Company’s policy to comply in all respects with the Civil Rights Act of 1964, Executive...
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...Greene's, when she took secret information to multiple competing jewelers. The agreement was a valid bilateral contract which was expressed in writing. To qualify as a contract, a set of promises must be based on a voluntary agreement, which is made up of an offer and an acceptance of that offer. Any court will need to know the terms each party has agreed upon to determine if there was a breach of contract and calculate a remedy. In the case of RRK Holding Co. v. Sears, Roebuck and Co. (United States District Court, N.D. Illinois, Eastern Division 563 F.Supp.2nd 832 May 27, 2008), the jury’s calculated remedy cost Sears $25 million for misappropriation. By providing documentation of the NDA, signed by Ms. Lawson at the time of her initial employment, the plaintiff can display the defendant’s understanding and thus blatant and reckless disregard of her responsibility to not disclose any information pertaining to the patented process for producing “EverGold.” Also, by providing the court with her initiated and signed contract with the plaintiff’s competitor, Greene’s is able to prove that Ms. Lawson knowingly gave this information away for gain. A winning case showing contract violation is PC Connection, Inc. v. Stephen P. Price (US District Court, D. New Hampshire Case No. 15cv208PB. No. 2015 DNH 202 October 29, 2015). Moreover, this secret formula given to the competitor, Howell Jewelry World, was tweaked by the company and ultimately disfigured one of...
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...With merging of InterClean and EnvrioTech Merger, it must be understood that major change, and company restructuring is inevitable. As leaders in the company, and those persons with the vision of the company, we must make the transition “seamless” and painless for all employees in the company. We must first evaluate when rightsizing be appropriate for the company, along with the correct manner to implement this process. Furthermore, when determining this information, we must also look at the ethical and legal ramifications of this process. This paper will help bring all these factors into perspective for this new merger. Before we can adequately determine when rightsizing during this company merge is most appropriate, we must fully understand what rightsizing encompasses. According to Zeffane, and Rachid “Rightsizing is still one of the most pertinent corporate issues in the 1990s as organizations continue to operate in conditions of economic depression, cost constraints, intense competition, market deregulation and structural changes such as mergers and acquisitions.” (1994). The article further begins to explain that “organizational rightsizing should be a strategically planned endeavor to reshape the organization by expanding part of the organization into new markets, contracting others and consciously leaving intact parts of the organization to support the corporate process in the organizational transformation.” (1994). In reading this article, and others we can understand...
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...agreement. This is a statement stating that your client needs your assistance, and you are negotiating this agreement. 2. Duration: This contract shall be for a period of____________________________ from the below date. Contract must be signed by both parties and will remain in force unless terminated under conditions listed in Paragraph 3. If this contract should be terminated, for any reason, before the expiration date payment client agrees to pay bodyguard a fee calculated at a per day minimum of $400 daily, NOTE: Duration, #2, how long will this contract last, and the next paragraph (#3) stipulates how it can be cancelled 3. Termination: This contract may be terminated under the following conditions: (a) Agreement may be terminated by Client at any time; (b) Bodyguard is required to provide a 24 hour written termination notice....
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...Re-organization and Layoff Summary PHL/320 March 31, 2016 Timothy Woods Re-organization and Layoff Summary Being the manger or the supervisor in HR that is in charge of hiring and firing people can be really tough. When doing this job many try take personal emotions out of it, but for some the thought of ending another’s career, or the means of taking care of a family could be a tough pill to swallow. In reviewing this all team, A has come to many conclusions and slowly coming up with answers to the “hard questions” that must be solved… Summarizing the Issue The issue and the matter at hand is how to deal with downsizing from an organizations perception. A company or a business must deal with the difficult task of having to let go of certain employees but the question is, how? How do they implement a strategy about letting someone go when they have to be confronted with different reactions and different personalities? Being that all situations are different, there must be a variety of strategies that can be used in the downsizing process. What is the Problem? The underlying problem is not downsizing because after all a business will do whatever they feel is best for themselves. The underlying problem is what happens after the downsizing occurs. Our group acknowledged that downsizing can have a negative effect on employees and their morale. It can also have an effect on the employees depending on the organization’s methods of handling the situation. It is...
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...would not have been a problem, because of the waiting lists that they previously would have had, it currently is a problem because there is a lack of interest in even joining. In addition to this, the athletic department is having issues. These issues are impacting both the activity department and mixed activity department. The last macro issue is the human resources department and their lack of involvement in the hiring, training and termination of employees. Micro Communication seems to be the biggest issue that the organization is facing. There is a lack of communication between managers and staff. The staff is not happy and seem to be discouraged because of the actions of Mr. Johnson. In addition, even though the members have been complaining and some have left the club, there has still not been much action taken against Johnson. The relationship between Mr. Ellis and Mr. Johnson is too personal to use in a professional setting. Many members of the organization are afraid to “rock the boat” as they do not want to put their own employment in jeopardy. When Ms. Franklin was overlooked for a promotion that was then given to Mr. Johnson, favorites were being played. Experience and qualifications are not being utilized in the promotion agenda, and the employees are beginning to see how loyalty and dedication have no say on the career they are trying to build within the organization. Causes The main cause of the declining membership is because of the improper and unethical...
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