...When people lose their job, it wreaks havoc on their lives. If a person is fired without reason or unfairly, they are likely to seek compensation. If a person hasn't signed a contract or is fired, with exception to a few points in the employment at will doctrine, there is not much they can do about it. The law is on the side of the businesses in most cases of at-will employment. In the case of Elaine, she was fired without notice or reason for termination. Elaine had been promised career opportunities and given a salary, but no contract was signed. Elaine's employer hired a new person for Elaine's position who had less education and experience. Elaine believes she was fired unfairly and is suing to get her job back. I believe Elaine may have a strong case because of the person who was hired for her position. Elaine was fired without good reason or notice. The employer then replaced Elaine with a male employee with less job experience and less education. Elaine has a good chance of getting her job back by suing her employer for sex descrimination. Her successor was inferior to Elaine in a few key areas and that may prove the employer fired her due to descrimination. There are some exceptions where employees cannot be fired even if they are at-will employees. One exception is a statutory exception. A statutory exception says an employer can't fire an employee that is a member of a labor union if their firing is in violation of labor laws or collective bargaining agreements...
Words: 353 - Pages: 2
...GBS 205- Mitchell J. Pratt Example: A Judge #1 9/29/12 Elaine, who has been an employee for two months, has sued her employer, Jerry because he has fired her without any reasoning or rationalization. The job offer that Elaine received was a letter that she had been given, which mentioned that her annual salary would be $30,000 and she would receive great opportunities at the company. Although the company that hired Elaine was an at-will-employment business, Jerry decided to fire Elaine after two-months and hire a man in for her position, Kramer, who had less job experience and education then Elaine. Elaine has now sued Jerry for being terminated, she wishes to have her job back and have a steady income and an annual salary. Elaine’s lawsuit has a strong case for sexual discrimination and unlawful business ethics by her employer, ensuring that Elaine, who was given no reason for the termination and after the termination Jerry hired a man, who had less job experience and education, gets her job back. However, there are certain exceptions that favor Elaine for being mistreated and fired so abruptly. The exceptions that I believe will help Elaine in the Lawsuit against Jerry other then sexual discrimination, are as follows; Tort Exceptions, Implied-In-Fact Contracts. Statutory Exceptions, and the Public Policy Exception. Certain issues need to be considered and discussed before beginning this lawsuit to ensure that there is a legitimate case. Some things to consider are; is there...
Words: 1530 - Pages: 7
...* Why did the Homestead strike turn Violent? The Homestead Strike took a violent turn because Henry Frick hired the National Pinkerton Detective Agency after the sheriff failed to contain the strikers. Frick had hired the National Pinkerton Detective Agency to help him secure the Homestead Factory to allow strikebreakers to enter safely and free of harassment. The Pinkertons were going to arrive by boat in the middle of the night so they could get to the factory undetected. The strikers however knew that the Pinkertons were coming and went to the riverbank to turn the factories hired militia back. It is not known who fired first but both sides engaged in a 14 hour gun fight. The Pinkerton militia eventually surrended but the violent occurrence claimed the life of three detectives and nine workers. * What are the differences between Goldman’s account and Frick’s account? One of the first differences that should be pointed out is that Frick’s account came from a newspaper interview were as Goldman’s account is from her auto biography that was written 39 years after the strike, so you can see right away that the media and the time the accounts were documented are very different. Another difference I found interesting was that in Goldman’s account she is not actually directly involved in the Homestead strike but is just an avid supporter of worker rights, where as Frick is directly involved in the strikes. The biggest difference I noticed between the two accounts is that...
Words: 721 - Pages: 3
...where potential strengths/weaknesses lie within the organisation. The main disadvantage to the outsourcing vendor of hiring existing IS staff is that the attitudes of staff running essentially the same system just under different management can be negative especially if they feel undervalued because the organization has just moved responsibility over to the vendor. The main advantage to the client organisation of having it’s own staff re-hired by an outsourcing company is that it relieves the responsibility of managing their own staff but prevents them from moving to a competitor firm. This gives them a advantage especially if they were reluctant to let some IS related employees go, not because of their attitude but their in-depth knowledge about the business and how that information could aid competitors. The second advantage of having your own staff re-hired by an outsourcing vendor is that the vendors ‘new’ employees already know everything about the current infrastructure, and therefore don’t have to waste time getting up to...
Words: 473 - Pages: 2
...Case 1: Heart Attack Managing People and Ethics 3/25/2011 Management 301- Business Organization and Management Eboni Thrower, Jennifer Jackson, Gerald Grant III, Taneisha Pryor Dr. Makamson 1.___________________________ 2.___________________________ 3.____________________________ 4.____________________________ I. Problem Statement Was Mr. Hamid wrong for firing Shauna? Mr. Hamid placed an ad for a part-time bookkeeper at a local college and Shauna came across it. The work Mr. Hamid needed finished for his company would only require the bookkeeper to stay in work with him for about two months. She applied for the job and received the job the same day. During the interview Mr. Hamid stated that he would pay her $150 per week. Realizing that if she accepted $150 per week she would not be making as much money as she would if she worked on an hourly rate; she had to come up with a plan. Shauna negotiated with Mr. Hamid and agreed to work Monday, Wednesday and Friday for seven hours a day for 21 hours a week at $10 per hour. In this agreement Shauna would be put on a three month probationary period, which consisted of no time off, vacation, sick days or holidays off. Shauna was a hard worker and an excellent bookkeeper for Mr. Hamid. She always completed every project and obligation that was ever asked of her beforehand. Shauna constantly asked Mr. Hamid for extra work to do in the office to keep her busy. She never took any time off from work, nor did she ever...
Words: 1939 - Pages: 8
...plaintiff and she has filed a lawsuit against Jerry for firing her. She claims she was fired without any reason. She was also told that opportunities in the company were there for her and she was provided with a salary position that paid $30,000 annually. The employer is an “at will employer”. The opportunity promised by her employer was given to another worker named Kramer who had less experience and a lower level of education than Elaine. The lawsuit is based upon wrongful termination and she looks to get her job back. The legal issues in this case involve the promise of job opportunities. With the company being an “at will” employer does that relieve them of offering an explanation as to their reasons for firing Elaine? Did the employer violate any ethics or discrimination laws in terminating her position? Is there sufficient evidence on behalf of the plaintiff that can prove such violations took place? Elaine and her attorney will focus on a statutory exception or a contract exception. Elaine received an offer letter promising great career opportunities which included an annual salary of $30,000. Elaine’s attorney may use this to argue that long-term employment was implied and that she was fired without just cause. Discrimination could be a part of Elaine’s case in that someone else; a man with less experience and education was given the position that she had been promised. She was fired without being given any reason for doing so, which also gives this argument credibility...
Words: 1442 - Pages: 6
...plaintiff and she has filed a lawsuit against Jerry for firing her. She claims she was fired without any reason. She was also told that opportunities in the company were there for her and she was provided with a salary position that paid $30,000 annually. The employer is an “at will employer”. The opportunity promised by her employer was given to another worker named Kramer who had less experience and a lower level of education than Elaine. The lawsuit is based upon wrongful termination and she looks to get her job back. The legal issues in this case involve the promise of job opportunities. With the company being an “at will” employer does that relieve them of offering an explanation as to their reasons for firing Elaine? Did the employer violate any ethics or discrimination laws in terminating her position? Is there sufficient evidence on behalf of the plaintiff that can prove such violations took place? Elaine and her attorney will focus on a statutory exception or a contract exception. Elaine received an offer letter promising great career opportunities which included an annual salary of $30,000. Elaine’s attorney may use this to argue that long-term employment was implied and that she was fired without just cause. Discrimination could be a part of Elaine’s case in that someone else; a man with less experience and education was given the position that she had been promised. She was fired without being given any reason for doing so, which also gives this argument credibility...
Words: 1439 - Pages: 6
...4 A/C Mr. Tress Many people believe that tenure is a great thing that can help protect our teachers from being fired for the wrong reasons. Within this opinion lies the real problem. Tenure started as something that would allow teachers to teach things that were controversial at the time, such as Huck Fin, without having to fear being fired because of a parents outrage (Stephy, pg.1). Now it is next to impossible to fire a teacher. The problem with tenure is that it has become a way to protect the incompetent from being fired. One California school board spent $8,000 to fire an instructor who preferred using R-rated movies instead of books (Stephy, pg.1). Tenure needs to be revamped, we do not need to completely abolish it, but we do need to change it on a large scale. Right now it is harder to change tenure then to add an amendment to the constitution. When discussing the causes of tenure you think of a time when teachers could be fired for things such as reading a book a parent doesn’t approve of. It is true that this is how tenure began. It started at the same time labor unions were coming around. The first state to get tenure was New Jersey in 1909, it started as a way to protect teachers for being fired for a cheaper hire (Brody, pg.1). Tenure also started as a way to protect female teachers from being fired for things such as getting married, pregnant, or wearing slacks (Stephy, pg. 1). At this point in time tenure was very important and some people...
Words: 1269 - Pages: 6
...but knew that if something were to happen then she would not have help until someone called 911 and the first responders arrive. Well someone did call 911 and the unit coordinator ended up getting on the phone with dispatch. When dispatch asked her to perform CPR the employee said she could not because of policies and procedures. She told dispatch that even though she was a nurse she was not hired there as a nurse and the facility had no medically trained personnel to assist with CPR. Was this nurse in the right or wrong? Situation Two: In New Jersey at a standalone surgery unit, twelve nurses refused to assist patients that were getting abortions. The nurses did not want anything to do with these patients whether before or after the procedure. The thing that brought this up was the company changed the policy on abortion, and now the nurses were going to being forced to assist the patients or get fired (Andrusko, 2011). Do nurses have the right to pick and choose who they provide care too? The facility use to have the nurses that did not mind to do the work, but now with no notice they changed the policy and are forcing all nurses to participate and be trained on abortion procedures. Situation Three: Can a nurse refuse to get a flu shot and keep working as a nurse? This question is getting narrower every day. Obama care requires medical offices/hospitals to have ninety percent of their employees vaccinated with the flu shot in order to get full reimbursements for Medicare and...
Words: 1801 - Pages: 8
...walls as employees inside cleaned the store and it grew steadily darker outside. She was waiting with the others for a group interview, nervously wondering what to expect. After about a half hour some of her fellow interviewees were getting impatient. “What is taking them so long?” “I’m about to break through this glass.” Jen heard some of the others making comments like these, but she kept quiet, not wanting to complain and feeling more shy from nerves. Instead she ended up making small talk with the man next to her, wondering why he was wearing ripped jeans to an interview. They had a short but pleasant conversation. After a few minutes they saw an employee walking toward them to unlock the door and let them in. Following the others to the rows of seats set up in the back of the store, Jen took a seat and watched as the young man she had been talking to outside walked up to the front and started speaking: “Hi, I’m John and I’m an Expert here.” Jen was stunned that the person she had been talking to was actually an undercover employee, but she was immensely pleased now that she had said nothing negative while waiting outside and that she had had a good conversation with John, knowing it could only help her chances of getting hired. John went on to explain the process the group interview would go through, and it was unlike any interview Jen had been to before. They watched short videos about the history of Apple and what it is like to be an employee, they role-played...
Words: 1388 - Pages: 6
...shipping with 12 employees, returns of two employees, and my department in QA (Quality Assurance) of three employees. Now the first year of my hired, I was 20 years old and there were many older workers that were at least between 23-45 years old. Also, it was not a very diverse culture as well. I was actually the first Mexican-American that worked there and everyone else was Caucasian. Continuing my story, I was trained in QA from the head lead who was also the oldest. Continuing on with completing my first year I was also crossed trained in all the departments. Therefore, I was being prepared to be backups when the work got behind and they needed an extra hand in receiving, IC, shipping, and returns. At this time really thinking...
Words: 938 - Pages: 4
...African American women, as well as American women, have easier times finding jobs than men did. Any African American person was automatically fired when the stock market crashed. The saying for businesses when this happened was, “the last hired, first fired.” Women were trying to find jobs as “slaves” in people's homes, if they could. “Many African American women lost their positions as domestic servants to white women who entered the market during the depression” (The Depression). Many African American men were able to find many jobs with working in fields and on farms. Most people didn’t hire women to do these jobs because they didn’t think they’d be able to last very long. African American people had the hardest time during the depression since racism was still going on, their lives were the most in danger if they had...
Words: 705 - Pages: 3
...STRENGTH Brand equity MTV was rapidly expanding through broadcasting to Western Europe, Japan, Australia, large portions of Latin America, and eventually to countries in Asia. Boundi, CEO of Viacom, promoted the MTV networks as global brands. By negotiate exclusive contracts that gave mTV the first crack at playing most major record companies’ music videos. Besides MTV has went from being a purely music video channel to channel which interspersed with innovative programming such as Beavis and Butterhead, and Road Stories. These innovative programming have increased the loyalty of its teenagers viewer. Lower Cost Viacom run in a cost-conscious manner. Redstone requires its own programming should be made in low cost by using home-grown talent instead of using Hollywood studios and other branded television networks because of cost soared in demanded for their services. Hence, it saves Viacom a millions of dollar per year. Acquisition of Blockbuster, which is the biggest customer of Hollywood movies, give Viacom greater bargaining of purchasing power with programming suppliers to reduce programming cost. Strong portfolio of cable networks Viacom operates its business under prominent brands including MTV Networks, BET Networks, Paramount Pictures. MTV Networks includes MTV, VH1, Nickelodeon, Nick at Nite, Comedy Central and Country Music Television (CMT). In addition, the network also own digital assets like Neopets, Xfire, Atom, Harmonix and Quizilla to offer interactive...
Words: 1193 - Pages: 5
...other newspapers will steal it from them. Callum visits Greer to find out of more in the hiring of Sonia. Greer says that the minister of energy, George Fergus, hired Sonia, and that’s lead to another clue. On the police station Foy gets interrogated. He tells his “story” in a few minutes, and finds out that it is not the police that have been chasing him in the grey rover in episode 4. Right after he bumps into Della and tells about the people who are following him. They change cars to secure Foy, and agree to meet in front of the hotel later. The journalist, Helen, is asking Fergus if he was the one who hired Sonia to work for U-ex oil, but he gets insulted and angry, and says that she should keep her mouth closed if she wants to keep her job. Foy is scared, he thinks that he might get killed because of his dirty job at Warner Schloss, but he will still not tell the journalists about it. Now Foy and Stephen meet up with all the journalists, but not face to face. Stephen overhears Callum and Della’s questioning of Foy. He tells the whole story about Sonia’s hiring, together with a contact person for U-ex oil, called Paul Canning. Sonia operated with dirty money, and wanted to back out, but Paul did not accept her non-attendance, and got mad. At the same time Sonia was falling in love with Stephen, and she was getting pregnant as well. When Stephen hears it he gets furious and walks right in to Foy, beats him up, and says that he was the one who killed Sonia, but justifies...
Words: 1062 - Pages: 5
...Leadership Lessons from Billy Beane I just returned from seeing Moneyball, a great baseball flick. Brad Pitt plays Billy Beane, the GM of the Oakland Athletics 2002 squad that won an unprecedented twenty straight games that season—despite having the lowest pay roll in the major leagues. Season after season Beane would watch teams with deeper pockets steal his star players. When he realized that he couldn’t compete with the New York Yankee’s salaries, he decided that he needed to change the way the game was won. He needed to actually evolve the game by reimagining it in such a way that you couldn’t just buy the World Series. There are some leadership lessons in this true story for church leaders. First lesson: Do not prematurely resolve the tension. Billy refuses to accept solutions from his scouts and assistants that were based on the old paradigm. At this point, he had no solutions himself. He simply held the tension. He steeped himself in the conflict that ensued when he consistently contradicted the “experts”. He increased the evolutionary tension. It’s my experience that most leaders in the church capitulate in the face of conflict. How do we support our leaders and congregations to hold the tension, when everything in us wants to resolve it prematurely for the sake of a false peace—a peace that will ultimately keep us from evolving? Lesson 2: Staying in the fire focuses your attention on outside-the-box solutions. Billy stumbles upon a completely new model in a young Yale...
Words: 1051 - Pages: 5
