...Electronic Surveillance of Employees Assignment # 1 By Diara Freeman Law Ethics and Corporate Governance Professor Michael Green April 23, 2011 Electronic Surveillance of Employees Explain where an employee can reasonably expect to have privacy in the workplace. The issue of privacy is a big concern in the workplace. With the expanding of new technology, many employees are concerned that their privacy rights are not being protected. Employers want to be sure their employees are doing a good job, but employees don't want their every sneeze or trip to the water cooler logged. That's the essential conflict of workplace monitoring. New technologies make it possible for employers to monitor many aspects of their employees' jobs, especially on telephones, computer terminals, through electronic and voice mail, and when employees are using the Internet. Such monitoring is virtually unregulated. Therefore, unless company policy specifically states otherwise (and even this is not assured), your employer may listen, watch and read most of your workplace communications. (Harlow, 1999) When an employee is hired at a new company, there are several security measures that are already in place in order to keep their personal information private and/or confidential. The first being in the Human Resources Department where all the information is gathered by the employee filling out various forms of that are confidential in nature. This information is kept in...
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...There are many types of businesses; a sole trader is an individual who has set up a business on his own and works as a self-employer. He has the right to make all business decisions and owns all assets of the company (Mavrikakis: Watson, 2011/2012:4). ‘A sole trader has independent control of the business and any profit made is his/hers.’ (Adams, 2008:411). He has all liability for any debts the company may face and is also responsible for paying income tax on all income the business takes. Setting up a business is easy for a sole trader and no formal steps need to be taken except for registering with HMRC for tax purposes and if their annual income exceeds the threshold of £67000 they must also register for VAT. However setting up a business as a self-employer, Peter would have to provide the capital to commence the business which could potentially need a loan from the bank secured by security on premises on a fixed charge. Peter would solely be reliable for all debts; and this could lead to him becoming bankrupt by creditors. (McLaughlin 2009:39) expresses a sole trader cannot be an employee of his own business as he cannot create a contract with himself; this means he has minimum chances of reducing his tax ability. However he can set up a contract with other individuals whom, he wants to employee. As an employer he is liable if any events occurred endangering his employees hence is able to be sued. ‘All assets a sole trader owns are available to pay the judgement debts if...
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...Running head: HISTORY OF SPECIAL EDUCATION LAW According to National Assessment of Educational Progress (NAEP), an IEP, or Individualized Education Program, is “a written statement for each individual with a disability that is developed, reviewed, and revised in accordance with Title 42 U.S.C. Section 1414(d).” (NAEP Glossary) Each source I studied stressed the concept of “individualized” plans because each program is tailored to specifically meet the needs of that particular student through a series of assessments, meetings and medical diagnoses. Recognizing that the content of the IEP is legally binding, it’s important to ensure that what is included in the IEP safeguards the needs of the student and that the student needs are being met? So after Further research I discovered a site that put the definition of an IEP in easily understandable terms: [An IEP] is a legally binding document that spells out exactly what special education services your child will receive and why. So by doing the IEP not only would It will include the students classification, placement, services such as a one-on-one aide and therapies, academic and behavioral goals, a behavior plan if needed, percentage of time in regular education, and progress reports from teachers and therapists. What is and we see that these plans contain information about the child’s classification, such as autism, deaf-blindness, orthopedic impairment or mental retardation for example, which requires the special...
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...Legal Underpinning of Business Law Gregory Wright BUS 670 Legal Environment Andrew Stave Monday April 15, 2013 In this paper I will discuss business structure and organization and how liability differs between each organizational form. My business Tinker’s Home Security Service is being sued by one of my clients for breach of contract. The lawsuit derives from the fact that one of our clients’ property was burglarized and they are stating that we failed to dispatch authorities to their property after the alarm had been triggered. There are different ramifications depending upon how I chose to structure this business and in the next section I will briefly discuss each of them. The various forms of organization are established by state law. There are a wide variety of business organizations recognized by the states. For example, a popular form of organization is the Limited Liability Company (LLC). The LLC is a state designation. At the federal level, an LLC is considered a partnership. If the LLC so chooses, it can be request to be considered as a corporation at the federal level. There a total of six forms of business organizations; Sole proprietors are unincorporated businesses. They are also called independent contractors, consultants, or freelancers. There are no forms you need...
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...summary of the four Legal Areas of Canadian Law which affect recruitment & selection. * Identify the protected groups with regards to discrimination. * ------------------------------------------------- Provide at least one example of acceptable discrimination. ------------------------------------------------- During the recruiting and selection process, it’s important to be aware of certain legal issues in order to avoid risk. It is the responsibility of the human resource manager to make sure that all the policies and rules take legal aspects into account. The legal aspects of human resource management play a significant role in strategic planning and decision making. There are 4 major types of legislation that affects employment practices recruitment and selection: * Constitutional Law (Nationwide) * Human Rights Legislation (in ON, there are Ontario human rights commission) * Employment Equity * Labour Laws (including unions as an extension) 1) Constitutional Law (Nationwide): Constitutional Law is the supreme law of Canada. It consists of series of acts and orders passed in 1867 by the British and Canadian Parliaments. It has precedence impact on employment practices and all other legal means. The Canadian Charter of Rights and Freedom was passed in 1982. It is the part of the Constitution of Canada; because of this, the Charter is a very powerful document. However in a practical matter, the constitutional law does not affect directly...
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...Introduction The topic of this paper deals with the selection and managing of employees as it relates to discrimination and sexual harassment. Discrimination and sexual harassment are two very hot topics that are indicative of bias in the hiring process and an environment of hostility and offensiveness in the workplace. It is unlawful to discriminate against an applicant and with anti-discrimination legislation in place; the employment recruitment and selection can only be based on the potential candidate's ability to perform assigned tasks. Attributes such as the level of experience, degree of education, and the quality of skills should be the only factors of consideration with no regard to disability, age, ethnicity, gender, or other distinguishing characteristics of the applicant ("Discrimination in the Selection Process”). Sexual harassment in the workplace can come in form of sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. There are two types of sexual behaviors that are unlawful: quid pro quo sexual harassment and hostile-environment sexual harassment. Quid pro quo sexual harassment happens when an individual's submission or rejection of sexual advances is used as the basis for employment decisions or as a term or condition of employment (“Sexual Harassment”). Hostile environment sexual harassment occurs happens when there is unwelcome sexual conduct that interferes with an individual's job performance and creates...
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...ARVINDBHAI VALJIBHAI BHANUSHALI NOTES ON STATEMENT OF TOTAL INCOME ASST.YEAR : 2009-10 1. The Assesse has filed her original return electronically on 28/10/2009 vide E-filing Acknowledgement Number-99913080281009. And also has filed Physical original Income-tax return u/s.139(1) of the I.T.Act, 1961 on 28/10/2009 with the office of Income Tax Officer ward-3,Kheda range,Nadiad vide R No. 495. This Income-tax Return is filed in response to notice dated 07/10/2010 issued by A.C.IT C.C.1(4) Ahmedabad u/s.153A of the I.T.Act, 1961 2. All supporting evidences filed with the original return of income are required to be considered as part and parcel of this Income-tax Return. 3. The search proceedings u/s.132 of the I.T. Act 1961 was carried out by the Income-tax Department on 04/03/2010 at the residential premises of the assessee. at 11C,Punit Park Society, opp. New Court, Mehmadavad . Proceedings u/s.132 of the Act was also carried out at the locker No.183 of State Bank Of India, at Mahemdavad . During the course of search following assets were found and seized. Particulars Found Seized Annexure Amount Annexure Amount Gold Ornaments and Jewellery JF 24,80,615 -- Nil Cash ...
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...Comprehensive Selection/Recruitment and Training Plan Cherry Ann Gaskin OMM 618: Human Resource Management Instructor: Cheryl Moore March 10, 2014 Comprehension Selection/Recruitment Conceptualizing the entire portrait of a swift and successful job transition is essential to changing management levels in today’s corporation. Significant thought and attention to detail makes the planned transition a smooth process. Corporations that desire to excel by promoting great workers while properly preparing a qualified replacement understand the magnitude of examining every detail of a transition plan. Managers must develop transition plans that include the appropriate techniques for recruiting, interviewing and hiring qualified replacements for employees that have been promoted. The goal is to never take a position backward by hiring a replacement that is under the potential level of the previous worker. Learning to properly train and develop new employees as well as how to properly monitor their performance must be a focus for organizations that intend to grow. The assumption can never be made that any step in the process of a successful transition can be avoided or overlooked without the full realization that such actions could significantly affect the progression of the department or the organization as a whole. In further discussion a plan will be device to successfully transition employees from one position to the next while...
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...Knowledge Commission Working Group on Legal Education REPORT OF THE WORKING GROUP ON LEGAL EDUCATION Background 1. The National Knowledge Commission (“NKC”) was established by the Prime Minister of India in 2005 to recommend and undertake reforms in order to make India a knowledge-based economy and society. An important constituent of the NKC’s functions is professional education, particularly in the field of legal education. In light of its significance, the NKC constituted a Working Group on legal education in the country. The members nominated by the Chairperson of the NKC, Mr. Sam Pitroda, to the Working Group are Justice Jagannadha Rao (Chair), Justice Leila Seth, Dr. Madhav Menon, Dr. B.S. Chimni, Dr. Mohan Gopal, Mr. P.P. Rao and Mr. Nishith Desai. The Terms of Reference of the Working Group are as follows: a. Identify constraints, problems and challenges relating to curriculum, teaching, infrastructure, administration and access. b. Recommend changes and reforms to address the problems and challenges relating to curriculum, teaching, infrastructure, administration, and access. c. Explore methods of attracting and retaining talented faculty members. d. Suggest measures to develop a research tradition in faculties of law and law schools. e. Suggest innovative means of raising standards and promoting excellence in legal education situated in the wider social context. f. Suggest ways of incorporating emerging fields of legal education in teaching and curricula. g...
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...Legal Forms of Business When considering the preferred legal form of business, it comes down to the level of liability, the size of the business and the number of owners or shareholders that will be involved. It is important to consider that with the increased size of a business and the increase in the number of owners, the decision-making process becomes more complex. The level of liability for the owners decreases as the owners no longer are liable for the losses and gains of the business within larger legal forms of business. Of the legal forms of business; sole proprietorship, partnership, limited liability partnership, limited liability company, S corporation, franchise, and corporate; some businesses may only qualify to be classified as one or two of the legal forms of business, making the decision easier for the owners to choose. Sole proprietorship: A sole proprietorship is a for-profit business owned by one person who may operate the business alone or employ others. The sole proprietor of the business is responsible for assets, losses, and debts. There is also no legal distinction between the sole proprietor and the business (Cheeseman, 2012). A small business, such as a coffee shop would be a prime candidate for a sole proprietorship. The owner could run the coffee shop alone or employ others to operate the business. A sole proprietorship can be more difficult to raise long-term capital for, because of unlimited liability and that the business depends...
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...Applied Legal Concepts in Healthcare Law Brewster v. University Hospital This paragraph will include a summary from the case which was obtained from the Healthcare Law Writing Assignment. In December 31, 1987 the Brewster’s had a daughter Emma that was born a week premature. Emma was transported to Children’s Hospital Medical Center the next day when she began showing signs of respiratory distress. She was treated by Dr. Craig Jackson, a neonatologist employed by the University of Washington. Emma suffered from hyperbilirubinemia, or jaundice, caused by elevated levels of bilirubin, a substance that is released into the bloodstream. Jaundice is not uncommon among infants as approximately a third or more of all newborns at the intensive care unit at Children’s hospital have jaundice. Greatly elevated bilirubin levels can result in permanent in brain damage. When Emma was admitted to Children’s Hospital, her serum bilirubin level was 4.2 micrograms per deciliter. It gradually increased to as high as 22.0 mcg/dl on January 7, 1988, then decreased to 5.7 mcg/dl on January 18, 1988. The type of jaundice Emma experience is generally treated with phototherapy. More serious cases are treated with a transfusion of all the blood in the infant’s body, a treatment entailing greater risks including cardiac arrhythmia, bleeding, bacterial infection and the development of air bubbles in the circulatory system. Dr. Martin prescribed phototherapy for Emma, which was unsuccessful, and Emma...
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...Legal Risk and Opportunity in Employment Business Law- LAW/531 Legal Risk and Opportunity in Employment Legal Encounter #1 In legal encounter 1, there are definite liability issues on WireTechs behalf. The first legal principle is the employee handbook presented to Clark at the beginning of his employment with WireTech. The employee handbook could represent a contract between the employer and the employee. Upon employment Clark did acknowledge that the company had an “at will” policy when terminating employees. WireTech presented Clark with an employee manual upon hiring him that states,“ If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a corrective actions plan” (Syllabus, 2010). Unfortunately, WireTech never put Clark on a corrective action plan nor did WireTech give Clark any indication that they were unsatisfied with his performance until they were prepared to let him go. According to Jennings, ”Many courts have implied the existence of a contract due to the presence of promises, procedures, and policies in an employee personnel manual. Personnel manuals have been held to constitute, both expressly and impliedly, employee contracts or to become part of the employee contract when they are given to employees at the outset”(Jennings, pg.727). One factor that determines an implied contract is the reliance on the employee manual (Jennings, 2006). With this information being known Clark has the right...
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...Legal Pleading Terms 1. Bill of complaint- states the vital statistics, called the jurisdictional facts and states the conduct, which forms the grounds for the divorce to be granted. It also covers certain technical matters and asks the court for anything you might want. 2. Motion for judgment- as a matter of law is a request asking the court to enter judgment as a matter of law. 3. Answer- in law, a written pleading filed by a defendant to respond to a complaint in a lawsuit filed and served upon that defendant. 4. Grounds of defense - a document that requires the Plaintiff to spell out exactly what the Defendant has supposedly done wrong. 5. Demurrer- challenges the sufficiency of a claim for affirmative relief, and can address misjoined claims, lack of subject matter jurisdiction, and most importantly a failure to state a cause of action through a failure to allege some fact, which is necessary for the claim to prevail. (Document that makes an objection) 6. Motion for a Bill of particulars- detailed, formal, written statement of charges or claims by a plaintiff or the prosecutor given upon the defendant's formal request to the court for more detailed information. 7. Request for production of Documents- A Request for Production of Documents, or RPD, is used in discovery as a formal way for one party to ask another party to hand over copies of any evidence in the form of documents related to the case. 8. Interrogatories- written questions used in the...
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...COMPARATIVE LAW 2013 GROUP 6 – CLC35 1/1/2013 Role of Comparative Law to legal interpretation and application Role of Comparative Law to legal interpretation and application Table of Contents I. Definition: legal interpretation and application 2 I.1 Legal Interpretation 2 I.2 Legal Application 3 II. Role of Comparative Law to legal interpretation and application 4 II.1 Role of Comparative Law to legal interpretation and application of law as the result of the harmonization and unification of law 5 II.1.1 The harmonization and unification of law 5 II.1.2 Role of Comparative Law to legal interpretation and application of law as the result of the harmonization and unification of law 6 II.2 Role of Comparative Law to legal interpretation and application of law as the result of the transplants of foreign law 8 II.2.1 An overview of Legal transplant 8 II.2.2 Role of Comparative Law to legal interpretation and application of Law as the result of the transplants of foreign law 13 II.3 Role of Comparative Law to legal interpretation and application of Legal rules which are entirely domestic and lack any direct international background or connection 15 II.3.1 Introduction 15 II.3.2 Role of Comparative Law to legal interpretation and application of Legal rules which are entirely domestic and lack any direct international background or connection 16 III. Questions 17 HCMC UNIVERSITY OF LAW ADVANCED-PROGRAM CLASS COURSE 35 GROUP 6 ...
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