...of directors approve a plan to terminate 100 of Rump’s employees. Under the plan, each terminated employee is to receive a lump-sum cash payment equal to one month’s salary but only if the employee voluntarily signs a waiver of any right against Rump. The following additional facts are given: * The plan was approved on December 27, 2005 by Rump’s board of directors and Rump’s CEO, Ronald Rump. * The corporate restructuring plan identifies 100 employees to be terminated, the job classifications and locations of each employee to be terminated, and the expected completion date of January 31, 2006. * On December 31, 2005, each affected employee was e-mailed a summary of all the plan’s terms, which included the amount of severance benefits the employee would receive upon termination, subject to signing the litigation wavier by January 31, 2006. * Rump believes it is unlikely that significant changes will be made to the plan or that the plan will be withdrawn before its execution. * The plan allows employees to leave Rump at any time, but no later than January 31, 2006. The employees must sign the waiver no later than January 31, 2006. Identification of questions and alternatives Should Rump recognize a liability for expected employee termination benefits as of December 31, 2005? Conclusions and Authoritative Reasoning Rump should recognize the liability for expected employee termination benefits as of December 31, 2005 for all 100...
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...the manager. As stated in the example above, workers want to see the actions taken by the manager, not ignored. If actions like that are ignored, it makes the other employees feel uncomfortable in the workplace. A workplace example of an ethical dilemma involving termination would be an employee who is harassing another employee. This is my workplace example: Michael, who has worked with the company for 5 years, was harassing another employee, Miranda. Miranda is new to the company and has only been there for just under a year. Another employee, Anthony, who had witnessed Michael harassing Miranda during their shift, is deciding on whether to go straight to the Human Resource Department and inform them about what he had witnessed, Michael harassing Miranda. Or if he should tell Michael what he saw and comfort to Miranda’s aid. Michael has already been verbally warned, has already received a written warning, and was suspended regarding this issue. Michael will be terminated if Anthony reports what he saw to HR. Anthony decided to go to the Human Resources and report what he saw. Anthony knows that any type of harassment is against the law, and although he does not want to see anyone get terminated, he has...
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...commercial real estate company that purchases and constructs commercial property. On the basis of the corporate restructuring plan, Rump’s CEO, Ronald Rump, and Rump’s board of directors on December 27, 2005 approve a plan to involuntarily terminate 100 of the company’s employees. The plan provides for each terminated employee to receive a lump-sum cash payment equal to one month’s salary only if the employee voluntarily signs a waiver of any right to legal action against Rump. Consistent with Rump’s past practice, employees that refuse to sign the litigation waiver will not receive any of the severance benefits. The employee will be terminated whether or not the waiver is signed. The following additional facts are given: 1. The plan was approved on December 27, 2005 by Rump’s board of directors and Rump’s CEO, Ronald Rump. 2. The corporate restructuring plan identifies 100 employees to be terminated, the job classifications and locations of each employee to be terminated, and the expected completion date of January 31, 2006. 3. On December 31, 2005, each affected employee was e-mailed a summary of all the plan’s terms, which included the amount of severance benefits the employee would receive upon termination, subject to signing the litigation wavier by January 31, 2006. 4. Rump believes it is unlikely that significant changes will be made to the plan or that the plan will be withdrawn before its execution. 5. The plan allows employees to leave Rump at any time, but...
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...Fleming LEG 500 Strayer University April 22, 2013 Many workers in the United States believe that satisfactory job performance should be rewarded with, among other benefits, job security (Muhl, 2001, 3). There is an employee (Jennifer) that seems to be unable to learn the computer applications that are basic to her job responsibilities, but, consistently “tells” her boss that she is “a good worker and a genius” and that he does not “appreciate her”. Even after a few months of training and support for the accounting firm she works at, she is unable to use the computer tools to be productive and efficient in completing the required tasks. This employee is banking on the employment-at-will doctrine. The employment-at-will doctrine avows that, when an employee does not have a written employment contract and the term of employment is of indefinite duration, the employer can terminate the employee for good cause, bad cause, or no cause at all (Halbert & Ingulli 2012, 46). With this scenario of Jennifer’s behavior the manager needs to review the lists of abilities that she wrote on her application or resume. If those abilities are false and she cannot perform her duties of the job, then depending on her employment contract she either needs to be formally written up or terminated for lying on her resume and not being able to perform her duties. Jennifer went through the training and was supported by her management team; she still had trouble...
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...Americans always talk about how free their country is and how they have freedom of speech. How much freedom do we really have? Computers and technology have advanced at a rapid pace over the past decade and you can find a computer virtually anywhere you go. You can find computers in schools, businesses, in most homes and even in the palm of your hand with smart phones. According to www.NPR.org (National Public Radio), “Virtually all Americans under age 60 say they have used a computer (92%), and most of them have used the Internet (75%) or sent an e-mail message (67%) at some point in their lives. In addition, more than 8 in 10 Americans under age 60 currently use a computer at home or work (81%).” Computers have become not just a luxury, but a necessity among American culture. We are living in a technological age where we need computers to function in our everyday lives. When a product is made there is always going to be some sort of byproduct that comes along with it. When computers were made the internet came along with it. The internet was originally developed for the military to be able to communicate in the event of a nuclear attack. It was also developed specifically to be used for research and education. Over time the internet became commercially available and it was no longer just for education. It was used for various other things such as entertainment, shopping, social networking or keeping up with news. As technology advanced the more the internet flourished...
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...role, I am able to make a recommendation of the individuals we should terminate. The termination of these employees will not hurt the efficiency of the organization and we will have the remaining staff members incorporate the duties in their daily activities. The following employees are: Diane: She has worked with the organization for ten years. Her role is a record specialist and her duties in this role is to handle the health issues and workers compensation matters for the company. Greg: He has been with the organization for five years. His role is general in the HR department. He currently has no training in completing real HR duties and therefore cannot assist in the tech hiring process for the company. Horatio: He has been with the organization for six months. He currently works in the HR department but is only marginally skilled as he is just learning health and insurance. The individuals above consist of two males and one female. The principles of employment law that are relevant in the case of these individuals is Title VII of the Civil Rights Act of 1964. This Act prohibits employment discrimination based on race, color, religion, sex or national origin. The individuals terminated have the right to file a suit of discrimination against the organization if they feel they were terminated unjustly and it is in violation of their civil rights. The types of discrimination that can be filed from the terminated could be national origin discrimination, gender discrimination...
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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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...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 the handbook’s wording to not create a contractual liability. 1. What were the legal issues in this case? Linda Dillon sued her former employer, Champion Jogbra, claiming that it breached an implied contract when it terminated her employment without following the company’s progressive discipline policy as stated in the company handbook. She also argues that the trial...
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...notified US and French employees that the Company would be reducing its workforce. For the US employees, this was communicated formally (writing) on company-wide and individual basis and those individual employees affected were terminated and revoked security access on December 14. For the French employees, this was communicated formally (writing) on a company-wide basis and informally (verbally) on an individual basis. Per French law, the Company was not allowed to fully terminate the employees on the date of notification. Instead, the Company submitted to the union employment committee the names of the employees it intended to terminate (those who were verbally notified on December 14). The union then had 30 days to notify the Company whether or not they agreed with the Company’s selections (based on experience, tenure, family status, health conditions, time to retirement, etc.) Should the union determine that an employee was not properly selected, they would notify the Company, and if the Company chose to continue to select that employee, it would open the matter to a separate settlement risk. The union came back on January 11 notifying the Company they agreed with all but one employee. The Company determined they would keep the employee in question on the list, and has reserved an additional settlement amount. On January 11, the Company sent via certified mail the official termination notices to the employees affected (the same employees communicated to verbally...
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...500 – Law, Ethics, and Corporate Governance Submission Date: 07/28/2013 Introduction Since the latter part of the nineteenth century, employment at-will has been the starting point in America employer-employee relationships (D. Mathews, 1975). Under the doctrine of employment at-will, an employer may terminate employees for good cause, bad cause, or no cause at all. Most western industrialized countries do not observe employment at-will doctrine. According to the legal history, employment at-will doctrine is a legal fiction unintentionally invented by Horace C. Wood in his legal thesis in 1877 on employment law entitled “Master and Servant” (Toussaint v. Blue Cross & Blue Shield of Michigan, Mich. 1980). At-will employees can be terminated for any reason or no reason at all. This means that in an at-will workplace there is no esoteric form of fairness or justice that can be protected or enforced by the courts. In the states whereby employment at-will doctrine is observed, an employer or supervisor can terminate an employee because they do not like their style of dress, choice of music or maybe even the color of their shirt, and the employee would have no real legal recourse in most instances. Because employees can be terminated for no reason, it does create a dilemma for employees who attempt to report or “blow the whistle” on misconduct by their immediate supervisor or the company. For example, Melissa Nelson, dentist assistance in Iowa City, Iowa...
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...train their managers on how to be more caring when it comes to laying off an employee. To help manage the disruption, Mr. Swartz says companies need to be compassionate and transparent about why the job losses occurred. “If you handle it in a benevolent way you boost your image as an employer ... staff feel motivated and they don't live in fear," he says (“Mismanaged layoffs can go 'horribly wrong',” 2013). Managers tend to come off a little rude when terminating or laying off employees. Another solution would be consider whether or not the loss of the employee is necessary. Instead of laying off employees companies can place that employee in another section of the company that he/she has the skills to do and the position is open. Doing this allows the company to have fewer contracts or cutting wages. Managers also tend to talk too much or not talk enough which can sometimes come off to an employee as uncaring. Knowing what to say and how to say it should also be something managers should think about when having to terminate or layoff employees. Employers must also follow the law when terminating or laying off employees. Sometimes managers terminate employees based off of emotions and feelings towards that individual being laid off or terminated. Under the Canada Labor Code, which covers federal employees, an employer has to provide at least two weeks' notice in writing or two weeks wages to terminated employees after three consecutive months of employment, according to Human Resources...
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...Three Briefs Helen Mayes Kaplan University PA205: Introduction to Legal Analysis and Writing June 26, 2012 Citation- Mitchell v. Lovington Good Samaritan Center, Inc. 555 P.2d 696 (N.M. 1976) Facts- 1. Plaintiff (Mrs. Mitchell) was terminated from her job at Lovington good Samaritan Center, Inc., due to alleged misconduct. Plaintiff then filed for unemployment compensation benefits. Due to the finding from the deputy of the Unemployment Security Commission Mrs. Mitchell was denied benefits for seven weeks. Plaintiff appealed the decision and was granted her money. The Unemployment center appealed that ruling and the first ruling went back into effect. Mrs. Mitchell appealed that ruling applied for and was granted certiorari from the decision. The Plaintiff’s money was reinstated to her by the District Court. 2. Mrs. Mitchell was terminated from her job on June 4, 1974. On April 2 and April 3, 1974, Plaintiff went to work out of uniform. The first day she was told to go home and change she refused to do so, however, on the second day she did as she was told. Then on May 15, 1974, the plaintiff was singing while working, it was reported as unethical and time- consuming. Another incident happened on May 24, 1974. Mrs. Mitchell was told to change from medications to the floor routine. She was told why she was being switched but she was not co-operative. From that day unit June 4, 1974 Mrs. Mitchell refused to do her job. On June 4, 1974 Mrs. Mitchell went to...
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...continuous or broken, with respect to activity which they’re employed * true despite written agreements that may state employee is not regular (prevent lopsided agreements and manipulations to keep employee on casual status) A. Standards 1. Activities Performed Are Necessary or Desirable In Usual Business of Employer * connection may be made by considering nature of work to be performed and its relation to the scheme of the business in its entirety * De Leon vs NLRC and La Tondena FACTS * Moises de Leon was employed by La Toneda in Dec 11, 1981 * Worked painting building, equipment, other maintenance jobs, cleaning and operating company equipment, assisting Emiliano (reg maintenance man) * Paid daily through petty cash vouchers * Jan 1983: requested to be included in payroll of regular workers, instead of petty cash vouchers * Terminated Moises = filed complaint for illegal dismissal, reinstatement, and payment of backwages * Weeks after dismissal he was rehired indirectly for same job in Vitas-Magsaysay Village Livelihood Council, labor agency of La Tondena * La Tondena claimed that he was only casual, hired to paint a certain building in company premises, and his work was terminated upon its completion DECISION * La Tondena is engaged in business of manufacturing and distilling wines and liquors * Claimed that Moises was contracted casually to paint a certain building and terminated upon its completion * May have been true...
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...contains general rules on Netherlands employment contracts. In practice, it may be difficult to distinguish under the law between employment contracts on the one hand and comparable personal services on the other hand. Under employment laws the distinction, nevertheless, is an important one, because many of the statutory provisions for Netherlands employment contracts are binding on the parties, deviations from these being void. The Netherlands Employment Agreement Under Netherlands employment law a Netherlands employment agreement need not be in writing, although the employer is obliged to provide the employee with a notification in writing, containing the essential parts of the employment agreement. Under employment laws some obligations however, are valid only if accepted in writing. An important example of that latter is provided by so called non-competition clauses, which are allowed under Netherlands employment law. Noncompetition clauses may be annulled or moderated by the competent court, if equity demands so. The Netherlands probationary period has to be agreed in writing in the employment agreement as well. Terminating the Netherlands Employment Agreement Under Netherlands employment law in the absence of mutual agreement or cause, an employer may not...
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...abilities. Next we will steps to address management behavior and performance, while the third step asks that we how labor laws should be deal with under a specific scenario. The final and fourth description involves enforcing policies and procedures. We will begin with the scenario involving employee skills, competence, and abilities and give all other descriptions respectively. Describe what steps you would take to address the following scenario involving skills, competence, and abilities: In accessing the scenario, there are two perspectives from which this scenario may be viewed, the business and legal aspects. The business aspect lends one to hear what the employer has stated, review all of the training that has been given and evaluate the outcome of the training in relation to the individual’s skills, competence and abilities. The business setting may allow that we may review the persons actual qualifications in which we may find there is an alternative to the training given, meaning we may find the technique we have been using are not the type needed for said employee. Adults learn and are motivated in different manners, for example the hands on technique may have been used but we may be working with an individual who learns from a visual stand point. One may have to resort as to what motivates this individual to retain skills, which builds competence and is rewarded with increased abilities (Blanchard &...
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