...believe that Oiler’s employee rights were violated. Oiler was a dedicated employee of twenty years he did an outstanding job, oiler’s personal life for twenty years did not affect the company (Winn-Dixie) or his ability to do a good job. I do not believe that a company should be able to fire anyone for their personal ways. When I say personal ways I mean how someone lives, dresses, or acts outside of their working environment unless it has to do directly with the company itself. If oiler was going around representing Winn-Dixie in any way then yes I could understand why the company would feel a little threatened. I feel that the decision to fire Oiler was based off of someone’s personal feelings towards Oiler being a cross dresser which is very unprofessional, a company should not fire anyone based on personal feelings but instead on how could this effect the company. On the clock Oiler was a very professional employee for twenty years. Not only was Oiler’s employee rights violated but his civil rights also. The seventh Amendment to the civil rights act of 1964 prohibits discrimination in hiring based on sex, religion, and national origin. The Fifth Amendment has an explicit requirement that the federal government not deprive any individual of life, liberty, or property without due process of the law. By firing Oiler for cross dressing is depriving him of living his life in which I do not believe that companies should legally be able to fire employee’s for this...
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...an outstanding employee. Oiler, a truck driver for Winn-Dixie Stores and a twenty-year employee, had an impeccable and unblemished work record.61 He was punctual, trustworthy, and an exceptionally productive employee. Most co-workers viewed him as an asset to the organization. But none of that appeared to matter when Oiler was fired. The reason: Oiler was a cross-dresser. On his own time, Oiler changed his persona, becoming Donna, complete with wearing women's clothing, a wig, and makeup. Frequently out in public with his wife—in restaurants, at church—Donna maintained a dignified public appearance, bothering no one, and simply went on with his personal life as he chose. Management at Winn-Dixie, however, saw things differently. Shortly after they learned of his cross-dressing behavior, Oiler was fired. This happened in spite of the realization that his out-of-work behavior had absolutely no adverse effect on his job performance. Rather, Winn-Dixie's position was that if he was seen in public by someone who recognized him as a Winn-Dixie employee, the company's image could be damaged. Oiler sued the company for wrongfully terminating him on the basis of sex discrimination. He claimed that cross-dressing was nothing more than his “not conforming to gender stereotype as a man.” During the trial, records reinforced that there was not one shred of evidence that any of Oiler's out-of-work activities affected his ability to work. Nonetheless, the court ruled in Winn-Dixie's favor,...
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...YOUR thoughts on these questions. However, I do expect at least some citations and references for all assignments. Case Application 4-B: Off-The-Job Behaviors Balancing the realities of protecting the organization and the rights of employees, both in and out of work, has become a major focal point to contemporary human resource managers. For example, by everyone's account, Peter Oiler was an outstanding employee. Oiler, a truck driver for Winn-Dixie Stores and a twenty-year employee, had an impeccable and unblemished work record.61 He was punctual, trustworthy, and an exceptionally productive employee. Most co-workers viewed him as an asset to the organization. But none of that appeared to matter when Oiler was fired. The reason: Oiler was a cross-dresser. On his own time, Oiler changed his persona, becoming Donna, complete with wearing women's clothing, a wig, and makeup. Frequently out in public with his wife—in restaurants, at church—Donna maintained a dignified public appearance, bothering no one, and simply went on with his personal life as he chose. Management at Winn-Dixie, however, saw things differently. Shortly after they learned of his cross-dressing behavior, Oiler was fired. This happened in spite of the realization that his...
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...Off-the-Job Behaviors Human Resource Management MGMT410 1. Do you believe Oiler’s employee rights were violated? Explain your position. I think that Amendment 1 of the United States Constitution say it best, “AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES OF AMERICA - AMENDMENT [I.] 2 Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances”. http://www.gpo.gov/fdsys/pkg/GPO-CONAN-1992/pdf/GPO-CONAN-1992-7.pdf. Mr. Peter Oiler certainly has unique situation that he/she has to contend with. But by virtue of the amount of negative publicity that the food chain, Winn Dixie would have to contend with, I think that they made a wise decision. Case-and-Point; say for instance, Mr. Oiler was on a normal outing and decided that he wanted to drink a little. He’s dress in his finest dress while at the Shady Grove Bar and Grill, when all of a sudden, someone from Winn Dixie recognizes him. They start a conversation and a fight ensues. Mr. Oiler and his co-worker are eventually pulled apart, but the damages are insurmountable. The owners of Shady Grove Bar and Grill, through a police report fine that Mr. Oiler is employed at Winn Dixie, and file a Class-Action Suit against the corporation. The fact of the matter is, no one cares who you are, until they find...
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...making negative comments about a supervisor or an organization have been grounds in the past for termination. These are all violations of the company internet policy. Maybe it is what they cannot say, that has people confused. As much as an employee may want to degrade or belittle their employer on their Facebook page, it can be determined that what they post/say is slander or libel. This means, they can sue. It is essential that employees are as careful as can be, not to post something that might get them fired. Sometimes employees are fired, even when they are in the right. Social Media Policies Employers need to establish a tight knit Social Media Policy. They need to continue to regularly review this law in order to save ensure they are always acting within the scope of the incident. Regardless however of strict their Social Media Policy is, or will become, when an employee is fired for posting on Facebook or another online site, they have the right to access the NLRB for assistance. Representation will be determined by the basis of the termination and on whether the information posted was protected by the National Labor Relations Act. Employers should review their social media policy to be sure they aren't limiting protected employee speech and to be sure...
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...Collective Bargaining My Name here February 24, 2013 The University Collective Bargaining It is common to define collective bargaining as a negotiation between an employer and trade union. Collective bargaining, however simple that short definition may be, is a complex labor process defined by several discussion topics; collective bargaining is governed by strict definitions and rules, extensive long-standing laws that support it, and specific methods and people to administer agreements reached in the collective bargaining process. The best way to discuss collective bargaining is to approach each of these topics in order to round out the full spectrum of knowledge required to full understand and define collective bargaining with ease. In this paper, you will approach each of these complex topics with the intent of learning more about collective bargaining. The best approach is to begin by defining collective bargaining. Defining Collective Bargaining Collective bargaining is the process by which employers and a group of employees negotiate and agree upon the scope of employment relationships (wages, hours, working conditions, benefits, other employment terms). The employees are typically represented by a labor union in collective bargaining. In the US labor system, when collective bargaining leads to mutual agreement of the sides, the agreement terms become the basis of a Collective Bargaining Agreement (CBA) or union contract that is a legally enforceable...
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...A PROJECT REPORT ON “HR POLICIES AND ITS IMPLEMENTATION” AT “HERITAGE FOODS INDIA LIMITED” PREFACE Human resource management is concerned with people element in management. Since every organization is made up of people, acquiring their services, developing their skills/ motivating to high level of performances and ensuring that they continue to maintain their commitments to the organization which are essential to achieve organizational objectives. This project is meant to know the Human Resource Policies in the organization. The HR Policies are a tool to achieve employee satisfaction and thus highly motivated employees. The main objective of various HR Policies is to increase efficiency by increasing motivation and thus fulfill organizational goals and objectives. The objective is to provide the reader with a framework of the HR Policy Manual and the various objectives that the different policies aim to achieve. The main focus was on the managerial levels of employees in HERITAGE FOODS INDIA LIMITED. ACKNOWLEDGEMENT This report is an outstanding prospect to convey my gratefulness to those many people whose timely help and guidance went a long way in finishing this project work from commencement to achievement. I would like to express my sincere thanks to Mr. Nitin V Asalkar (Sr. Manager-Human Resource and Administration) for giving me an opportunity to explore the practical knowledge practiced by...
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...ARGUMENT AND CITATIONS OF AUTHORITY I THIS COURT SHOULD AFFIRM THE DISTRICT COURT’S ORDER AND JUDGEMENT BECAUSE THE APPELLANT FAILED TO SHOW THAT THERE WAS A GENIUINE DISPUTE AS TO ANY MATERIAL FACT THEREFORE FARM TOWN MORTGAGE IS ENTITLED TO JUDGEMENT AS A MATTER OF LAW. TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 DOES NOT INCLUDE TRANSSEXUALS AS A PROTECTED CLASS FROM DISCRIMNATION IN THE WORK PLACE THUS, THE APPELLANT’S APPEAL FOR SEX DISCRIMINATION SHOULD BE DISMISSED. The district court’s holding in Lopez v. Farmtown Mortgage Services (FMS) that Title VII of the 1964 Civil Rights Act does not protect transgendered or transsexuals was correct and should be affirmed on appeal. The district court’s grant of summary judgment to FMS demonstrated the plaintiff Veronica Lopez’s (VL) lack of sufficient evidence to prove that there was a genuine dispute as to any material fact for a Title VII discrimination claim. (R. 1.) This Court of Appeals reviews a district court’s grant of motion for summary judgment pursuant to federal rule 56(c) de novo. (R. 1.) According to Title VII of the Civil Rights Act of 1964(Title VII), it shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color...
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...TORTS OUTLINE 1) INTENTIONAL TORTS (3 -5) a) Intent b) Battery c) Assault d) False Imprisonment e) IIED f) Tresspass to Chattels g) Conversion 2) PRIVILEGES (5 - 7) a)Consent b) Self Defense c) Defense of others d) Defense of Property e) Recovery of Property f) Necessity g) Authority of Law h) Discipline i) Justification 3) NEGLIGENCE (PAGES 7 - 11) a) History b) Elements of A Cause of Action c) A negligence formula d) Standard of care i) The RPP ii) The Professional iii) Aggrivated Negligence e) Rules Of Law f) Violation of Statute (NEGLIGENCE PER SE) i) Applicability of Statute ii) Effect of Statute g) Proof of Negligence i) Court and Jury: Circumstantial Evidence ii) RES IPSA LOQUITUR 4) CAUSATION IN FACT (11 - 12) a) Sine Qua Non b) Proof of Causation c) Concurrent Causes d) Problems Determining Who Caused the Harm 5) PROXIMATE CAUSE (12 - 14) a) Unforeseeable Consequences b) Intervening Causes c) Public Policy d) Shifting Responsibility 6) JOINT TORTFEASORS (14 - 17) a) Liability and Joinder of Defendants b) Satisfaction and Release c) Contribution and Indemnity d) Apportionment of Damages 7) DUTY a) b) c) d) e) OF CARE (17 - 19) Privity of Contract Failure to Act Pure Economic Loss Emotional Distress Unborn Children 8) OWNERS AND OCCUPIERS OF LAND (19 - 21) a) Outside the Premises b) On the premises 1) Trespassers 2) Licensees 3) Invitees 4) People outside the established Categories i) Children ii) Persons Privileged to enter outside of Owners consent iii) Rejection...
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...TORTS OUTLINE 1) INTENTIONAL TORTS (3 -5) a) Intent b) Battery c) Assault d) False Imprisonment e) IIED f) Tresspass to Chattels g) Conversion 2) PRIVILEGES (5 - 7) a)Consent b) Self Defense c) Defense of others d) Defense of Property e) Recovery of Property f) Necessity g) Authority of Law h) Discipline i) Justification 3) NEGLIGENCE (PAGES 7 - 11) a) History b) Elements of A Cause of Action c) A negligence formula d) Standard of care i) The RPP ii) The Professional iii) Aggrivated Negligence e) Rules Of Law f) Violation of Statute (NEGLIGENCE PER SE) i) Applicability of Statute ii) Effect of Statute g) Proof of Negligence i) Court and Jury: Circumstantial Evidence ii) RES IPSA LOQUITUR 4) CAUSATION IN FACT (11 - 12) a) Sine Qua Non b) Proof of Causation c) Concurrent Causes d) Problems Determining Who Caused the Harm 5) PROXIMATE CAUSE (12 - 14) a) Unforeseeable Consequences b) Intervening Causes c) Public Policy d) Shifting Responsibility 6) JOINT TORTFEASORS (14 - 17) a) Liability and Joinder of Defendants b) Satisfaction and Release c) Contribution and Indemnity d) Apportionment of Damages 7) DUTY a) b) c) d) e) OF CARE (17 - 19) Privity of Contract Failure to Act Pure Economic Loss Emotional Distress Unborn Children 8) OWNERS AND OCCUPIERS OF LAND (19 - 21) a) Outside the Premises b) On the premises 1) Trespassers 2) Licensees 3) Invitees 4) People outside the established Categories i) Children ii) Persons Privileged to enter outside of Owners consent iii) Rejection...
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...More Than a Numbers Game A Brief Histor y of Accounting Thomas A. King John Wiley & Sons, Inc. More Than a Numbers Game More Than a Numbers Game A Brief Histor y of Accounting Thomas A. King John Wiley & Sons, Inc. Copyright © 2006 by Thomas A. King. All rights reserved. Published by John Wiley & Sons, Inc., Hoboken, New Jersey. Published simultaneously in Canada. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, (978) 750-8400, fax (978) 646-8600, or on the web at www.copyright.com. Requests to the Publisher for permission should be addressed to the Permissions Department, John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030, (201) 748-6011, fax (201) 748-6008, or online at http://www.wiley.com/go/permissions. Limit of Liability/Disclaimer of Warranty: While the publisher and author have used their best efforts in preparing this book, they make no representations or warranties with respect to the accuracy or completeness of the contents of this book and specifically disclaim any implied warranties of merchantability...
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...AN EXAMINATION OF DISCRIMINATION AGAINST TRANSGENDER AMERICANS IN THE WORKPLACE HEARING BEFORE THE SUBCOMMITTEE ON HEALTH, EMPLOYMENT, LABOR AND PENSIONS COMMITTEE ON EDUCATION AND LABOR U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS SECOND SESSION HEARING HELD IN WASHINGTON, DC, JUNE 26, 2008 Serial No. 110–99 Printed for the use of the Committee on Education and Labor ( Available on the Internet: http://www.gpoaccess.gov/congress/house/education/index.html U.S. GOVERNMENT PRINTING OFFICE 43–027 PDF WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate 0ct 09 2002 10:55 Dec 17, 2008 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 G:\DOCS\110TH\HELP\110-99\43027.TXT HBUD PsN: DICK COMMITTEE ON EDUCATION AND LABOR GEORGE MILLER, California, Chairman Dale E. Kildee, Michigan, Vice Chairman Donald M. Payne, New Jersey Robert E. Andrews, New Jersey Robert C. ‘‘Bobby’’ Scott, Virginia Lynn C. Woolsey, California ´ Ruben Hinojosa, Texas Carolyn McCarthy, New York John F. Tierney, Massachusetts Dennis J. Kucinich, Ohio David Wu, Oregon Rush D. Holt, New Jersey Susan A. Davis, California Danny K. Davis, Illinois ´ Raul M. Grijalva, Arizona Timothy H. Bishop, New York ´ Linda T. Sanchez, California John P...
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...Transactions and Strategies Economics for Management This page intentionally left blank Transactions and Strategies Economics for Management ROBERT J. MICHAELS Mihaylo College of Business and Economics California State University, Fullerton Australia • Brazil • Japan • Korea • Mexico • Singapore • Spain • United Kingdom • United States Transactions and Strategies: Economics for Management Robert J. Michaels Vice President of Editorial, Business: Jack W. Calhoun Publisher: Joe Sabatino Sr. Acquisitions Editor: Steve Scoble Supervising Developmental Editor: Jennifer Thomas Editorial Assistant: Lena Mortis Sr. Marketing Manager: John Carey Marketing Coordinator: Suellen Ruttkay Marketing Specialist: Betty Jung Content Project Manager: Cliff Kallemeyn Media Editor: Deepak Kumar Sr. Art Director: Michelle Kunkler Frontlist Buyer, Manufacturing: Sandee Milewski Internal Designer: Juli Cook/ Plan-It-Publishing, Inc. Cover Designer: Rose Alcorn Cover Image: © Justin Guariglia/Corbis © 2011 South-Western, Cengage Learning ALL RIGHTS RESERVED. No part of this work covered by the copyright hereon may be reproduced or used in any form or by any means— graphic, electronic, or mechanical, including photocopying, recording, taping, Web distribution, information storage and retrieval systems, or in any other manner—except as may be permitted by the license terms herein. For product information and technology assistance, contact us at Cengage Learning Customer & Sales Support...
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...Marketing DeMystified A Self-Teaching Guide Donna Anselmo New York Chicago San Francisco Lisbon London Madrid Mexico City Milan New Delhi San Juan Seoul Singapore Sydney Toronto Copyright © 2010 by The McGraw-Hill Companies, Inc. All rights reserved. Except as permitted under the United States Copyright Act of 1976, no part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written permission of the publisher. ISBN: 978-0-07-173718-0 MHID: 0-07-173718-9 The material in this eBook also appears in the print version of this title: ISBN: 978-0-07-171391-7, MHID: 0-07-171391-3. All trademarks are trademarks of their respective owners. Rather than put a trademark symbol after every occurrence of a trademarked name, we use names in an editorial fashion only, and to the benefit of the trademark owner, with no intention of infringement of the trademark. Where such designations appear in this book, they have been printed with initial caps. McGraw-Hill eBooks are available at special quantity discounts to use as premiums and sales promotions, or for use in corporate training programs. To contact a representative please e-mail us at bulksales@mcgraw-hill.com. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that neither the author nor the publisher is not engaged in rendering legal,...
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...Oracle® Trading Community Architecture Reference Guide Release 12.1 Part No. E13569-04 August 2010 Oracle Trading Community Architecture Reference Guide, Release 12.1 Part No. E13569-04 Copyright © 2003, 2010, Oracle and/or its affiliates. All rights reserved. Primary Author: Ashita Mathur Contributor: Ajai Singh, Amy Wu, Anish Stephen Avinash Jha, Harikrishnan Radhakrishnan, Leela Krishna, Nishant Singhai, Ramanasudhir Gokavarapu, Shankar Bharadwaj Oracle is a registered trademark of Oracle Corporation and/or its affiliates. Other names may be trademarks of their respective owners. This software and related documentation are provided under a license agreement containing restrictions on use and disclosure and are protected by intellectual property laws. Except as expressly permitted in your license agreement or allowed by law, you may not use, copy, reproduce, translate, broadcast, modify, license, transmit, distribute, exhibit, perform, publish or display any part, in any form, or by any means. Reverse engineering, disassembly, or decompilation of this software, unless required by law for interoperability, is prohibited. The information contained herein is subject to change without notice and is not warranted to be error-free. If you find any errors, please report them to us in writing. If this software or related documentation is delivered to the U.S. Government or anyone licensing it on behalf of the U.S. Government, the following notice is applicable: U.S...
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