The issue before the court was whether “an employer has an obligation to reassign a qualified disabled employee to a vacant equivalent position when the employer has an already established policy to hire or promote the most qualified to the position” (Twomey, 2013, p. 566). The appeals court reversed and ruled in favor of Wal-Mart. The appeals court reasoned that automatic reassignment is not required and that the ADA is not an affirmative action statute. The employer had an established nondiscriminatory hiring policy that required everyone to compete so Huber was required to compete. The appeals court held that an employer is not obligated to reassign a qualified disabled employee over a more highly qualified applicant for the position.
The company believes that he is an administrative employee and therefore exempt from receiving over time pay Issue The legal issues in this case is whether not paying Michael overtime pay constitutes discrimination on non-payment of overtime pay as stipulated in Fair Labor Standards Act of 1983 (FLSA) 29 U.S.C. § 207(a), or is he an exempt employee performing administrative duties and therefore not liable for overtime pay. Rule
Our relationship is and will be always one of voluntary employment “at will” (Halbert, 2012, pp. 50-51). I would then have the HR representative show her in the handbook where we, as her employer, reserve the right to terminate any employee due to tardiness; furthermore, the HR representative will explain to her that though she thinks being terminated from our company is “unfair”, that in a court of law it will not be deemed as “wrongful termination” unless our termination of her employment is unlawful. Since Tennessee is an “employment-at-will” state, she has no valid “wrongful termination” claim. Additionally, we will explain that her discharge is not in retaliation for her refusal to violate public policy or for reporting such; Finally, we will explain that
XYZ Corporation To: Memorandum for XYZ, Inc, Senior Staff From: Henry C. Rowland Date: April 20, 2014 SUBJ: Labor Organizing Campaign Executive Summary A business that operates in the U.S. must follow the laws pertaining to employees wanting to form a union. The National Labor Relations Act forbids employers from interfering with, restraining, or coercing employees in the exercise of rights relating to organizing, forming, joining or assisting a labor organization for collective bargaining purposes, or from working together to improve terms and conditions of employment, or refraining from such activity. This white paper will show management’s view and legal steps it can take in regards to the labor organizing
This part sets forth certain rights and remedies with respect to wrongful discharge. Except as limited in this part, employment having no specified term may be terminated at the will of either the employer or the employee on notice to the other for any reason considered sufficient by the terminating party. Except as provided in 39-2-912, this part provides the exclusive remedy for a wrongful discharge from employment. Definitions § 903. In this part, the following definitions apply: (1) "Constructive discharge" means the voluntary termination
An employee also can not be fired “at will” for taking family and medical leave, serving in the military, voting, or jury duty. To protect the right to fire at will, employers ask new employees to sign a written statement agreeing that they are employed at will. Usually the “at will” language appears in the application, the contract or offer letter, or an acknowledgment form from the employee
Id. at 645. The court reasoned that she was not guarded or prevented from exercising her free will to move from place to place, and the supervisor was acting in a customary manner when he gave her the choice to perform a task or wait in an office; therefore, she was not willfully detained. Id. Likewise, in Safeway v. Amburn, the court held that an employer did not willfully detain an employee when the employer confronted him in a logical place without restraint about a matter bearing upon the duty of his job.
You could lose your job and you could have legal action taken against you. | 1.2 Describe how the duty of care affects own work role and how it contributes to the safeguarding and protection of individuals Duty of Care contributes to the safeguarding or protection of individuals | In your role you have a duty of care to raise any concerns you may have about any aspect of your work. These can range from inadequate working conditions, poor equipment, poor practice by other staff; to raising concerns about potential abuse cases and situations of neglect. | It is your duty of care to safeguard individuals from harm. All employees should report any concerns of abuse they have.
What this essentially means is an established union cannot require employees’ to obtain membership, pay union dues or fees as a condition for employment (Bennett-Alexander & Hartman, 2007). Furthermore, this law states a union cannot refuse to pay the costs of arbitrating a grievance because the employees are not members. In effect, refusal to represent the employees violates the duty of fair representation, which means the employees can choose to sue the union. The common misconception is employees think the right-to-work law protects them from termination by the employer for any reason or no reason at all. In effect, the right-to-work law has absolutely nothing to do with employment-at-will, which gives the employer the option to fire without cause, that is, as long as they did not infringe on any rights for states that have exceptions to this
You must take care to establish whether or not there are problems or circumstances in the workplace for which the employee is not responsible that are resulting in the under-performance. Remember such things as discrimination or harassment which may not be readily apparent. If the employee's performance is identified as being unsatisfactory due to illness or a disability, you should, in consultation with your line manager, HR Department or Occupational Health Officer, consider whether any modification can be made to the job (for example, in terms of hours or patterns of work, responsibilities, etc.). Also remember to consider any diversity issues. The possibility that poor performance may arise from misunderstandings due to ethnic/cultural/gender or other issues must also be explored, where relevant, and the problems resolved.