The court affirmed the dismissal of plaintiff and acceptance claims under Title VII. The court ruled in the favor of employer. 4. The reasoning behind the court’s decision The decision of the court was based on the US employment law of Title VII which allows employers to avoid sexual harassment liability if the employee fails to take benefit of employer’s preventive measures. Hardage was familiar with the anti-discrimination policy of CBS, still he did not involve the company in the matter.
In this case, Dyer bought a vehicle from Walt Bennett Ford. Even though she received a contract for the transaction, the salesperson assured her that the tax on the vehicle was paid by the seller. The contract had a clear statement of being the final agreement and any other agreement will not be considered part of the clauses of the transaction and the buyer or seller cannot uses any other proof to justify any terms not covered in writing in the contract. Dyer sue Walt Bennett on the basis of breach of contract and Walt Bennett argued on the basis of absence of parole evidence rule. The parole evidence rule requires, in the absence of fraud, duress, mutual mistake, or something of the kind the exclusion of all prior or contemporaneous oral or written evidence that would add to or vary the parties’ integrated written contract.”(Mallor, 2013, Pp448-451).
Right to work laws manage the extent to which a union can require an employee to become a member, and to pay union dues. Right to work laws can require and employee to become a member and to pay union dues either before or after the said employee has been hired. Right to work laws do not aim to provide a general guarantee of employment to anyone that may be seeking work. Right to work laws are rather a government regulation on the agreements
• A financial asset is considered to have value if it has the ability to generate positive cash flows. • A financial asset is considered to have value if it is acquired at its market value • A financial asset is considered to have value if it is acquired a its book price. When determing the value of a firm, which of the following statements is true? • The timing of cash flows a firm can generate is very important in determing the value of a firm. All else being equal, cash received sooner is better.
OSHA also requires public postings of workplace safety and the employees rights granted under OSHA. Federal Trade Commission The Federal Trade Commission Act of 1914 established the Federal Trade Commission (FTC) to set regulations and oversee corporations to prevent unfair trade practices. The FTC under this act is charged to: • Prevent unfair methods of competition, and unfair or deceptive acts or practices in or affecting commerce • Seek monetary redress and other relief for conduct injurious to consumers • prescribe trade regulation rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices • Conduct investigations relating to the organization, business, practices, and management of entities engaged in
Employment-at-Will Doctrine Long Q Nguyen Dr. Charity Lanier Law, Ethics, & Corporate Governance Strayer University Employment-at-Will Doctrine Broadly speaking, the employment at will doctrine states that either the employer or the employee may terminate the relationship without cause and without notice. However, federal and state laws restrict full authority of the employment at will doctrine. As Chief Operating Officer, I have a civic duty to act not independently in my own title, but instead I will have to act accordingly under the employment-at-will doctrine and within the scope of my authority. This evaluation of the employment at will doctrine seeks to provide an overview of its roots. This evaluation also seeks to identify
Since this particular store is located in a right-to-work state, I can assume that the discharged employees signed an at-will-employment agreement which notifies them of the company’s right to terminate their employment without notice. Reducing Employee Costs According to (Bennett-Alexander & Hartman, 2007), the definition of an employee differs depending on the statute, case law, and other analysis. For example, the Retirement Income Security Act defines “employee” as “an individual employed by an
To: CEO From: HR Re: Memorandum Regarding Constructive Discharge Question presented: How the company should respond to claim regarding constructive discharge in new policy. 1. Whether the doctrine of constructive discharge is relevant Constructive discharge is “a termination of employment by making working conditions so intolerable that an employee feels compelled to leave.” Garner, Bryan A. Blacks Law Dictionary (West Group 2009). Although courts may differ throughout the states, there are generally two main elements to any constructive discharge case: 1) an employer makes a change in working conditions and 2) the change is so intolerable that any reasonable employee would leave.
In the first situation the challenge is whether the employer should follow the contract that was agreed upon with the National Labor Relations Board or not. One point of view is that the employer should follow the contract that was agreed upon. The agreement stated that the employer was going to reinstate and pay a certain amount of back pay to each illegally discharged person. By law once a contract is made and agreed upon, both parties are liable for following through with their part of the contract. Secondly, if the employer does follow through on his part of the agreement he can be charged with breach of contract.
(Twomey, 2013). It is illegal for companies to fire employees for declaring their rights under the state and federal antidiscrimination laws. An employee can bring a reprisal claim even if the discrimination claim doesn't work out. (Nolo, 2014). For example, if you fire an employee for complaining that you denied a promotion because of race, you could lose a retaliation lawsuit even if a judge or jury finds that your promotion decision was not discriminatory.