But a federal law enforcement agency called EEOC (Equal Employment Opportunity Commission) has the power to file discrimination suits against employers on behalf of alleged victims and to arbitrate claims of discrimination faced. This questions what importance and significance the employment contract holds where it’s clearly stated that all disputes are to be handled by binding arbitration. This could mean that the employer can face arbitration with the employee and litigation with EEOC that violates the original contract. Also, EEOC has the authority to decide which claim is appropriate and which claim serves public interest and I don’t agree with that 100%. In this official legal analysis paper, I would like to evaluate EEOC vs. Waffle house, which is the back bone of my paper along with my analysis and vision and EEOC’s outlook on importance of contracts with the help of their trial attorney.
NEWCORP LEGAL SCENARIOS BUSINESS LAW Legal Encounter 1 In the given situation NewCorp is liable for having to follow the guidelines of what the handbook states on the given situation with Pat. Pat has the right to sue NewCorp given the fact that when he was hired on he signed the handbook which in it, it has a section that is Notice of Unsatisfactory Performance/Corrective Action Plan. In this section of the handbook it states that if any employee has a deficiency in their job they are to be put on a Corrective Action Plan and if the performance does not improve they can be terminated. Therefore in a court NewCorp can be found in breach of contract, since the employee handbook is a signed contract. As well as the fact that Pat feel that because of him voicing an opinion on the school board, which has nothing to do with NewCorp, this may
I recommend the company should respond to the former employee’s charge of constructive discharge by first apologizing. This former employee has had a negative impact on their life do to our company, and an apology would not hurt the situation. The government has various laws and statues pertaining to constructive discharge, management needs to avoid anything that could be misconstrued as discrimination in the work place. Alternative Dispute Resolution (ADR) refers to processes and techniques of resolving disputes that fall outside of the judicial process (Alernative Dispute Resolution Law & Legal Definintion, 2011). Legally, this could save the company bad publicity, a great amount of stress, and money that isn’t necessary to spend.
In Terban v. Department of Energy, 216 F.3d 1021, 1024 (Fed. Cir. 2000) the employee must show that he was coerced by the company and had no alternative but to resign as a result of improper acts. There was no reference to this in the resignation letter by the employee. See also Statts v. U.S.
So what is a whistle blower? According to Black’s Law Dictionary, a whistleblower is an employee who turns against their superiors to bring a[n] problem out in the open. BusinessDictionary.com states that a whistle blower is a person who discloses improper or criminal activity within an organization. Finally, under Sarbanes Oxley, “A “whistleblower” is someone, usually an employee, who reports an employer who has broken the law to an outside agency.” Under this very important act, whistleblowers are protected by federal and state laws. Employers may not retaliate against them for reporting misconduct.
When an employer is willing to fire an employee, he should make a report with basic information on the causes of the dismissal accordingly to the employee’s performance. In conclusion, I personally think that depending on the case we are dealing with, either one would be fair and just, but I strongly support that any dismissal has to have a strong reason for it to occur, can be professional or even personal, but a main reason and not just the will of a person. 2º a) Brief for Iron Dynamics Inc v. Alstom Power.  Plaintiff Iron Dynamics Inc. (IDI) brings this suit as a result of its purchase of certain industrial equipment from Defendant Alstom Power Inc. (Alstom)  IDI claims that Alstom breached the purchase agreement for the equipment and breached certain express and implied warranties arising therein.  Alstom expressly disclaimed these implied warranties and excluded consequential and incidental damages in the purchase agreement.
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.
It is a federal law which is known to protect one’s job although it does not pay you (Bennett-Alexander, 2007). It is Cost Club law that you cannot use sick leave to care for your children, it would be discrimination based on family relations. You can’t discriminate for or against. Cost Club will allow you the opportunity to use FMLA or prepare adequate accommodations in taking care of your children. The company does not release employees on the basis of your children being ill, although any job can dismiss an employee for missing too much work.
The petitioner, Vance, alleged that Davis, whom Vance claimed was her supervisor, had created a racially hostile work environment in violation of Title VII. Under EEOC’s guidelines, it states that for harassment to be unlawful “the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people” (Harassment). Furthermore, if the harassment stems from a supervisor, the company is held liable for the harassment charges, in this case Ball State University (BSU) would be held liable but only if Davis was indeed the supervisor. In this particular case, Davis and Vance are mere co-workers and the only way BSU would be held accountable is if they took no action against complaints filed by Vance, which they did follow through
In this paper Team B will explain the scope of Title VII and its applications in the workplace. We will address the history and evolution of Title VII and its amendments, the application of Title VII and amendments in the workplace, who is covered and not covered under Title VII and its amendments, how disparate impact discrimination and disparate treatment discrimination occur under Title VII and their implications. Lastly, we will also discuss policies that companies must have in place to avoid violations of Title VII and its amendments and how the law defines sexual harassment and employers’ responsibilities for addressing employees’ complaints in the work place. The History & Evolution of Title VII & its Amendments (PDA, ADA, ADEA) Today's employment practices were