They were unsupervised during these overtime hours and reportedly were very productive. Paul, the production manager, began to enact policies to improve production efficiency and decrease cost. He called his supervisors together and told them to maintain stricter discipline from their employees, and if they failed to do so they would likely be replaced. This fostered antagonism toward the supervisors from employees. I (Pat) then called a meeting to announce that the plant you be moving to a 10 hour a day 4 day work week and that all overtime would now need to be preapproved by Paul.
When Pat was hired she was given an employee personnel manual. The employee manual implies the existence of a contract. In addition, the Notice of Unsatisfactory Performance/ Corrective Action Plan stated that (“If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a Corrective Action Plan. If the employee performance does not improve to a satisfactory level within the specified period of time, termination will follow”). That corrective action limits Newcorp freedom to fire Pat at will.
When a resignation is received, HR should take reasonable steps to do an outtake interview with the employee to find out why they are leaving and whether the company can take steps to improve the work environment. These outtake interviews should be kept in company records should a complaint arise, so that it can be demonstrated that the company did not have the requisite intent to constructive discharge employees. Finally, the company should make it a policy to address all employee complaints. This will not only foster better communication with employees, but allow the company to demonstrate that it has not constructive discharged an
The first thing that should be done to insure that employers and the HR department generate a handbook that outlines in clear and concise language the policies regarding the FLSA wage and overtime to include the steps to file a complaint. 2) One mistake made by employers that gets them in problems with FLSA regulations is when employers misclassify their employees. In order to prevent this from happening employers should revise their employee’s job descriptions, by insuring that classifications are clearly defined. This should include what are end employees primary responsibilities and any additional responsibilities assigned to
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
Legal Encounter One The biggest liability issue that NewCorp will face with Pat is over a claim of wrongful discharge. This will be based on NewCorp’s personnel manual that states that employees will be placed on a corrective action plan to improve performance before termination. No correction plan was given to Pat by his boss before being discharged. Pat will also be able to argue that in receiving the NewCorp personnel manual, an implied contract of employment was agreed upon based on the policies contained in the manual. The fact that he was discharged shortly after the school board meeting in which he shared views contrary to those held by some of our senior management should have no basis on any legal proceedings.
They did not follow the proper procedures for the offense when terminating some employees. Management also disregarded the Merit Rule for dismissal supported by just cause. Before DelDOT management took the actions that they did with all employees involved, they should have consulted with their human resources department. Human resources should have told the managers the proper way to proceed with the disciplinary actions to all involved. They could have explained to the managers that immediate termination is not the proper form of discipline for the offenses mentioned.
Tell employees salary increases must cease to finance the collective bargaining agreement. Explain current employee benefits to the LPNs, comparing them to the union promises. Threaten to close the facility due to the union campaign. Assist in the circulation of antiunion petitions. Counter union exaggerated claims on flyers.
‘Because we walked past them to the computer at the far-right end of the room and i thought it's unfair.' So, the manager acknowledged her mistake, apologized and asked my client politely but he said, ‘his fine that he'll work on the system.’ The limitation i faced by conflict of interest was centered on the organization’s job policy as i would have liked to persuade him to join them as a platform for him to interact with others. I had to seek for help from my Peer involvement Coordinator on the pros and cons of supporting service users and he said, I am not allowed to persuade or influence their decision on a particular course of action, among others. The two examples would have my client benefited from an Independent Advocate but the second example is more likely as an independent advocate is concerned with working from a person centered perspective. The reason being that, it enhance a better support , to focus on an acceptable outcome, to give information to enable him to make an informed decision, to see him as having the most specialized knowledge of his life, wishes and feelings,
A strike is a concerted effort by a group of workers to withhold their labor from their employer for the purpose of effecting favorable changes in wages or working conditions, or both, or for winning employer recognition of labor union representation. Strikes can take different forms: a primary strike is a stoppage aimed at the direct employer; a sympathy strike occurs when employees refuse to work in "sympathy" with others directly involved in a dispute; and a sit-down strike happens when workers stop work and decline to leave the employer's premises in order to prevent the hiring of replacements. A wildcat strike is one that occurs without formal union authorization, and a general strike is an effort to stimulate a generalized work stoppage and has political overtones. All of the above have been common in the United States, with the exception of the politicized general strike, a technique that is