The liabilities BUGusa, Inc. may have with Walter’s actions are intentional tort of employee and negligence of employee. Walter is responsible for his actions, but because he is working within the scope of this employment, WIRETIME, Inc will be held liable for his actions. Keeping Steven for six hours can be considered false imprisonment and that he was threatened with bodily harm only made the case for Walter and WIRETIME, Inc worse. Walter could have received the same information by contacting a supervisor and notifying them of Steve’s actions. The first tort to discuss is intentional tort.
Legal Process MGT 434 University of Phoenix October 12, 2009 Legal Process An employee of a private sector organization feels as though his employer has discriminated him against. John wants to find information on how to process a complaint of discrimination against his employer. This paper will provide information on the steps John will need to follow in filing a complaint with the Equal Employment Opportunity Commission (EEOC), mediation, investigation, findings and judicial review. Filing a Complaint The EEOC provides an avenue for workers to voice their complaints when they believe their employer has violated their rights. The individuals with a similar situation as John can file a charge of discrimination.
Workplace confidentiality requires that this information be identified and secured to prevent unauthorised access or release of the information and includes everything from policies on workplace Internet usage to nondisclosure agreements in employee contracts. Breaches of workplace confidentiality can result in a range of problems. Customers tend not to work with companies they think are untrustworthy, and consumers may specifically warn people away from companies that have mishandled private information like addresses, purchasing records, and credit card numbers. Companies can also experience compromises in their long term business plans if information about products in development or ideas a company is considering are released
The law on confidentiality and restrictive covenants are in place to ensure that employer’s business interests are protected. Employers may rely on mechanisms such as the confidentiality clauses and restrictive covenants to protect their businesses from damaging competition, disclosure of trade secrets and confidential information. The objective of these provisions is to avoid employees from abusing they employer’s business interests when the employment has come to end. The degree of protection provided to employers differs if the employee has ended the contract of employment. The implied duty of fidelity protects business interests and imposes a obligation employee must not disclose any information or trade secrets of their employers business.
(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.
Hardage claimed that he was constructively discharged because of hostile work environment. US Supreme Court put liability on CBS to assert affirmative defense (Walsh 286). The company can successfully assert affirmative action in this case. 2. The legal issue to be decided The issue is about the sexual harassment of an employee by his supervisor.
In the primary interest of our entity, its incumbent upon employers to find a right balance between the exceptions to the employment-at-will doctrine to avoid liabilities associated with the violations of the exceptions. The company in this scenario has grounds to terminate the supervisor, but I would issue him/her a written warning hoping that this situation can be resolved among us within our company. This is the case where the potential act of whistle blowing would help reveal the wrongdoing of the business world. I strongly believe that it takes a special person with strong morals to take the ramifications of whistle blowing. Losing a prized job, having to down size your life, and your life being wide open to scrutiny are effects of whistle blowing.
Contract Provisions Management has the right to terminate ay employee when the company feels that an employee has violated company policy such as the anti-nepotism policy or in any area that is not in compliance with company best practices. The union has the right to grieve any action taken by the company violates employee rights as provided in Article IV of the CBA. Position of the
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.
The employer is not required to institute a policy of special treatment for an employee at the expense of other employees. The court affirmed that the purpose of Title VII is to decrease discrimination, not to create discrimination against some employees in order that others can respect their own holy