Confidentiality - Workplace confidentiality is a framework of workplace procedures and policies designed to maintain the integrity of confidential or potentially compromising information handled in the workplace. For certain types of information, there are laws about how the information should be handled, designed to maintain privacy for people trusting companies with confidential information. For others, no specific laws dictate information handling practices, but the workplace develops best practices on the grounds that the information should be
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.
The employer cannot disclaim liability simply by showing that the employee had been directed not to do what he did. The employee viewed the stealing of the shipment necessary in order to impress the employer, and assumed that he would be commended for what he did even though it more than likely would have been forbidden by his employer. Therefore, this act that the employee did was infact within the scope of employment for purposes of respondeat superior since the employee was acting on the task, and that the assumption that the employee would perform such
N.L.R.B. v. FRIENDLY CAB CO., INC., 512 F.3d 1090 (9th Cir. 2008) OPINION by CALLAHAN, Circuit Judge: Congress enacted the National Labor Relations Act ("the Act") to protect the right of employees to participate in collective bargaining for the purpose of negotiating the terms and conditions of their employment. In an effort to avoid an application of the Act and its concomitant collective bargaining requirement, Friendly Cab Company, Inc. ("Friendly") maintains that its taxicab drivers are independent contractors, rather than employees, and are therefore excluded from the protections of the Act. After conducting an unfair labor practice proceeding, the National Labor Relations Board ("NLRB" or "Board") concluded that Friendly's taxicab
The company at hat served the public best would be favored in a competitive situation C. My opinion is that there should be a balance between competition and government involvement. A competitive situation would keep utility employees striving to satisfy the needs of their customer. Without competition some employees could become indifferent to customer satisfaction as the customer can not go anywhere else. Government involvement would be important by setting standards that must be adhered to by competing companies as far as level of service and also ensure that the competing companies can not fix pricing to consumers and artificially control what the consumer will
SOX also sought to strengthen consumer and investor confidence and confidence in financial information by changing the auditing procedure and making management more accountable for fraud prevention, catching, and existence within the pot. Lastly, it shielded whistleblowers from corporate retribution and endowed them with protecting freedoms. Based on aforementioned information, I would like to consider the implementation of SOX would have been an immediate check to financial statement fraud in its initial launch in 2002; unfortunately, there will invariably be somebody who believes she is above reproach and disregards societal measures of intellect, decency and control to pursue her own
If this was not the case, Congress would not have enforced the Sarbanes-Oxley Act. In 2002, the financial scandals that occurred by multiple corporations proved that the accounting profession was in dire need of some regulation by the government. I predict that corporate fraud will remain the same based on the research produced during the writing process for this assignment. There is no fool proof way to completely diminish financial fraud or to protect investors. As people as a whole have proven time and time again, there are rules and laws and there are people whom break those rules and laws for personal gain.
The Wagner Act gave unions the right to organize workers without being harassed or intimidated by employers. It established a National Labor Relations Board, which had the responsibility to assure that elections to determine if a union would represent workers would be fair and to oversee the collective bargaining that took place between unions and management after a company was unionized. The Wagner Act allowed workers to strike, picket, and boycott business with which they were having disputes. It made illegal so-called company unions, which were employee organizations sponsored by employers. It also outlawed blacklisting, intimidation, and industrial spies.
Happy Trails, LLC have the right to campaign just as the union organizers do. (National Labor Relations Board, 2013) This could be a pamphlet that discusses the pros and cons of unionization and what unionization could mean to them in their industry. This information should try to be as non-biased as possible to show the staff that the organization can be trusted not to provide false claims. I would also advise this employer not to say anything derogatory about the union but instead state the benefits of a non-union environment. Tell employees they do not need to talk to union organizers, that they can vote against the union, and that the independent living home does not welcome the
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.