A young man is arrested on charges of attempted murder. The is then taken to the local jail where he is…
Employment relationships are presumed to be “at-will” in all U.S. states except Montana. The U.S. is one of a handful of countries where employment is predominantly at-will. Most countries throughout the world allow employers to dismiss employees only for cause. Some reasons given for our retention of the at-will presumption include respect for freedom of contract, employer deference, and the belief that both employers and employees favor an at-will employment relationship over job security.…
References: Muhl, J. (2001) The employment-at-will doctrine: three major exceptions Retrieved April 13, 2012 from findarticles.com/p/articles/mi_m1153/is_1_124/ai_71704724…
Chapter four in Sandel’s book “Justice” talks about markets and morals. In this chapter we consider the morality of paying people to perform different types of work such as fighting wars and bearing children. The question that stands is whether there should be a market, when money is involved, to the aspect of morality. One good example that Sandel portrays in this chapter is “Pregnancy for Pay.” Thinking through the rights and wrongs in this example helps clarify the differences among leading theories of justice.…
As a result, such an argument works in favor of the employer and eliminates the issues that organizations face with union employment since workers cannot hold the management hostage. If employees demonstrate they risk being dismissed and others getting hired. Further, through the employment-at-will clause, employers can escape unnecessary lawsuits that lead to loss of income from litigation expenses.…
1. How is employment-at-will applied in your organization or in one with which you are familiar? To what extent do the exceptions to employment-at-will limit its application in the organization? How might managers in the organization use knowledge of employment-at-will and its exceptions to protect the interests of the organization?…
Aiii) Employment law exists to uphold the rights of the employer and their employees and to prevent any exploitation.…
"Employment tribunals were established under the Industrial Training Act 1964. They were previously referred to as Industrial Tribunals, but their name was changed by s1 of the Employment Rights (Dispute Resolution) Act 1998, which took effect on 1 August 1998"(J.Nairns,2011,p.6). Now, HM Courts & Tribunals Service which is an executive agency of the Ministry of Justice, supervise employment tribunals. Employment tribunals are constituted on the basis of region. In England and Wales, there are 11 regional offices of the Employment Tribunals(ROETs). There is Regional Office in each region which copes with claims from applicants in that geographical area. "Any appeal from the Employment Tribunal would be heard in the EAT(Employment Appeal Tribunal), from there by the Court of Appeal and then the House of Lords"(J.Nairns,2011,p.6). There are 9 offices of the Employment Tribunals(OETs) which are subordinating to specific ROETs where hearings occur. Nevertheless, OETs are administered by the relevant ROET under the auspices of the regional Chairman(Dennis Hunt, 2005). The jurisdiction of employment tribunals was not completely statutory until the Employment Tribunals Extension of Jurisdiction Order 1994. "When an employee is dismissed, she may well have a claim for breach of the contract of employment as well as a claim for unfair dismissal and it seemed absurd that the two claims could not both be brought in the same court. The problem was highlighted when the Wages Act 1986 was passed and apparently provided an avenue for bringing contract claims in rocketed, indicating the need for such a mechanism"(Gwyneth Pitt, 2004, p.14). That's why employment tribunals created.…
The Due Process clause of the 14th Amendment, at least when it first began, had a procedural understanding in the Court. The Court identified the clause to protect intrusions of liberty by the States without the proper process of law (fair trial, jury of peers, etc.) The Court, in the transitional era, developed a new understanding of the Due Process clause. The question asked was no longer about the presence of the process, but about the validity of the law at its core.…
POL 201 Week 5 Final Paper Civil Liberties, Habeas Corpus, and the War on Terror…
Public policy exceptions to at-will employment are recognized to varying degrees by many states. In the employment relationship, public policy violations normally involve employee termination for refusing to violate the law, exercising or fulfilling a legal right or duty, or disclosing law breaking by an employer. (Bennett-Alexander, 2007, pp. 28-31)…
In the Judiciary Act of 1789, the courts granted the power to issue habeas corpus to prisoners in federal custody. What does the United States do with enemy combatants? Should they be protected under habeas corpus? In this paper, I will discuss the role of habeas corpus and if it should be used on enemy combatants of war on terror.…
himself because he’s mad at his son for what he did but still loves him.…
1. How is employment-at-will applied in your organization or in one with which you are familiar? To what extent do the exceptions to employment-at-will limit its application in the organization? How might managers in the organization use knowledge of employment-at-will and its exceptions to protect the interests of the organization?…
AiiI) The list of reasons of why employment law exists is extensive, but not exhaustive. To give it a brief definition, it is to “prevent exploitation of employees by the employer”. It minimises unfairness throughout the work place for all parties involved and covers a plethora of areas, ranging from providing employees with minimum wage guidelines to not discriminating against personnel for their ethnicity or any other reason.…