The state at which the Anderson Cost Club store is located is a right-to-work state, in which people own the right to determine upon joining or financially substantiating a union. This has no relationship with the reasons involved in terminating employees from Cost Club. This termination was done by the GM of the store as an action preceding the process of downsizing. Despite this being a valid reason, the GM was unsuccessful in documenting this information during the termination and stated that he trusted that the restriction to fire employees was unavailable. However, this argument is not legitimate. If the store is located in an at-will state, then the employer holds the right to terminate an employee, unless the involvement of any contract, even without any lawful reason. Even in this case, it is…
Ms. Granbury can claim illegal discharge through citing breach of an implied contract. The handbook lists a number of grounds on which an employees’ employment may be terminated. It…
1. Information Systems Manager. The objective of this project is to develop an integrated system to improve day-to-day operations of Spa Works as well as to offer better reporting in the accounting and human resources. As a result, the IS manager of Spa Works has been chosen to serve on the committee to ensure the strategic IS planning is aligned with the company’s overall strategy. IS manager will advise on the hardware and software (software upgrades) that must be purchased to ensure smooth functionality of the system applications. The IS manager will also endorse an effective and efficient system design so that everyone across the organization is able to use it trouble-free. Being on the advisory board, IS manager will facilitate proper security and recovery software and will develop strategies for training the existing and new personnel if required. Spa Works’ IS manager will also ensure that a set of adequate IT policies is in place and the new system complies with…
According to an article in the University of Chicago Law Review, courts generally apply two tests when deciding if constructive discharge has occurred. The first is the reasonable person test, meaning that the working conditions are so intolerable that a reasonable person would conclude that resigning is the only recourse. The second is the specific intent test. The plaintiff must show that the employer “created those conditions with the specific intent to cause the employee to resign” (Finnegan, 1986). Mr. Anderson’s case is unlikely to pass either test. According to the production manager, no other employees have resigned or come forward with complaints about the new schedule. Also, the new schedule was implemented solely as a response to increased production demand. It was enforced across the board among all production staff. Meeting minutes and administrative emails prior to the scheduling change do not indicate any intent to make Mr. Anderson or any…
Message 1: In regards to the situation at our Anderson location where the GM terminated two employees without providing a reason for discharge, the company may be at risk for a wrongful termination discharge lawsuit. The risk will increase if the GM is not able to provide sufficient documentation or other evidence of the appropriate reason for his decision. The GM choose to exercise the definition of at-will employment by “viewing the employment relationship as one to where there is no contractual obligation to remain in the relationship; either party may terminate the relationship at any time, for any reason, as long as the reason is not prohibited by law, such as for discriminatory purposes” (Bennett-Alexander & Hartman, 2007, p. 25). To minimize risk, we will need to partner with the GM to understand how he determined what two candidates would be selected for termination and how that information was communicated to the employee.…
Audit Engagement Partner – the audit engagement partner is someone who has industry knowledge and will have the final responsibility for the audit engagement. Arnold Anderson, CPA, has been assigned to be the lead partner for the Apollo Shoes, Inc. audit for the period ending December 31, 2014, and fulfills the necessary requirements.…
A constructive discharge arises when a wage earner maintains the organization forced him/her to step down because working environments were made unbearable. The claim of constructive discharge under the Title VII Civil Rights Act of 1964 by Mr. X, is unjustified. The employee notifying the company that he was upset with the scheduling change in the production area never filed a complaint. Furthermore, Mr. X did not allow the organization the opportunity to respond to the claim. Thus, the organization was not aware the production schedule change created an unbearable working environment.…
However, there are issues that should be addressed by the General Manager that could prevent the possibility of costly, public litigation due to a charge of wrongful discharge or a breach of the covenant of good faith and fair dealing. Since all information presented indicates that the employees were of good merit; the employees should have received an explanation of the rationale behind the downsizing decision, especially if there were other employees of similar tenure and performance who could have been eligible for downsizing. The employees need to be made fully aware of their rights.…
From the interaction does it seem to you that Alan is actively listening? Why or why not?…
1. Whether Jane, a minor, would be able to file a petition for asylum on her own behalf?…
Format: Use the memo format in Figure A-9 in Appendix A; Figure A.9 is also located in the Doc Sharing area of the course.…
Depending on how companies classify contingent or temporary workers, they can offer companies cost savings as a short-term benefit to protection under the employment laws. There are situations an employer hires seasonal and part-time workers through staffing firms. Hiring a temporary worker is the reduction in unemployment claims. The claims are absorbed by the staffing company or shared rather than consumed totally by the employer. Most temporary employees do not have an investment in the company where they are recruited to work. On the other hand a permanent worker poses commitments and investment in the employer. Human resources capital is very expensive and proper balance of the types of classification of personnel…
I am writing you this memo in compliance with the mandatory mediation requirements issued by the court. I would first like to state to you my stance in this case. I have been dealing with this particular vendor for about six months now. The business relationship started after my wife and I visited Mrs. Doe’s Sunday school class in Huntsville, Alabama. I was there in support of my wife and to explore the Christian religion, but in small talk Mrs. Doe informed me of her family’s grape vineyard and the value of a certain natural product they produced. My natural herb store was in need of some new products for my customers so I agreed to try Mrs. Doe’s product in my store.…
1. What is the legal issue in this case? Linda Dillon appealed her case against her employer, Champion Jogbra, on the grounds of wrongful termination. The company’s progressive policy for disciplinary action was not applied. Therefore, Dillon makes her claim that her at will status was modified according to the employee handbook and practices. Employee’s handbook should be written clearly and reviewed by legal experts (Walsh, 2010). Champion Jogbra countered that Dillon was an at-will employee and she could be terminated at any time. Dillon also, argues against that the summary of promissory estoppels is incorrect. Champion pointed out that the policies and procedures contained in the manual are for guideline purposes only, not contractual. The policies and procedures are not any part of a contract or a commitment to employees. The courts decided the disclaimer in the handbook could create an implied contract to the employees, even though the disclaimer statements states otherwise. The disciplinary system as outline in the employee handbook was inconsistent with the at-will language relationship, disclaimer statement and the companies progressive discipline policies. Handbooks when originally devised the method to counter labor union efforts, they have “become much more legally binding” as courts have found parts to be, in effect, promises or contracts. As stated by, Allen Weitzman, with Proskauer Rose Law Firm in Florida, “That’s why every word counts,” (SHRM). When issuing employee handbooks employers should ensure every word that is in the handbook count and they are not conflicting in nature.…
How would you characterise employee representation in the UK workplace? To what extent do you agree with the argument that the UK is ‘lightly regulated’ in this regard?…