Otherwise the employees are to file a claim for wrongful termination and the possibility being awarded compensatory damages and punitive damages. Pat Quintana, the executive of human resources has concerns the company will lose this case if reasons for the discharge is not documented. The Anderson Cost Club Store could be sued for wrong termination under Title VII of the Civil Rights Act of 1964. This act into place to help shape our country with employment right. Title VII of the Civil Rights Act of 1964 (a) It shall be an unlawful employment practice for an employer, (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, or national origin; or (2) to limit, segregate, or classify his employees or applicants for employment in any way which, would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee because of such individual’s race, color, religion, sex, or national origin. Title VII of the Civil Rights Act of 1964, as amended, 42 U. S. C. A. sec. 2000e et seq. , sec. 703 (a) (Bennett?
Alexander? Hartman, 2007).
Pablo, one of the employees fired on Monday is a Hispanic male and Sue is an African American women. Pablo will have to prove to the court, the general manager chose to terminate him because of his nationality. Pablo said his work was superior, and he received two bonus incentives, made employee of the month for January, February, and July, and received an annual merit increase within the last year. Pablo feels as though, he work harder than anyone in his group and always willing to give his teammates a help hand. Sue is the only African American women within the group and was the last member of the group to be hired.
The Essay on Sexual Orientation and Employment Non-discrimination Act
Team B’s compromise or alternative to existing solutions within the homosexual community (a) There are many issues that affect homosexuals, lesbians, and bisexuals. (b) Should civil rights laws protecting employees from discrimination also outlaw discrimination on the basis of sexual orientation? (c) In 34 states, it is still perfectly legal for lesbian and gay employees to be fired simply because ...
Even though Sue had one demotion for work performance, she said that general manager target her because of her color, and she refuse to meet with him outside of work. These kinds of acquisitions can cause the company to payout thousands of dollars. Even though we work in right-to-work state, if we go against any law listed under the Title VII of the Civil Right Act will lose this case. In 1991, The Civil Right added remedies to benefit the employees. These remedies were compensatory damages, which employees are “Money awarded to compensate the injured party for direct losses. Compensatory damages may include future pecuniary loss, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other no pecuniary losses.
Punitive damages are permitted when it is shown that the employer’s action was malicious or was done with reckless indifference to federally protected rights of the employee (Bennett? Alexander? Hartman, 2007; “p” 87).
This memo is recommending the general manager of Anderson Cost Club needs to have documents on all his employees. The suggestion for this case will be a lost to us because we have no reason to fired Pablo, his work performance, and attendance was on target. The acquisitions made by Sue have to be proven not true. She also can fall under the retaliation policy. In Message two, Chief Executive Officer (CEO) is looking for ways to reduce employee costs. Cost Club workforce is 100% of fulltime and part- time employees.
The Chief Executive Officer wants to reduce employee cost by hiring independent contractors and temporary employees. I think we can accomplish this by following the laws. First I think we need to see what kind of contracts was sign during orientation. If no contract or agreement exist we can first follow the steps of “The Worker Adjustment and Retraining Notification (WARN)” This notification should be given 60 days in advance if we are planning to displace more than 50 employees. If we do not comply with the WARN, employees can recover pay and benefits. As long as we are acting in good faith and not breeching any contracts any legal action could be taken.
The Term Paper on Reasonable Working Hours Work Workers Actu
For nearly three years, one of the main activities of the Australian Council of Trade Unions (ACTU) has been to conduct a campaign for "reasonable working hours." It commenced with a survey completed in October 1999, which linked the sharp increase in working hours over the past two decades with stress-related illnesses and workplace accidents. Apart from occasional media releases, the "campaign" ...
Reviewing articles to hire temporary workers and independent contractors, these workers are difference from regular employees. Independent contractors are a person who contracts with a principal to perform a task according to her or his own methods, and who o is not under the principal’s control regarding the physical details of the work. A contingent worker is one whose job with an employer is temporary, is sporadic, or differs in any way from the norm of full-time employment. As used by the EEOC, the term “contingent worker” includes those who are hired by an employer through a staffing firm as well as temporary, seasonal, and part-time workers, and those considered to be independent contractors rather than employees (Bennett? Alexander? Hartman; “p” 21, 2007).
Hiring employees as independent contractors we have no say on how they produce or complete the work. We would save on not paying taxes, benefits, and any workers compensation. Independent contractors are paid for work complete, and they provide their own tools and equipment. If the CEO feels as though he wants to discontinue the position, and he can eliminate staff members at any time without giving any notice or severance pay. I think this is good money saving to reduce cost for the company. In message three, safety manager is concerned about three cases that Club Cost may held liable for. 1. Employee physically harm a customer 2. Employee damage a customer’s property 3. Realtor enter an agreement without consent
Even though we do not condone any of the three situations listed above, we may be liable for the actions that took place. Vicarious liability explains “The imposition of liability on one party for the wrongs of another. Liability may extend from an employee to the employer on this basis if the employee is acting within the scope of her or his employment at the time the liability arose (Bennett? Alexander? Hartman; p. 8, 2007).
The Essay on Employee Vs. Independent Contractor
... determined by an employer, uses company supplies, and the company usually provides the training. Both an employee and independent contractor are required to pay taxes ... to describe their employment situation, such as freelancers, consultants, self-employed workers or entrepreneurs.” (para. 1) Carrying the status of Independent Contractor is not ...
But if the three individuals sue us we can go after the employees or real estate agent for reimbursement. I find most companies just write off the settlement as a business expense. Message four states that several employees may file lawsuits if we cannot resolve disagreement between our business and the employees.
Under the arbitration agreement “any dispute or claim concerning Employee’s employment with [Employer] or the terms, conditions, or benefits of such employment, will be settled by binding arbitration. ” Through alternate dispute resolution (ADR) can save us money, time, and embarrassment in the public sector. Management should consider the four types of process that could work best for our company. 1. A written document explaining the employment relationship. 2. Independent contractor should be paid on job complete. 3. No training offer to independent contractors 4. The risk of misclassification I think the best solution for our company will be number one a written document explaining the employment relationship between us and the employees.
The written agreement will allow to identify who will be responsible for income taxes payment, health benefit and office expenses. Message five it stated that you was asked to complete employee training session that covers best practices in promotion, and performance evaluation of employees. Disparate impact may be determined by a number of methods, the most common of which is described in the guidelines as the “four-fifths rule” In conclusion I hope this information help you make the best decision on how to precede with each cases. References Bennett-Alexander, D. D. , & Hartman, L. P. (2007).
Employment Law for Business (5th ed. ).
: The McGraw-Hill Companies.
