Discrimination: Unlawful Termination In The Workplace
Unlawful termination is unfair to any employee regardless of race, nationality or origin. Unlawful termination is when an employee has been fired from his or her job for what some would indicate or say the wrong reason. Unlawful termination or wrongful termination is against the law, no matter what state the individual may be from. There are also laws that protect the employee from wrongful termination. When it comes to unlawfully terminating an employee and the employee happens to be an illegal alien, the employer should not be reinstated for employment. The illegal alien is more concerned about his or her illegal status because of their risk of being caught and deported by Immigration Naturalization. When the employee is an illegal alien, the individual is in the country illegally and the rights of he or she are limited due to the fact that they are not supposed to be in the country and are not under the same employment laws (Chapman, 2009). Many of the companies have an advantage among business that employ illegal aliens, …show more content…
The company can just pay the lost salary to the worker and allow her or she to remain terminated because of illegal status. Employing illegal immigrants can cause major problems for the company and the immigrant. Under the federal law, it is illegal for an employer to hire illegal aliens whom are not authorized to work in the United States. This includes the hiring of contractors who search and hire illegal immigrants. The courts have implemented criminal and civil penalties associated with this conduct. When the employer hires a new employee, the company must provide work authorization for new hires. The employer must take the time to fill out an I-9 for each employee three days after the employee is hired, the company can also be faced with civil and criminal charges (Malik,
NAACP V. North Hudson Regional Fire & Rescue: Case Study
759 Words | 4 PagesThe Title VII’s disparate-impact provision inhibits employment practices that have the unintentional effect of race discrimination (Walsh, 2016, p.114). Even though Congress enacted Title VII for the main purpose of confronting racial discrimination in the workplace, courts have continued to struggle to appropriately address the prevalence of subtle racial discrimination that burdens minority applicants/employees today (Ritenhouse, 2013). Another legal issue included in this case is North Hudson refusing to implement non-discriminatory hiring procedures that do not disproportionately exclude African-Americans from employment without evidence of business need. The employer also refused to correct the effects of previous discriminatory practices. As an end result of this case, the District Court held that the employer’s business-necessity justification was insufficient and that there were alternative means to achieve the goals stated that were less
How And Why Do You Believe These Actions Were Discriminatory
353 Words | 2 PagesWhy do you believe these actions were discriminatory? The first case file with EECO by Tanya Conde girl friend of Samuel Varriano Maintenance #3 who was fired from Pitt University .The defendent 's in case Robert Godzik, William Franicola supervisor and Pitt University was dismissed . Now Robert Godzik and Pitt University have confidence themselves this isn 't a hostile work environment .With
Court Case Of Drake And Keeler
753 Words | 4 PagesIf the employer does, in fact, replace those employee’s positions before they return from the strike then the employer still has to consider the walk-off employees for reinstatement when the position they are qualified for becomes available
Ricci V. Destefano Case Study
1548 Words | 7 PagesCharles Mitchell (2013) went on to say, “by not promoting the more successful White employees, was this an act of illegal disparate treatment under Title VII (p. 43)? The U.S. Supreme Court ruled that it was illegal disparate treatment. Assisting the U.S. Supreme Court in their ruling is the established Uniform Guidelines on Employment Selection Procedures (UGESP). The guidelines state, when an employer determines that adverse impact was evident in its testing process, they shall (1) valid the procedures (test), (2) confirm the linkage to its job, (3) consider alternative testing procedures (Mitchell, p. 45).
The Lockheed Martin Corporation: Age Discrimination Case
240 Words | 1 PagesAccording to an article on Law.com, The Lockheed Martin Corporation was ordered “To pay $51.5 million, including $ 50 million in punitive damages, in an age discrimination suit”. (Toutant, 2017) The plaintiff in the case, a former engineer at Lockheed Martin accused the company of laying of older workers to hire younger workers for the same positions. Robert Braden, plaintiff, also alleged the company never provided a reason or manner in which they decided who they would lay off. While the article is does not specifically mention the facts that were presented in court, one must conclude based on the outcome of the case, that there was sufficient evidence by the plaintiffs or lack of explanation by the defense which led the jury to decide in the favor of the jury.
Powerlessness In Eric Schlosser's Food Nation
417 Words | 2 PagesMost workers are forced to stay silent because of their social, economic and class status. In most cases, immigrants without any documentations suffers the worst kind of working conditions because they are powerlessness in the hands of corporate
Reduction In Force Case Study
505 Words | 3 PagesYour district must implement a Reduction in Force (RIF) based on declining enrollment and budget cuts. You have recommended a list of teachers from your school to the superintendent. One of the teachers on the list had previously filed an EEOC suit against you alleging discrimination regarding a department chair’s position that she was not awarded. You know that she will allege retaliation as the basis for her layoff.
Jim Crow Laws In The 1800's
434 Words | 2 PagesEven though it is illegal to not hire someone due to their race, it still happens in most parts of the south. Many Places in the south are still very segregated with a large majority of African Americans living around the same places the Jim Crow Laws made their Grandmothers and Grandfathers live. Racism is very alive in the south due to the deep history of slavery and hate crimes that took place in the 1800’s. Those beliefs were passed from generation to generation causing the south to gain the type of reputation it has today, Another example of the Jim Crow Laws still affecting today's world has to do with the new voting laws that requires a government standard I.D in order to vote, Which does not seem racist until you look at the facts and realize 25% of African Americans do not have that form of I.D on them. The Jim Crow Laws may not officially be laws anymore but, due to these laws being around and having such a deep impact on the south and other parts of the country in the past, as sadly impacted today’s society.
1st Amendment Issues In The Workplace
303 Words | 2 PagesIn the case of Allen Lopez and ExtremeNet, I think firing Allen Lopez would not violate his civil rights. Based off the information given, Allen Lopez didn’t discuss the
Unocumented Workers: Hiring Undocumented Workers
698 Words | 3 PagesAlthough the employer signed an agreement to reinstate the workers, by knowingly reinstating the undocumented workers, the employer will face additionally chargers as the firm will be in violation of both IRCA and the Legal Arizona Worker Act laws. It is never public or legal policy to violate laws in order to protect the employment rights of individuals that are not legally residing in the country. If the workers are allowed to be reinstated, then it would set a precedent in which undocumented workers would be pursuing the same rights as legally employed individuals. The law the NLRB enforces gives employees the right to act together to try to improve their pay and working conditions, with or without a union. If employees are fired, suspended, or otherwise penalized for taking part in protected group activity, the National Labor Relations Board will fight to restore what was unlawfully taken away.
Anti Discrimination In Texas
1035 Words | 5 PagesThe Department of Labor uses various methods to ensure that companies are in compliance such as investigators. When any violations are found, they make recommendations to employers. If any of the organization willfully violates the laws then they are criminally prosecuted and can be charged a fine $10,000 or above. If organization is convicted a second time then it results in imprisonment. If the employers repeatedly or deliberately violate the overtime pay requirements or law of minimum wage then they are subject to civil money penalties of approximately $1,100 per
The Jungle: The Plight Of Immigrant Workers
1777 Words | 8 PagesThe lack of “worker protections and basic labor rights…[for] unauthorized immigrant workers
Hispanics: Discrimination In The Workplace
323 Words | 2 PagesA hispanic female earns roughly 54 cents for every dollar earned by a white. This accounts for a loss of almost $24,000 in a year’s time. In 2012 the jobless rate was 10.3% for hispanics. This is one of the many reasons that a hispanic person has been discriminated at work. A hispanic not only get discriminated in their workplace
Time To Let Them Go Essay
629 Words | 3 PagesBeing able to clearly show a history of problems will avoid discrimination litigation, wrongful termination lawsuits and may even result in their unemployment insurance claim being denied. This is because workers who are terminated for ‘gross misconduct’ are not eligible for worker’s compensation. Therefore, make sure all relevant performance information is properly documented in the employee’s file. As a result, you will be able to calmly and concisely explain the factual reasons for the termination.
Business Ethics Case Study: What Is Foxconn's Ethical Issue?
803 Words | 4 PagesWhat is Foxconn’s unethical issue? In mid 2010, Foxconn Technology Group (Foxconn) was facing a crisis of having its workers held protests and riots against the company in Shenzhen, China. Being the world’s largest contract electronics manufacturer (Pun, 2010), the company exploited its migrant workers by providing them with exceptionally low pay and allowing unacceptable number of overtime working hours in the manufacturing site. Such method of raising workers’ efficiency is unethical in the eyes of many.
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