Employment Law Case Study

This is not necessarily standard, but it may be able to be negotiated in some cases. • The other terms may be negotiable as well. Each topic—the length of time, the geographic scope, the compensation, and the defined competition—might be a negotiating point that makes the agreement more palatable. Employees may also try to negotiate that the agreement should be voided if the employee is terminated, thus reducing the risk.

Benefits for employees are key to the worker’s future or retirement. Benefits are also another reason why many people choose to work at that specific place of profession. Employees with families have to look for the benefits to help with their children’s future and health. An excellent example of a workplace with employee benefits is Costco. Costco employee’s starting pay is $11.50 an hour.

The 1990 case of Employment Division v. Smith is about Smith and Black who were both members of a Native American Church and counselors at a private drug rehabilitation clinic. They were both fired because they had taken peyote as a part of their religious ceremonies, at that time the possession of peyote was a crime under the State law. The counselors filed for unemployment in the state, but were denied by the Employment Division because the reason for their unemployment was work-related misconduct. Smith and Black argued, stating that under the First Amendment the government is forbidden from prohibiting the "free exercise" of religion in this case the free exercise of peyote. Court of Appeals reversed the ruling, saying that denying them unemployment benefits for their religious use of peyote violated their right to as it was a part of their religion.

Vanessa Best October 9, 2015 Legal, Safety, and Regulatory in the Workplace HCS/341 Regulations, Legal, and Safety within Human Resource Management Human Resource management, Legal, Regulations, and Safety "Common sense and compassion in the workplace has been replaced by litigation." In my opinion I think I would have to disagree because not all companies and organizations aren’t like that. But, at the same time the quote focuses on how people in companies feel there isn’t any form of compassion and common sense awareness applied to the work environment. Now, it’s all about what they and you can do to make sure the organization or the company doesn’t get sued or lose money from an employee mistake or human resource

All these benefits to the employee could cause employers to look at FMLA in a negative light. However, with some creativity and resourcefulness the once negative employee support tool can become strength of the department. Cost and liability are the major concerns of the employer immediately with regards to FMLA. Cost is listed first, for the reason that the route of all decisions is “how much will it cost?” This question is heard all too often and is on the forefront of every manager’s mind.

The FMLA law stands for the Family and Medical Leave Act of 1993. This law helps cover some aspects of employee sick leave, what type of leave the employee is entitled to, and what laws and regulations that the employer should follow with all of its employees. This act helps employees by giving them all the way up to 12 weeks of unpaid sick leave for their own serious health problems/illnesses, the adoption or birth of a child, and/or to care for an ill child, spouse, or parent. This part of the act stipulates that any business with 50 or more employees must provide this service to all employees who qualify. In certain cases, the employer also has the right to utilize the qualifying employee 's paid annual or sick leave as a part of the whole

During an interview, employers are searching for those who can accomplish the daily tasks that are required of the applicant. However, the most important thought shared between the employer and the job candidate is the money. One is thinking “How much do I have to pay out to have him/her on board?” while the other is wondering “How much am I going to receive?”

Unit 7 1.2 Describe ways in which discrimination may deliberately or inadvertently occur in the work setting- Discrimination could occur in a workplace at any time and could be to do with someone’s race, gender, age, disability or sexuality. This could mean that a police or procedure is set in place and is meant to equally refer to all staff working in the setting. This means that if a police or procedure is made clearly to everyone and is equal and not everybody is able to deal with a procedure then this means that they have ben discriminated. Be able to work in an inclusive way 2.1 Identify which legislation and codes of practice relating to equality, diversity and discrimination apply to own role- When working in a childcare setting, all legislation and codes will apply to everyone, this is to make sure that staff understand the Importance of dealing with each situation.

Another example is The Race Relations (Amendment) Act 2000 which protects racial equality and ensures that no person is discriminated against on the grounds of their race. It aims to promote good relations between people of different ethnic backgrounds. A final example is The Human Rights Act 1998 that covers all human rights and ensures that all individuals have rights on their side and can take legal action against any person or organisation that disrespects their human rights. These three example all help to protect individuals from discrimination and reflects the idea that everyone, regardless of individual differences should be treated both fairly and equally.

There are many concepts that underpin discrimination and many theories to draw from this paper will detail and explore the definitions, concepts, and theories such as Stereotyping, Social Identity Theory, and Conflict Theory which are all to the fore in prejudice and discrimination. It will seek to examine current research and suggest strategies based on best practice and evidence to combat discrimination and prejudice within organisations to allow for a healthy productive workforce. Prejudice is an unjustified or incorrect negative attitude in the direction of an individual based exclusively on the individual’s affiliation with a social group, a prejudiced person might not act on their attitude.

According to Stone (2013), discrimination is when another person is differentiate from another groups based on their sex, race, disability, marital and parental status. In the anti-discrimination legislation, it is known as making a group in advantaged and the other are in disadvantaged. Employment discrimination happens when employees and job applicants were discriminated because of their weaknesses, their family medical history, women that are pregnant, or the connection with a certain individual. (Doyle 2017). Discrimination has a lot of type such as discrimination by the society, discrimination that are indirect, harassment, and victimisation.

Most closely related to operations, the decisions can determine how staff are needed and what attributes they will need in order to execute their tasks. Adversely, HR management may generate limits to options available to operations. Perhaps the most important part of the transformation process is human labor. HR management ensures workers are correctly suited to their jobs and ensures all tasks are completed within the business. Communication of decisions made by operations on how to produce a product affects decisions made by HR management with regards recruiting, training and termination of employment contracts.

Benoit defines image restoration theory as strategies used to mitigate image damage following a threat to a reputation (organizational or personal) (Blosenhauer, 2014). As we know that, image is possible a very important concern nowadays. Thus, when reputation is threatened especially during crisis happens, individuals and organizations are encouraged to justify themselves to the attack. Organization works on effort to ensure that crises are anticipated, managed, and evaluated effectively and efficiency before any unfavorable impression is formed.

In a company Human Resource is a very important part of the strategic plan. The HR department is the go-to when a company decides how to approach a problem or gain Ideas. If there needs to be hiring, the HR department will take care of it. They will provide the proper training and tools to achieve the organizations goals. There must be a strategic plan put in place that way everyone is on the same page internally within the company to be successful outside of the company.

When it comes to equal opportunities in the matter of employment, article 16 says that there cannot be any discrimination based on