Employment contract Essays

With an employment contract, it is the responsibility of the employer to treat all employees fairly and terminate them only for a "good or just cause". Therefore, before an employer fires an employee, there is a need to check whether there is an employment contract (Mordsley & Wall,1983) The definition of a good or just cause is having a valid reason for discharging the employee from

What is an employment contract? An employment contract is a written legal document that lays out binding terms and conditions of an employment relationship between an employee and an employer. Differences exist in private and public sector employment contracts because the goals of an employment contract are different in each sector. Why have an employment contract? For the employer, an employment contract gives him/her security that the employee knows what is expected of him/her as well as of

to better themselves is something that Smith Accounting Firm likes to support. Offering a contract mutually compatible for the employer and employee for furthering ones education will be set forth. The type of contract along with conditions of the contract will be spelled out for consideration. Lastly, ethical concerns about the contract will be discussed. Type of Contract This is a bilateral contract between Smith Accounting Firm and Employee One. The offer is to pay up to, but not exceeding

Robert Sindermann taught for four years on consecutive yearly contracts as a non-tenured professor at Odessa Junior College. During this time he also served as the elected president of the Texas Junior College Teachers Association. Sindermann was publically vocal about his objections regarding the College Board of Regents position on staying a two year college rather than becoming a four year institution. In 1969, he also wrote an article that was published in a local paper further asserting his

offeror makes a promise in return for an act. Ali’s advertisement is considered as a unilateral offer since the contract is based on being automatically accepted without the need for negotiations as he states in the advert. ‘’ the rug will go to the first person who accepts it’’. A similar case is the Carlill v Carbolic

through Labour Tribunal as an unreasonable dismissal and the company breaches of terms of employment contract to apply for order of re-engagement or award of terminal payments against employer. As Stephen didn’t have a serious faults during work time, Shirley could not summarily dismiss him. Therefore, Stephen can claim back the wages due for work done and wages in lieu of notice of termination of a contract is needed without giving the required notice. Also, Stephen had worked there for 14 years

agent acts negligently out of his employment with the principal, the principal is not liable for damages caused by the actions of the agent. The agent has a specific job to do. He had to deliver the merchandise to the particular customer for the principal. The employee was responsible for promoting their actions with the client, by helping to get the goods inside of the store that caused the old break. In addition, the actions of the agent out of his employment created a relationship between the

If he did not like the outcome, he could then turn to arbitration or litigation. Although ADR would provide a quicker means for Margolin and the two companies to reach an agreement, there are some disadvantages. First, for both forms following the ADR the companies could continue to do business as they were previously. Additionally, the public may never hear of the case. Mediation may lead to the companies trying to over power Margolin into reaching an agreement that does not give him all the

is not so clear that a breach of contract has occurred. The following are prime examples of the complexities involved in non-compete agreement cases. Gossard v. Adia Services, Inc., 723 So.2d (Fla. 1998) In Gossard, Plaintiff Richard Gossard, a franchisee of Nursefinders filed a suit against Adia Services Inc. for interfering with the performance of a non-compete agreement. In 1986, Gossard negotiated an agreement with Carr, founder of Nursefinders. The contract contained an exclusivity clause which

natural disasters like floods and earthquake, fire, and some events like accidents under this doctrine (“Publications/Veneble Mobile Site”). During these events, the healthcare staffs are not to hold negligent. The force majeure clause is also a contract provision that sets the person or persons free from performing their responsibilities and obligations when there are certain events that are beyond their control which makes their obligations impossible, impractical, illegal and inadvisable. This

“A tort is a civil wrong for which the remedy is an action for unliquidated damages and which is not exclusively the breach of a contract, or the breach of a trust, or the breach of other merely equitable obligation”- Salmond The words ‘tort’ has originated from the Medieval Latin word ‘tortum’ which literally means injustice. But to be more specific, torts law is a vast branch of law which deals with civil wrongs like negligence (of different sorts), battery, harassment and trespass among others

Methods of resolving interpersonal conflict Early studies by Blake and Mouton [1] originally proposed five different methods of conflict resolution – Smoothing, Compromising, Withdrawing, Forcing and Confrontation or Problem Solving. These methods can be summarized as follows: • Smoothing – Differences are avoided while common interests are emphasized resulting in issues that may cause hurt feelings not being discussed. • Compromising – No clear winner as an intermediate position is found through

Introduction A contract is defined as an agreement between two or more parties to perform a service, or to provide a product or commit to an act, and is enforceable by law. In order to create an enforceable contract there must be an offer from one person requesting another person to do or not do something. The offer has to be accepted in order to be valid. In this paper I will discuss how a contract can be valid or not by providing the five elements of a contract that must exist order for the contract to be

handbooks be considered contracts I would say no. My reasoning behind why employee handbooks should not be considered as contracts is due to I essentially see employee handbooks designed to provide employees with valuable and insightful information about the policies, benefits, guidelines, and practices you have as an employee. Moreover, the policies and procedures within the employee handbook primarily summarizes the information of employment and are not conditions of employment. Furthermore, employee

a binding contract that would support the employee’s breach of contract claim? Even though this was at-will employment, the company’s loss-prevention policy manual was an implied contract and therefore binding and part of the manager’s employment agreement, supporting the employee’s breach of contract claim; however, it is hard to tell without seeing and reading the actual loss-prevention policy. If the loss-prevention policy had a disclaimer stating that it was not a binding contract, it would

Introduction Page Title page (Contracts) In the health care sector, contracts are an essential tool for documenting the rights, responsibilities, and obligations of parties involved. They outline in detail each party's obligations towards one another, including how these duties should be achieved. Contracts serve as a valuable resource for parties to uphold their commitments and pledges. Health care facilities and medical professionals should adhere to well-defined guidelines outlining their responsibilities

HOW AN EMPLOYMENT CONTRACT MAY TERMINATE AT COMMON LAW Not all persons who perform work for others are employees. It is critical for employers to identify which individuals who work for them are employees in order to be aware of the extent of their obligations towards their workforces. A number of key pieces of legislation containing employment law rights apply only to “employees”, as defined in the relevant legislation. An example of this is the right to claim unfair dismissal. Other pieces of

cause of the problems, Wonder Widgets may be liable for damages. However, the sales contract contained a merger clause which limited wonder Widget’s liability. A merger clause, when included in a contract, cause the contract to become the complete agreement of the parties (Mallor 471). This means that any terms that were discussed prior to the contract, that are not included in writing, do not apply. The sales contract signed by CelTel that contains the merger clause limited damages to the lesser of

ruling of the National Labor Relations Board regarding Browning-Ferris Industries could have a huge impact on contract employment (National Labor Relations Board, 2015). According to Forbes, America’s workforce is 15.9% contract employment (Pofeldt, 2015). The free market could potentially have more regulations and make it harder for business minded individuals to pursue contract employment. The most significant impact this could cause is the downfall of small businesses and more regulations for them

As times are changing, many employers are now utilizing the need for including employment arbitration agreements. Furthermore, arbitration agreements are everywhere nowadays and more than likely we have all signed one without actually realizing it. Hence, they see so many advantages by implementing arbitration clauses. So in response to the question, my answer would be yes, I would advise employers to utilize arbitration agreements because they generally result in being less costly in terms of