Monday, April 1, 2019
Employment Law and Human Resources
engagement Law and charitable ResourcesChristopher SerranoWeek Two AssignmentWhat do you designate are some of the f symboliseors in the modern rifleplace that contribute to a theft of era? How can those factors be managed?Theft magazine occurs when an employee boast their time, such as taking extended breaks, arriving late, leaving early, unnecessary time and excessive internet usage for non related work. The biggest influences to the theft of time in a deskbound job is the use of internet for non related work purposes. It is very tempting for an employee to waste time when they are in from of a com composeer browsing online especially reading their affable media status. One other study contributing cause to the theft of time is when an employee make their workday taking private calls to deal with personal situations. Although these forms of theft of time can miss from the attention of the employer, there are things that a company can do to celebrate employees from st ealing time.One of the most effective way to prevent theft of time is to block certain websites, such as social media outlets especially Facebook. When an employees notice that certain websites are block, they are less presumable to visit that website again. Companies can in any case monitor their employees by implementing the use of time and attendance software with the use of biometric scanner that requires employees to check in and check out when they arrive, leave, take breaks, and lunch breaks. The use of biometric and attendance system ordain warrant that employees scan themselves in and out without the assistance of a co-worker do it for them.2. What does the word Whistleblower mean (legally speaking)? Give an example of whistleblowing.A whistleblower is a person who reports inside knowledge of illegal act occurring in a business and notifies the government of an unlawful act act by that company. The Whistleblower Protection Act (WPA) of 1989 was enacted to safeguard wor kers who report major violations of the law from being discharged or otherwise penalized against by their employers. To transmute for whistle-blower protection, an employee must provide a written disclo certainly regarding a violation of state or federal law through (1) mismanagement, (2) misdirect of authority, (3) substantial waste of public funds, or (4) danger to public wellness and/or safety. (Moran, 2013)An example of whistleblowing is when the origin CIA contractor Edward Snowden exposed the US learning of collecting millions of internet data and ph unmatchable records from the Americans.3. Retaliation has become one of the most often cited reasons for employees filing charges with the EEOC against their employers. Please define retaliation in the legal, employment sense and explain when it is illegal. What can an employee do when they feel they retain been retaliated against and for what reasons does retaliation rise to the level of an EEOC lawsuit?Retaliation is whe n an employee retaliates against its former employer for curse and discrimation. If an employee feel that theyve been retaliated against, they can file a claim with Employment sufficient Opportunity Commission for wrongful discharged. Although, here are several factors forward filing a lawsuit which includes the seriousness of the violation, the type of legal issues in the case and the wider impact the lawsuit (EEOC.Gov).4. During the course of a day, employee Jennifer Anniestown (an distinguishant) constantly opens and updates her Facebook account on her iPad, checks on her lottery ticket numbers, calls and talks to her mother for 30 minutes, her children for 10 minutes (she makes sure they puzzle home safely each day) and her husband every afternoon for 15 minutes to see if he or she is making dinner that night. Her employer, Billybob Thornblower listens to each of her phone calls to make sure that she isnt talking to his wife, one of her good friends, close his actions at work. (He is always hit on the salesgirls, in a good-natured way.) Billybob ends up being dismissed for sexual harassment when one of the salesgirls complains. Jennifers new boss, Tracy, notices that Jennifer is doing a ton of personal work during company time. There is no written policy about this issue at the company. To date, Jennifers work is exemplary. She always has everything done in a timely manner and her books balance at the end of every day. What should Tracy do about this situation?Tracy should warn Jennifer of this behavior originally reporting her to Human Resources. Even though Jennifer is very good at what she does and can get her assigned task done in a timely manner, Tracy should severalize her that she is committing theft of time and wasting companys money by taking awe of personal matters during companys time. If this behavior continues, Tracy should sit down with her and write her up for motion improvement review to give her one more chance before terminati ng her employment.5. Last month, Steven Smith was hired as the secretary for lawyer Wayne Wright, who has a drinking problem. Waynes last secretary quit when Wayne tried to get her to go out with him on a date. So far, Steven and Wayne have gotten along peachy. Steven is subpoenaed to prove in the harassment lawsuit of Waynes former secretary, and says (under oath) that Wayne has treated him great, but that Wayne also admitted he had asked the secretary out on dates regularly and grabbed her inappropriately. Steven is telling the truth. A few weeks later, Wayne and his firm lose the harassment case and have to leave the prior secretary back pay and reinstate her to her job as part of the damages in the case. The firm terminates Steven so that they can put the old secretary back in her job. Steven asks you what you think he should do. What do you say?As an advisor to Steven, I would advise him not to retaliate because as part of the court order, Waynes firm have to reinstate the fo rmer secretary back in her job. I would also remind him that he was an at-will employee therefore his former employer doesnt require to give him reason as to wherefore they let him go. Lastly, I will tell Steven to reach out to Waynes occasion and ask if he can use them as a file name extension and ask for recommendation for future employment opportunity since he had a good relationship with Wayne.ReferencesMoran, John J. Employment Law, 6th Edition. Pearson Learning Solutions, 01/2013.VitalBook file.file a Lawsuit. (n.d.). Retrieved, from https//www.eeoc.gov/employees/lawsuit.cfm
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