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Legal Issues of Business Organizations - Essay Example

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Legal Issues of Business Organizations Name of Student Institution of Learning Introduction The application of law in business can sometimes be controversial and demanding in terms of financial output. In most businesses, the law might be partly applied because of several reasons, which differ from one company to another…
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Download file to see previous pages The leave is only given because of three reasons; First, in case of birth or the employee has to take care of the employee’s eligible child or, when the employee has to provide foster care or adopt a child. Second, if the employee has to offer care to his/her immediate member of the family, including child, spouse and parent whose health condition is serious. Third, if the employee has to take care of own health condition that is serious according to the physician. During this period, the employee is not eligible to get his salary, but entitled to group health advantages. Considering the provisions, the twins were eligible children of the Employee A; he was entitled to a maximum leave of 12 weeks. As well, employee A’s spouse gave birth to twins prematurely, meaning that, it might have caused serious health complications. Therefore, he was obliged to stay with her as she recovered from her health condition. Since the Act provides for an employee to take care of spouse’s health, the leave was justified. According to the Act, the leave is unpaid. Therefore, Employee A was wrong to request for the withheld salary. The manager acted within the legal requirement for not approving payment to the employee who was granted leave under such circumstances. In situation A, the act was not violated. Section B Analysis of situation B regarding the Age Discrimination in Employment Act of 1967 According to the provisions of the Age Discrimination in Employment Act of 1967 (ADEA), the employees who have reached 40 years, or older than that age are protected in the workplace (EEOC, B, 2008). It prohibits all forms employment discrimination in relation to the employee’s age. Under the act, it is illegal to discriminate the employee about his/her age from enjoying the privileges, terms and conditions of employment, such as hiring, compensation, firing, benefits, promotion, job assignments, layoff, and training (EEOC, B, 2008). The Act also provides that, the older employees should be favored with such employment privileges, terms and conditions, even if the practice would affect the junior workers, below the age of 40 years (EEOC, B, 2008). In addition, the Act prohibits retaliatory actions on the employees who are opposed to the discriminative practices on gender, or someone who has filed a discrimination petition on age factors, testified against such discriminatory acts, and investigating such practices (EEOC, B, 2008). Considering situation B, it was illegal to discriminate Employee B on employment promotion simply because he/she was 68 years. From the situational analysis, Employee B has been in the company of 42 years and his/her performance record was above average. This might be as a result of the long experience that he/she had in the company. Indeed, the employee seems to have mastered the ways of doing the work effectively, which resulted to exemplary performance. Therefore, promoting a younger worker whose performance was only adequate, because he/she was 32, years contravened the provisions of the Act. The management of the company should have favored the older employee because he was above average and the law protects them from all forms discrimination regarding the employees age. Precisely, the law ...Download file to see next pages Read More
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