The Interest in Pharmmadix - Assignment Example

 Human Resource - Midterm Question 1 Pharmmadix should revisit the terms and conditions that they have with the salespeople. It should clearly determine whether the sales people are employees or independent contractors from the type of relationship they have and the behavioral and financial controls. Pharmmedix should first determine who should be in control. If it intends to treat the salespeople as independent contractors, then they should not control, in any way, their methods, or how they perform their work. It should also not mind the time they work and how they work. Pharmmedix should also clearly define who would be the supplier of the tools, equipment, and materials that will be required. If it intends to treat the salespeople as independent contractors, then it should not supply the materials that will be used including the gifts, dinners, and enticements. As a matter of fact, Pharmmedix should not care how the salespeople entice their clients. The only interest to Pharmmedix should be the results of the work delegated to the sales people. It is also important that no limits be set on the area that the salespeople should cover. Besides this, Pharmmedix should check whether the job is integral for it, if it is, then the salespeople shall qualify to be employees. The business should also consider the guidelines that are found in the Fair Labor Standards Act. All this information put together will clearly define whether the salespeople are employees or independent contractors (“Independent contractor or employee”, 1999). Question 2 My ruling would be that Sparkev should respect the decision of Very Cool Music, of turning his application. This ruling is focusing on the interests of both Very Cool Music and Sparkev. Very Cool Music has a major aim of creating sales of hip-hop and rap CDs to the youths. This interest will require strategies, which will create attraction to the youths, moreover, the salespeople required should suit the genre of the music they are creating sales for. Sparkev on the other hand is seeking a position that will supplement his social security. The only thing that connects him to Very Cool Music is that he wants to engage with the youths of the world. Very Cool Music, from their objectives, does not seek people who want to engage with the youth, rather, people who the youth want to engage with. Besides that, their main objective being to increase the sales, they want people who can help to achieve this objective and not to satisfy their own desires. The reason for not hiring him is not discrimination as stated in the Employment Act, but it is because he does not fit the job requirements or rather the criteria. The best suggestion of a place that Sparkev would fit would be other programs that deal with the youth, but not with an aim of making sales (Sargeant, 2006). Question 3 Sheephead Bay is liable to any misconduct of any of its employees. The decision of not performing a background check of its new hires is a risk, which is taken so as to solve a particular problem, in this case, to survive the financial crisis. The firm should have therefore weighed and anticipated a certain amount of risk that could possibly happen because of the new decision made. Besides this, the welfare of the employees is a responsibility of the firm. An employee of the firm being assaulted by a newly hired employee who has past records of similar assaults is negligence on the part of the firm, and it should be responsible for this, suppose a background check had been done, such cases would have been avoided or dealt with before they came to be. The firm should therefore take full responsibility of their negligence during the hiring process. Question 4 It is unlawful for an employer to ask for psychological examination of an applicant or an employee, or even making an enquiry concerning the severity and nature of any physical or mental medical condition or disability. It is however not illegal for an enquiry to be made on whether an applicant is able to perform the functions related to the work description, and can make a response to an applicant’s requestfor a reasonable accommodation. This therefore means that, no applicant should be treated differently from the others applying the job regarding the psychological application. Nevertheless, the employer should have appropriate justification of the examination that he is conducting, and the examination should have a relationship with the nature of the job. In Sam’s case, it has not been justified that the negative experience he had with two of the veterans was a psychological case. A proof to justify this will be required for him to qualify to use this examination in hiring. Besides this, it is important for Sam to mention the relationship of the psychological examination to the nature of the job. This should not just be a procedure of weeding out anybody who has a mental issue. Therefore, Sam’s method is not a permissible use of psychological exam (Loscocco, 1985). Question 5 Mr. White has an obligation of ensuring that the employees are in good relationship and that no discrimination act among the employees should be tolerated. He also has to ensure a good working environment for the employees. Although Mr. White might be enjoying the jokes sent to him, He should also be considerate of other people especially matters that would affect the job performance and relationship. Therefore, Mr. White should be neutral in solving this issue as the boss without taking sides. For Taylor to be satisfied, Mr. White has to do something towards this to show that the firm is anti-racial. Mr. White therefore has to address all the employees regarding jokes that are sensitive, and if it were necessary that email jokes be avoided, then it has to be done. It is important that the major objectives of the firm be put to priority, including job satisfaction and welfare issues. Matters that affect this, that may be irrelevant to the job, even if they please the boss, should be avoided (Henning, 2001). Question 6 Jessica has an option. Discrimination of employees is not allowed. Employers are not allowed to terminate jobs for even at-will employees if the reason is illegal. Since discrimination is illegal, Employees should report any cases of firing because of discrimination reasons. In case one is terminated from the job on racial grounds, he should contact a lawyer as soon as possible. In Jessica’s case, she was not been fired because of discrimination, but rathershe was trying to prevent discrimination against his subject. If therefore she has grounds to challenge this action, she can go to court. If she is not an at-will employee, she has all reasons to go to court to challenge this action. If she is at-will employee, the can challenge this basing on any written contract or statement promises of job security that she might be having with the employer. She can also challenge this if there is an implied employment contract where there exists an agreement, which bases on the things done or said by her employer. She can also file a case claiming employer’s breach for a fair dealing and good faith on the grounds that she was fired because of preventing the act of discrimination in form of racism. It would be hard for her to file complains on retaliation grounds, although this would be the best for her. Retaliation claims require evidence and proof, for example, an attempt of reporting discrimination case to some authority before the firing, which Jessica never did (Sack, 2010). Question 7 Disparate treatment is the ruling of the Supreme Court, which is against the treatment of applicants and employees in a different way because they have membership in the protected class. This violation is made out when a member of a protected class is treated less favorably from others who are in the same situation. This action can be in form of discriminatory intend which either can be shown by circumstantial or direct evidence. Disparate impact on the other hand is focusing on consequences of discrimination rather than the intend. It focuses on facially neutral practices while treating different groups, which fall rather more harshly on one group, and cannot be justified by the necessity of the business. Patel in this case has been shown a discrimination intend on claims that clientele would not accept. This is because the store only employs white males. This is clearly is a circumstantial disparate treatment since he is not given a job because of the race (Darden, 1984). Question 8 It is important that Luke realize that all employees should be treated equally without any discrimination. This therefore means that whatever opportunities other people get should also reach to the minority employees. They should also be given a chance to get positions in the managerial and all the other positions. To ensure that this is done without a feeling of discrimination, the qualifying people in the minority employees should be given the positions even though there might be other people who feel like they are more qualified than them. Luke should therefore consider the minority employees and view them as he views other people. He should also understand that the promotion of the minority candidates is a sign of equality and consideration of all people who are qualified regardless of the race. Luke should therefore have seen discrimination during the time when the minority employees were not considered, rather than seeing it now when they have been promoted (magazine, 2012). Question 9 It is very critical that even Sun’s manager is doing nothing at the racism treatment of his employee. This generally shows that he is not sensitive with the welfare of his employees. If it is possible, Sun should find a way of dealing with the problem himself with his colleagues. It would be important to question the people who do that why they do it. If Sun has tried this and it has not worked, and has reported to the manager and he has not reacted, then it will force him to turn to harder decisions, which have more impact. My personal advice to Sun would be to submit his resignation to the manager. It is important for Sun to consider this so that he gets himself out of the uncomfortable environment. Besides this, Sun has other options like filing an official complaint with the lawsuit, which will lead to an investigation in the Rockwell Pharmaceuticals to verify these claims. The disadvantage of this action is that his future life and career might be affected, especially the social part. Although it might create an attitude, the problem will be solved either way. Generally, it would be important for him to make the manager to realize that he knows his rights and the law and he would not wish to get to that to solve the problem. He should inform the manager to handle the issue, or if he cannot, then he will move to the next body, which can do that (Gilbert & Jackson, 2005). Therefore, t is very critical that even Sun’s manager is doing nothing at the racism treatment of his employee. This generally shows that he is not sensitive with the welfare of his employees.My personal advice to Sun would be to submit his resignation to the manager. It is important for Sun to consider this so that he gets himself out of the uncomfortable environment. If it is possible, Sun should find a way of dealing with the problem himself with his colleagues. Question 10 The African Americans and Hispanic applicants who have been denied employment do not have a case. Mystic Coffee Company already has 25% of the employees being minorities. To add on this, it is not possible to satisfy everyone. The claim that Asians are majority in the minority employees might or might not be true, but this still does not make a case because already the percentage of the minorities employed exceeds the percentage of the minorities from where they are employed. Disparate impact is brought as a consequence of discrimination, which is not seen in this case (Bloch, 1994). Works Cited Bloch, F. E. (1994). Antidiscrimination law and minority employment: recruitment practices and regulatory constraints. Chicago: University of Chicago Press. Darden, G. H. (1984). Burdens of proof in Title VII cases: Aikens, born to the union of disparate impact and disparate treatment theories. Washington, DC: McClure Lundberg assoc.. Gilbert, J. A., & Lownes-Jackson, M. (2005). Blacks, Whites, and the New Prejudice: Does Aversive Racism Impact Employee Assessment?. Journal of Applied Social Psychology, 35(7), 1540-1553. Henning, A. (2001). Legal perspectives on equal treatment and non-discrimination. The Hague: Kluwer Law International. Independent contractor or employee--([Rev. 12-99]. Ed.). (1999). Washington, D.C.?: Dept. of the Treasury, Internal Revenue Service. Loscocco, K. A. (1985). The meaning of work: an examination of the determinants of work commitment and work orientation among manufacturing employees. New York: Entrepreneur Press. Sack, S. M. (2010). The employee rights handbook: effective legal strategies to protect your job from interview to layoff notice(Rev. and enlarged thirdEd.). Merrick, NY: Legal Strategies Publications. Sargeant, M. (2006). Age discrimination in employment. Alders hot, Hampshire, England: Ash gate. Magazine, E. (2012). Public Relations Business Entrepreneur's Systematic Startup Guide.. New York: Entrepreneur Press. Read More