Consequences of Taking Prescription Drugs - Essay Example

Employment Law College People have been faced with many different relational problems with the people they live together. Manypeople have had problems with sharing their emotions and feelings with others. This would happen in the stance where the hidden emotion or behavior is unpleasing or shameful before other people. People may not feel free to confess their emotions or behaviors for the fear of shame or for the fear that the consequences of the actions would result to a disgusting or an unpleasing outcome. Such individual would in that case keep their bad or disturbing behaviors or emotions to themselves. Such behavior is inmost cases revealed out after some time. They would be realized at a point when every thing would be spilt out. Teens may hide their stealing behavior from their parents which would later come as a surprise when they find them being arrested or murdered for their bad behavior (Bell, pg 45, 2006). On the employment area, individuals would involve themselves in any action so that they can preserve a chance for their employment. It would take individuals who are looking for work so much of making lies to their bosses so that they can obtain chance in a working place. They would pretend to be the best individuals before the employer. These individuals may hide much about their health and character for the purpose of obtaining the chance in an organization. Employees may hide their weaknesses of health so that they are not fired from work. This may bring a dangerous outcome when everything reveals itself and it is no longer a secret. Employees may suffer from schizophrenia and fail to reveal this to their employers for the fear of shame or they could be fired or denied the job. Schizophrenia becomes a no more secret when the employee behaves in a funny way after certain duration of working in an organization. On the other side, all working places are subject to the employment laws. The main reason of have the employment laws in place is to ensure that all employees work in a safe environment. All personalities in a working area, employees and the employers are subject to the employment laws within their state. Employers and employees must understand their responsibilities as set by the employment law. Employees should get familiar with all legal rights for employees according to the employment law. Such right include; being entitled to a sick leave, maternity leave, sudden leave as well as casual leave among others. Employment law has also its mandate in the protection of employees against improper behavior as a result of discrimination. There should be no prohibition of an employee by an employer because of race, age disability, and domicile of the country, sexual priority or even due to the mark of religion. It is a good idea to first of all go through the rights, legal law and the responsibilities when you are joining an organization so that you avoid being misled or miss behaved for no reasons (Kidner, pg 67, 2011). It would be no good when an employee hides to communicate his/her disabilities for the fear of being sacked. It is within the employment law that, equity within a company or any other working area is ensured to make sure that all people have equal rights and chances and can not be banned fro no good reasons. If an employee has a feeling that the employer is showing aggressiveness, is misbehaving or has a rude attitude, the employment law should therefore. An employer is subject to a fine if he/ she fail to adhere to the employment law. The main objective of the establishment of the employment law is to ensure a safe working environment for employee. Any employee should feel free when he or she communicates his or her problems to the employer without the fear of being dismissed. Such problems would be the employee’s disability in one way or the other; the employee could be under some special medication or under certain prescription which may require his abstinence from certain meals or tasks. In the described example, john could have had problems associated with schizophrenia. Managers have the responsibility of understanding employees’ problems as well as finding the best methods to accommodate them. John had problems of schizophrenia in which the problem could arise after a long period of time. After a long period of working in the same place, John confessed to have been experiencing the problem every time he was drunk. He had never communicated the problem to the manager. As a manager, one is expected to hold his responsibilities which would include fair treatment of employees. The employee has the right to express his grievances or problems which in-turn should be listened to and the necessary action towards their improvement taken (Cabrelli, pg 35, 2010). When certain unusual behaviors are observed with an employee in the workplace, suspending the employee does not solve the problem. As a responsible employer, one should at the first site engage the employee into a discussion. Through this discussion, the employer or the manger would therefore be able to realize the intensions of the employee. If the employee has some certain special disorders, the manager therefore would be in apposition to understand the reason of the deviant behavior. It is only through dialogue that a conclusion can be arrived at. The employee has the right to be listened to. A manger would be violating the employment law if he or she does not give chance to the employee to express his or her views with response to the observed behavior. Certain issues are inaugurated by others. It could have been out of a genuine reason the John gad demonstrated such behaviors I the office. It would be a relational to aggressiveness if the manager does not give time foe the examination of the employee’s cognition be a legal action is taken. The employment law fosters for free airing of grievances for employees when a necessary issue has to be addressed within the organization. The employee would therefore perform the right thing at all times unless he is convicted with some mental retardedness. According to the Americans with Disability Act (ADA), protection at work is offered not only for the applicants and the employees who have disabilities s (Cabrelli, pg 35, 2010). This act offers protection for all those who possesses a history of disability as well as to those who are perceived wrongly to have disability. An employee who had been diagnosed with schizophrenia or cancer and has been in lessening for a certain period and the illness is healed; he is still protected under the employment law that, the employer should not assign job discriminatively in relation to his former disability. As a manager, you are should first of all go through the employment laws, understand the law and then act with accordance to what is expected by the law. If an employee is limping, the manager should not take this as being disability and judge that the employee should be denied some office jobs which would require walking on the floor. If the manager makes such judgment which may discriminate the associated employee from securing such jobs, he or she would be described to have violated the employment law. Retaining an issue that is unbeknownst to the employer is not right and is said to be a violation to the responsibilities of the employee as directed within the employment law. As an employee, john had made the wrong choice of refusing to speak out his problems so that necessary measures could be taken. It would have been a good idea if john had confessed to Rupert that he had some illness and that he required a leave so that he could attend to his illness. The employment law provides for the provision of a sick leave for any employee who requests for one. An employee is entitled for a sick leave if his or her problem is noticed. The realization of an employee’s problem by the employer can only be made through the confession by the employee. Once the employee has communicated his or her problem to the employer, the manager holds no choice rather than issuing a permit for the attendance for a medical check-up. As a responsible employee, john would have felt free to communicate his problems to the manager. Many employees can fail to confess their unhealthy conditions for the fear that the employer would ask to look at the employee’s genetic information. In this case, the employer may suspend the employee on realization that the employee’s illness was not an ending one, but an issue of genetics and inheritance. This should not be the case. According to the Genetic Information Nondiscrimination Act (GINA), employers are prohibited from using genetic information of the employee as the bases for decisions of whether he should be employed or not (Kidner, pg 67, 2011). The employers are therefore required to keep the confidentiality of the genetic information. GINA forbids employers from asking or requiring genetic information from employees. The law also prohibits the employer from making follow-ups to investigate the sick leave of the employee. He should not require knowing any information about the employee’s family with regard to the employee’s unhealthy condition. John as an employee to Rupert should have confessed his unhealthy conditions which would have been understandable to Rupert. Having made such a mistake which included lose of the company’s property, John did not deserve to be dismissed from the company in that way. The managing director did not in the first place carry out any investigation to find out the reasons behind John’s behavior. As a managing director of the company, it would always be a nice idea to carry out some detailed investigation before you arrive to a conclusion. Certain crucial reasons could have backed John’s reactions. A detailed investigation which would have involved John himself, other employees, friends and family members would have derived an indisputable reason following the action. After the realization of the associated problem, relevant conclusions on how the matter could be dealt with should have therefore been formulated (Kidner, pg 67, 2011). According to the statement, john had been an employee in the company for twenty years. This implies that he had acquired much experience on the work. Suspending John would also be a disadvantage to the company. A well experienced employee can be a significant tool within the company’s productivity. Experience alters profit generation within an organization. The relevance of such depiction is that the managing director will have to make much investment on training sessions for another employee who would handle things perfectly and efficiently. In such a situation, the company’s productivity would be put into a stagnant operation due to their lack of an experienced person. The employment of dialogue would provide the best go-aheads which would slightly lower the company’s productivity and profit generation. As the managing director and the employer, you should understand that when the employment of a person is terminated, the employer must issue to the employee a termination notice, termination pay or both. This is according to the Employment Standards Act (ESA) which provides protection for the termination notice or pay for all employees employed for more than three months. The employee is therefore entitled to a termination pay which includes overtime pay, public holiday pay and vocational pay. The employer is on the same case prohibited from reducing the employee’s pay due to the period of the notice. Full payments should be made before the employee is dismissed. Firing John without making any payments to him would cause the managing director some more problems. John has the right to sue him under the ESA law. This would cause great expenses to the company which can even lead to the termination of the company’s existence (Bell, pg 45, 2006). It would be a wise decision if the managing director withdraws the dismissal and engage to dialogue with the employee. John therefore does not deserve the dismissal but he should rather be interviewed to find out the reason following is behavior. It is the responsibility of every employer to carry out matters within the workplace in accordance to the employment law. Employees should in the other side play their role for the sustainability of justice and the elimination of all forms of discrimination within a working area. Bibliography Bell, C., 2006. Employment law: textbook series. London, Sweet & Maxwell. Bone, A., 2005. Employment law. London, Chartered Institute of Personnel and Development. Cabrelli, D., 2010. Employment law. Harlow, England, Pearson Longman. Collins, H., 2010. Employment law. Oxford, Oxford University Press. Guerin, L., 2011. Employment law: the essential HR desk reference. Berkeley, CA, Nolo. Kidner R., 2011, Oxford, Blackstones Statutes on Employment Law, Oxford University Press. Landa S., 2010, Oxford, Directions Employment Law, 1st Edition, Oxford University Press. 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