Employment Law for Human Resource Practice - Essay Example

Law Q1 Part When one enters the job market either for the first time or after a recent termination, it is vital to comprehendhis or he rights as an employee. The Federal and State governments of the United States have enacted various employment laws that protect employees from discriminatory treatment, unsafe working conditions, and unfair labor practices among other vices. Discrimination and frustration at the place of work can take many forms, for instance, treating a member of a protected class such as women and minorities differently from their peers (Walsh, 2016). James Franklin’s attributes of attendance problems to a cavalier attitude of employees of Millennial Generation is discriminatory based on age. Any action directed to this group of staff will, therefore, be viewed to carry a discriminatory intent tailored to punish a particular group of personnel. Every employee has a contract with the employer whether written or not. Employers are legally obliged to furnish their employees with statements of terms and conditions of engagement. Changing the terms of engagement without the employee’s agreement as did Happy Valley Incorporation is an outright breach of contract (Walsh, 2016). After the enactment of the new attendance policy, it was not communicated to all employees but one, Mr. Allen who did not share with the rest beside being directed only to a faction group of employees. Second, they did not seek the employees on the best ways to deal with the attendance problem. Large forms such as Happy Valley Incorporation must inform and consult employees or their representatives, in this case, P.O.O before making significant changes or redundancies. Even in the absence of this requirement, it is a prudent and ethical business practice to keep employees informed and involved in major decisions affecting them. Part 2 P.O.O has two alternatives of justice to pursue, Consultation with the Happy Valley Management and seeking a legal redress. Before making any major decisions regarding the employees, consultation must be done between the employer and either the employees or their representatives, P.O.O for this case (Walsh, 2016). Pretending to consult on issues that have already been decided upon in unproductive, breed suspicion and mistrust among the staff and the organization. P.O.O can, therefore, ask the company to reinstate Mr. Christian then consult on the issues regarding the attendance that affect both the firm and its employees. It will be significant to decide upon the degree of consultation then inform the interested parties of what the decision process will be. Under the laws of the USA, firing an employee is considered wrongful in circumstances when it violates both Federal and State ant-discrimination laws, the dismissal grounds of Mr. Christian Hackenberg (Walsh, 2016). Under statutory rules, P.O.O would press charges and punitive actions against Happy Valley Incorporation, the employer for violations of Mr. Christian’s rights. The penalties are likely to result in payment of damages for wrongful termination. P.O.O believes that their client, Mr. Christians victimization, and his rights violated regarding his job termination. The body will, therefore, file a complaint on behalf of Mr. Christian with the Equal Employment Opportunity Commission (EEOC). Similarly, they will also file charges with the State or local equivalence because the termination violates the State anti-discrimination laws. Part 3 Before making any formal complaint about wrongful termination, Mr. Hackenberge should try to resolve the reasons for his dismissal with his boss through mediation. The mediation process can help in finding an amicable solution for both sides with an impartial expert, mediator, separately talking for both parties once they all agree to undertake the process. The mediator advises on issues by asking questions that help the individuals look at their behaviors and evaluate their actions (Walsh, 2016). The process is best when used earlier in dispute resolution and at times used as part of a grievance procedure. Mediation is less expensive and stressful than taking a due course and often last for a day or less. If they choose this process, it is best to note down areas of dispute, history, and possible solutions that both parties would find acceptable. Agreements reached via mediation are not legally binding unless agreed upon in advance. Mr. Hackenberg and his employer can, therefore, strike a common ground through this process and he may get his job back. Mr. Hackenberge may also make a claim to an Industrial Tribunal for unfair dismissal, but this will require a years service first. He must make the claim to the Tribunal within three months of wrongful dismissal. If the Tribunal rules the employee’s favor, he will get compensation to put him back to his former financial position before the sacking (Walsh, 2016). The Tribunal will also give him an option of returning to his job. Q2 There are three critical issues presented by this fact pattern. Wolverine Poultry Company has a six- month maximum leave policy under which if an employee, out of work for any reason, could not return to work, then he or she automatically loses his or her job. The second issue is the dilemma of implications of two federal laws – the Family Medical Leave Act (FMLA) and the Americans with Disability Act (ADA) that clearly antagonize the company maximum leave policy (Walsh, 2016). Each of these laws has different requirements from the employers. The third issue is the new CEO, Mr. Brady Hoke, who is uncertain of the unexpected reactions if he decides to start his job by firing the company’s best farm hands on medical grounds. In many cases, an employer is free to fire an employee at will for too much absenteeism at work. However, there are some exceptions protected by law, and when a court rules on such issues, more is required by the federal law before terminating an employee. The employer, in this case, Wolverine Poultry Company, must first make a final, ultimate and non-tentative decision to dismiss the employee and provide unequivocal notice of its ultimate termination decision (Walsh, 2016). A serious health condition as defined by FMLA may result in a legal claim if an employer wrongfully terminates one employment. If Mr. Heismans dismissal was on medical grounds, a lawyer can help him negotiate a fair severance or file a legal claim against Wolverine Poultry Company, depending on the best strategy for his situation on wrongful dismissal. He can build a successful retaliation lawsuit even if the employer justifies with facts that he warranted dismissal and such cases always paint companies bleak in the public court (Walsh, 2016). The court will look into Heisman’s medical condition to find out the likelihood of his returning to work before dismissal. However, if the evidence indicates that he is unlikely to return to work, or he will be absent longer than necessary, then the company will find it easy to justify the claim. The efforts made by the employer to make it easier for the sick employees to return to work. These may include assigning the employee lighter duties as part time or making an adjustment to the workplace as they did by assigning temporary workers to cover Mr. Heisman’s shifts. If an employer presented all these facts of trying to help their employee but in vain, they might be able to justify the dismissal. However, an employer like Wolverine has to make reasonable efforts, and the court would look at how easy it would be to make such changes. They may also look at the extra cost incurred in doing all that. However, if the employer refused to make reasonable attempts to help their employee return to work, he may make a claim for wrongful dismissal. It will also consider whether the dismissal decision was within the range of response that a reasonable employer could be expected to make. It will consider how long Mr. Heisman has worked for the company making it reasonable for them to put up with a year’s sick leave if he had worked there for a long time and less reasonable for a short period employee (Walsh, 2016). The importance of Mr. Heisman to the company and how his absence affects business will also be among the facts considered in determining his dismissal case. The emotional decision to terminate an individual’s employment on grounds of incapacity due to an accident suffered off duty especially on a top-notch employee can be a difficult one but, in reality, a genuine one. The management is forced to make such a hard decision because of a need to determine whether the employee is capable of performing the task for which the organization has invested time, money and training on. If the job is no longer done perfectly, the affected employee who is deemed incapacitated should be relieved of his duties (Walsh, 2016). Concerning employee, capacity is the capability assessed by reference to skills, health, aptitude or any other physical or mental quality. An employee incapacitated for a prolonged period can get a fair dismissal if he is unlikely to be well and capable enough to return to work within the reasonable time frame. The nature of his work defines the reasonable period, and particular difficulties experienced by the employer during his absence as well as the size and administrative duties absconded can warrant his dismissal. No specific statutory provision gives an employee the right to time off work on account of sickness or return after an absence from incapacitation. Nor is there such provisions entitling an employer to relieve an employee of his duties when absent from work due to prolonged illness. Indeed, a comparison may stop a caring company from moving to formalize the position by initiating capability dismissal procedures (Walsh, 2016). In doing so, the employer runs the risk of wrongful dismissal and in failing to do so, he exposes himself to dangers of retaining residual obligations to the Equality Act of 2010 that gives an employer a credible commitment to make seemingly costly workplace adjustments. In any employment contract, there exist an implied term of mutual trust and confidence between the two (Walsh, 2016). Another relevant aspect is whether the employer offers a formal sick pay scheme that may form part of the contract, but in Buckeye’s case, it is missing together with the FMLA policy. These express implied contract terms, and statutory provisions that relate to wrongful termination and incapacity or disability discrimination determines the state of affairs. An employment tribunal may, therefore, conclude that a particular employer’s policy regarding handling sickness and absenteeism in an unsympathetic and harsh manner may be a breach of contract as applied in Buckeye’s system. Kristine, an employee who brings a case, must have enough evidence to make a prima facie case of discrimination under Title VII. Her testimony must be sufficient to enable the jury to infer that that indeed discrimination took place. After meeting the burden of proof, she must present evidence of legitimate, and non-discriminatory motive for the issue under consideration after which she has an opportunity to challenge the employer’s proof (Walsh, 2016). For Kristine to establish a prima facie case of harassment, she must prove that she in a protected class. She is a woman and can build her case of discrimination and harassment based on gender since they were only two ladies against eighteen men. She must demonstrate that she qualified for the job and met all the requirements to work in that position (Walsh, 2016). Once Kristine has made prima facie, CKK must present admissible evidence of non-discriminatory motive for the challenged decision. After giving this evidence, Kristine will have an opportunity to thwart it by pretext and inaccuracy of the employer, masking CKK’s discriminatory motive (Walsh, 2016). However, CKK can establish an affirmative defense by questioning why the employee did not report the matter to Mr. Bo Pelini, the manager and thwart her ulterior motives driven by frustration and lack of employment. They can also question the legality of her lawsuit that comes almost a year after quitting her job. At the beginning of a law class, most students will learn core subjects such as criminal law and tort. The law of contracts will also provide knowledge on how to establish, undertake and terminate contractual obligations. The students will also learn about property law that would bring new meaning to the world of interest. At this point, property law aims at teaching the validity of an interest in land and how to create one if need be. Equity and trust laws also form parts of this early learning. Reference Walsh, D. (2016). Employment Law for Human Resource Practice, (5th Ed). Ohio: Miami University. Read More