Free Samples
HRM 6103 Employment Law For The Retaliatory Firing
.cms-body-content table{width:100%!important;} #subhidecontent{ position: relative;
overflow-x: auto;
width: 100%;}
HRM 6103 Employment Law For The Retaliatory Firing
0 Download6 Pages / 1,378 Words
Course Code: HRM 6103
University: Texas Tech University
MyAssignmentHelp.com is not sponsored or endorsed by this college or university
Country: United States
Question:
Write about the Employment Law For the Retaliatory Firing.
Answer:
Retaliatory firing
An employee is protected from the occupational hazards and workplace issues by way of various employment laws. It is unjust and unethical to fire an employee on account of personal grudge or retaliation for an employee filed a complaint with the union or any other regulatory body. In this case, the employee filed a complaint with the Occupational Safety and health Administration, accusing the employer for violating safety standards in the printing plant. She was eventually fired from the organization when she held a meeting with her coworkers. It was alleged that she was fired for she was abusive towards her supervisor and threatened him. Assuming that the allegations are true, the employee was eligible to be heard by the decision-making authority and eventually asked to show cause for such misconduct. Misconduct cannot be the primary and sole reason to be terminated, and in such situation, it is easier to prove the ‘retaliation’ factor to the court (Modesitt, Schulman & Westman, 2015). Section 11(c) (1) of the Occupational Safety and Health Act (OSHA) clearly mentions that an employee cannot be discharged or discriminated for she has filed a complaint, instituted a proceeding, or has testified against the organization in a proceeding. The U.S. Department of Labour facilitates for the employees to submit complaints of retaliation faced from their organization (Herman v. Crescent Publishing Group, Inc). Other Acts like the Civil Rights Act, Equal Pay Act, and Discrimination in Employment Act protects employees from termination due to unlawful retaliation.
Meetings among co-workers
The lunchtime meeting between the employee and her coworkers does not constitute a threat or collusion among the employee pertaining to the organization. A healthy exchange of words between coworker is just normal and supported by all major employment laws. Therefore, it cannot be a reason for the employee to discharge an employee (Acker, 2018).
Department of Labor’s decision to honor the appeal
In this case, the court would not order the Department of Labor (DOL) to grant the appeal as the company could not prove that Occupational Safety and health Administration (OSHA) official provided it with wrong information regarding the inclusion of weekends or holidays for calculating the last date to file the company’s appeal to the DOL. It is essential to prove such strong allegation regarding negligent misstatement or wrong information provided by a regulatory body like OSHA, whose major responsibility is to provide necessary information (Atlantic Adjustment Co. v. US Dept. of Labor).
Pros and Cons of Policy Consideration
The pros of the policy consideration is that the company has the scope to prove themselves right and establish that they were provided with a misstatement or wrong information by the OSHA official. The company could highlight the fact to the court that the department failed to give the correct information and such wrong information affected its eligibility to appeal.
While the cons of the policy consideration is that, it is quite difficult for the company to establish the fact that OSHA provided wrong information about the appeal date. The company could throw light on the fact that OSHA and DOL are both government organizations and they are in the position to cover for themselves.
Constitutional issue: involved or not
In this case, the company filed a Mandamus action to the court, requesting the permission to file for an appeal to the Department of Labor for a civil monetary penalty assessment. However, the case does not attract any constitutional issue nor does it infringe any constitutional provision. Therefore, the Articles of the U.S. Constitution would not have an effect on it.
Wrongful discharge
A company cannot terminate its employees without reasonable grounds and even if it does, it is liable to pay unemployment compensation to such laid-off employee. The criteria for unemployment compensation depends on the fact that the employment id unemployed devoid of his or her own faults and is fit for work whenever that is made available to him. Factors like incompetence or an at-will employee would not be disqualified from unemployment compensation (Kandilov & Senses, 2016). However, unemployment compensation would not be granted if the employee is laid-off or terminated on the ground of willful misconduct. However, it is stated that even if the willful misconduct is clearly highlighted, it may not be a sufficient reason to disqualify an employee for granting unemployment benefits.
Therefore, the employee would be liable for unemployment compensation in this case even though he engaged in battery with his co-worker, which is a violation of employees’ code of conduct in an organization. Battery is an act that involves two person, therefore punishing one with no compensatory amount would be unjust. The court would grant compensation to such terminated employee (Quebedeaux v. Dow Chemical Co).
Compensation under Worker’s Compensation Act
The plaintiff would be liable to receive a compensation under the Workers’ Compensation Act as damages does not only involve physical hurt, but include physical and mental pain and suffering as well (Odom v. Claiborne Elec. Co-op., Inc). In addition to, the judges and the juries have the discretion to assess the criteria of damages; hence, they are likely to comprehend and construct the fact that the plaintiff would be liable to be awarded damages for the tort committed against him and for the wrongful discharge by the company (Youn v. Maritime Overseas Corp). the employee has to be held liable based on the concept of vicarious liability of an employer for a tortious act of its employee committed on another.
Unemployment compensation for Burton
It is the duty of the employer to advise his employee to appear for a second dope test within 72 hours, once the employee has been tested positive of smoking marijuana or any other contraband substance. Failure to do so would attract charges against the employer for being negligent about one’s own employee and his well being in the professional front (Southwood Door Company v. Raymond Burton). Therefore, in this case, Burton was neglect by his employer who missed out on advising him for appearing for a second dope test which was extremely essential to prove Burton’s innocence. Thus, Burton would be given the benefit of doubt and should be provided with unemployment compensation. Moreover, it is applaudable as he took the initiative to get himself checked and received a negative report.
Here, the referee should allow Burton’s personal purchased drug test as an appropriate evidence as Southwood, the employer could not produce sufficient evidence to prove Burton’s misconduct (Venn, 2012). This, the plaintiff should be held guilty for showing such negligence toward his employee as such negligence or misconduct could put Burton behind the bars, even without being guilty.
Importance of the personally purchased drug test
The personally purchased drug test should be held just and accurate by the referee as Burton paid out of his own pocket to prove his innocence. It is a great a mark of honestly and diligence which deserves appropriate compensation for losing job for no reason.
Therefore, to conclude, Burton would be eligible to receive unemployment compensation for the plaintiff could not cite sufficient evidence against Burton’s drug usage or employment related misconduct (Raymond Burton v Southwood Door Company).
References
Acker, G. M. (2018). Self–care practices among social workers: do they predict job satisfaction and turnover intention?. Social Work in Mental Health, 1-15.
Atlantic Adjustment Co. v. US Dept. of Labor, 90 F. Supp. 2d 627 (E.D. Pa. 2000)
Herman v. Crescent Publishing Group, Inc., 2000 WL 1371311 (S.D.N.Y. 2000)
Kandilov, I. T., & Senses, M. Z. (2016). The effects of wrongful discharge protection on foreign multinationals: Evidence from transaction?level data. Canadian Journal of Economics/Revue canadienne d’économique, 49(1), 111-146.
Modesitt, N. M., Schulman, J. F., & Westman, D. P. (2015). Whistleblowing: The Law of Retaliatory Discharge. Bloomberg BNA Books.
Odom v. Claiborne Elec. Co-op., Inc., 623 So. 2d 217, 221
Quebedeaux v. Dow Chemical Co., 809 So. 2d 983
Raymond Burton v Southwood Door Company, MEA, INC. and Medical Group South No. CIV.A. 4:02CV107LN
Southwood Door Company v. Raymond Burton No. 2002-CC-00893-SCT
Venn, D. (2012). Eligibility criteria for unemployment benefits.
Youn v. Maritime Overseas Corp., 623 So. 2d 1257
Free Membership to World’s Largest Sample Bank
To View this & another 50000+ free samples. Please put
your valid email id.
Yes, alert me for offers and important updates
Submit
Download Sample Now
Earn back the money you have spent on the downloaded sample by uploading a unique assignment/study material/research material you have. After we assess the authenticity of the uploaded content, you will get 100% money back in your wallet within 7 days.
UploadUnique Document
DocumentUnder Evaluation
Get Moneyinto Your Wallet
Total 6 pages
PAY 4 USD TO DOWNLOAD
*The content must not be available online or in our existing Database to qualify as
unique.
Cite This Work
To export a reference to this article please select a referencing stye below:
APA
MLA
Harvard
OSCOLA
Vancouver
My Assignment Help. (2021). Employment Law For The Retaliatory Firing. Retrieved from https://myassignmenthelp.com/free-samples/hrm-6103-employment-law/personally-purchased.html.
“Employment Law For The Retaliatory Firing.” My Assignment Help, 2021, https://myassignmenthelp.com/free-samples/hrm-6103-employment-law/personally-purchased.html.
My Assignment Help (2021) Employment Law For The Retaliatory Firing [Online]. Available from: https://myassignmenthelp.com/free-samples/hrm-6103-employment-law/personally-purchased.html[Accessed 18 December 2021].
My Assignment Help. ‘Employment Law For The Retaliatory Firing’ (My Assignment Help, 2021)
My Assignment Help. Employment Law For The Retaliatory Firing [Internet]. My Assignment Help. 2021 [cited 18 December 2021]. Available from: https://myassignmenthelp.com/free-samples/hrm-6103-employment-law/personally-purchased.html.
×
.close{position: absolute;right: 5px;z-index: 999;opacity: 1;color: #ff8b00;}
×
Thank you for your interest
The respective sample has been mail to your register email id
×
CONGRATS!
$20 Credited
successfully in your wallet.
* $5 to be used on order value more than $50. Valid for
only 1
month.
Account created successfully!
We have sent login details on your registered email.
User:
Password:
Witness a major boost in your academic grades with the assignment help services from MyAssignmenthelp.com. Our website has been the most trusted writing service provider for students in Aus for a prolonged time. Hence, our assignment assistance will definitely help you achieve the grades you desire. You only need to share your specific assignment requirements, and you’ll receive accurate solutions without going through any hassles.
Latest Management Samples
div#loaddata .card img {max-width: 100%;
}
MPM755 Building Success In Commerce
Download :
0 | Pages :
9
Course Code: MPM755
University: Deakin University
MyAssignmentHelp.com is not sponsored or endorsed by this college or university
Country: Australia
Answers:
Introduction
The process of developing a successful business entity requires a multidimensional analysis of several factors that relate to the internal and external environment in commerce. The areas covered in this current unit are essential in transforming the business perspective regarding the key commerce factors such as ethics, technology, culture, entrepreneurship, leadership, culture, and globalization (Nzelibe, 1996; Barza, 2…
Read
More
SNM660 Evidence Based Practice
Download :
0 | Pages :
8
Course Code: SNM660
University: The University Of Sheffield
MyAssignmentHelp.com is not sponsored or endorsed by this college or university
Country: United Kingdom
Answers:
Critical reflection on the objective, design, methodology and outcome of the research undertaken Assessment-I
Smoking and tobacco addiction is one of the few among the most basic general restorative issues, particularly to developed nations such as the UK. It has been represented that among all risk segments smoking is the fourth driving purpose behind infections and other several ailments like asthma, breathing and problems in the l…
Read
More
Tags:
Australia Maidstone Management Business management with marketing University of New South Wales Masters in Business Administration
BSBHRM513 Manage Workforce Planning
Download :
0 | Pages :
20
Course Code: BSBHRM513
University: Tafe NSW
MyAssignmentHelp.com is not sponsored or endorsed by this college or university
Country: Australia
Answer:
Task 1
1.0 Data on staff turnover and demographics
That includes the staffing information of JKL industries for the fiscal year of 2014-15, it can be said that the company is having problems related to employee turnover. For the role of Senior Manager in Sydney, the organization needs 4 managers; however, one manager is exiting. It will make one empty position which might hurt the decision making process. On the other hand, In Brisba…
Read
More
MKT2031 Issues In Small Business And Entrepreneurship
Download :
0 | Pages :
5
Course Code: MKT2031
University: University Of Northampton
MyAssignmentHelp.com is not sponsored or endorsed by this college or university
Country: United Kingdom
Answer:
Entrepreneurial ventures
Entrepreneurship is the capacity and willingness to develop, manage, and put in order operations of any business venture with an intention to make profits despite the risks that may be involved in such venture. Small and large businesses have a vital role to play in the overall performance of the economy. It is, therefore, necessary to consider the difference between entrepreneurial ventures, individual, and c…
Read
More
Tags:
Turkey Istanbul Management University of Employee Masters in Business Administration
MN506 System Management
Download :
0 | Pages :
7
Course Code: MN506
University: Melbourne Institute Of Technology
MyAssignmentHelp.com is not sponsored or endorsed by this college or university
Country: Australia
Answer:
Introduction
An operating system (OS) is defined as a system software that is installed in the systems for the management of the hardware along with the other software resources. Every computer system and mobile device requires an operating system for functioning and execution of operations. There is a great use of mobile devices such as tablets and Smartphones that has increased. One of the widely used and implemented operating syste…
Read
More
Tags:
Australia Cheltenham Computer Science Litigation and Dispute Management University of New South Wales Information Technology
Next