Forms of Employment Memo. For this assignment, you are a mid-level manager at a large private university. Your boss, Chris Grey, is aware that you are in a degree program and are studying Employment Law. Chris sends you the following message: "I know you are taking a course in employment law, and I need your advice on a matter affecting our operation. I've been advised that Sue Mee, an employee in one of our administrative departments, is talking to other employees about salaries being too low, and how our benefits are not as good as those in other Universities in the area. She says that no employee jobs are safe, and everyone can be fired anytime management wants to do it without any reason. She is the center of some noticeable dissension in the workplace. Please provide me with some advice in the form of answers to specific concerns that I have. My first concern is that I'm not sure if what she says is correct about us being able to fire people without a reason or a warning. Please let me know what I can and can't do if I just want to fire someone. I don't have contracts with the employees-should I? I'm also thinking about converting all the jobs in her department to contractor positions, or temporary employee positions, to eliminate the grief we're getting. That would also settle a concern I have about us being liable for things that Sue says or does, both while she is a work, and when she says what I think are slanderous things about some faculty members. If she's a contractor, we're not liable, right?" As you read this, you make mental notes about what you need to cover in your reply. Your memo to Chris should enlighten her on the following topics: (a) The concept of equity in the workplace; (b) The issues of agency and related liability within the employment context; (c) The salient characteristics of, and significant differences between, employment contracts, be they implied or expressed, and at-will employment; and d. The critical attributes of, and differences between, employee, temporary employee, and independent contractor. You know that your boss does not like lengthy responses, so in your reply business memo, you can't send Chris more than 700 words. You also know that Chris is a stickler for good grammar, sentence structure, and spelling, so proofread your work carefully. Additionally, complete a Due Diligence Worksheet for this week's assignment. Your responses to the questions on the worksheet should not exceed 700 words.
DUE DILIGENCE WORKSHEET
1. What concepts must you address in order to meet the terms of the assignment?
2. Is there more than one possible way to answer the requirements presents in this assignment/ If so, identify what those alternative answers are, and why you selected the one approach that you did in your assignment submission.
3. What legal principles are applicable in this assignment? State the legal principle, and explain how it is links to the facts as presented in the assignment. (Remember that a legal principle is not the same as a legal topic. For example, a legal topic like "tort liability" may have a number of legal principles. One of these is "For tort liability to be present, a defendant must have breached a duty that the defendant had to the plaintiff's.
4. What federal or state statutes or constitutional provisions (if any) did you research in developing your assignment submission? Include both the law that supports the position you took, and that which is not on support of your position.
5.What published case law (court decisions) from the text did you consider in developing your assignment submission? Include both the cases that support and those that are relevant but do not support your assignment submission.
6. Did you do any other research in developing your assignment submission? If so, explain the nature and scope of that research, identifying which supports the position you took, and that which does not.
This is my first time doing this and I greatly need help. Please help me with this assignment. I also need references.© BrainMass Inc. brainmass.com October 25, 2018, 12:04 am ad1c9bdddf
The response addresses the queries posted in 1960 words with references.
// Prior to talk about the 'Concept of Equity' in workplace, we will have to first of all, understand how importance it is to consider the Employment Law. So, first of all, we will discuss consideration of the law under the heading of Introduction, for example://
Date: November 30, 2008
To: Chris Grey
Subject: FORMS OF EMPLOYMENT LAW
Consideration of employment law is an essential component for the establishment of the organization. The organization should develop a contract system for providing jobs to the employees. The primary liability of the organization is to provide equity in the workplace. It basically refers to the equity with respect to payment and the opportunities for the employees in the organization. The employment law represents a broad framework regarding better payment and high level jobs to the all group of people (Lewis & Sargeant, 2004).
//Above, we discussed about consideration of the Employment Law, now, moving to the next part of instruction, in which we will talk about the concept of equity in the workplace. In this part, we will also know about the 'Categories of Law'. //
Equity in the workplace
It is the concept emphasizing on providing equity to the employees at the workplace in all aspects. The concept of equity in the workplace is well defined under three categories of law, which are described as follows:
Employment Standards Act, 2000: According to this law, equal payment should be provided to all the employees (male and female) performing same jobs for the organization.
Pay Equity Act: According to this law, equal payment should be provided to both the male and female employees for performing similar rate of work. There should be no discrimination on the basis of job content.
Employment Equity Act: According to this law, there should be fair, systematic and representative ways of handling employees in the organization. Equal opportunities and pay offs should be provided to all the employees in the organization (Flynn, 2001).
// After discussing about equity in the workplace; a concept that stresses on furnishing equity to the employees at the workplace. As per directions, now, we will discuss issues of agency and related liability within the employment context. You are free to add more in this topic, which you find suitable. I am just providing you a brief overview.//
Issues of Agency and Related Liability within the Employment Context
Issues of agency include the different issues related to the employees. Different agencies and consulting firms provide their services to the big organizations. The employees hired through consulting firms are held liable under the governing authority of the agency and not under the organization's law. In such cases, an organization hires a consulting firm of manpower service provider rather than hiring employees on their own. The service provider company is liable for all kinds of responsibilities regarding the employees as they are hired by service provider. These manpower provider companies depute the employees to their client organizations. These employees get salary, bonuses and other ...
The response addresses the queries posted in 1960 words with references.
Help finding relevant case law - Employment Discrimination
I need some help finding relevant case-law on a project. I need to find case law (both State and Federal), statutes (both State and Federal), and recent newspaper and journal articles relating to a fact pattern below. The state I need to find case law for is Missouri.
In the end I (not you) will be writing a memorandum using this case law. My issue is that I never seem to be on point with the legal "issue." God knows, but I seem to stray around the edges.
The fact pattern I need to approach (and your help approaching to find relevant material - at least three cases along with Federal and Missouri Statutes) is:
XXX Company promoted Jason, a 35 year old employee, to a position as foreman while passing over David, a 60 year old employee. Jason has been with the Company only two years but according to the immediate supervisor, "is going places in this Company". David has been with the company for 15 years with excellent evaluations. When David applied for the job, his supervisor told him he was too old for the job and he preferred a younger man who would be in the job for "more than just a couple of years". David is now threatening suit.View Full Posting Details