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Employment Law Application: Employment termination of Mary

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The case is related to the employment termination of Mary, the employer of XYZ business. The organization made discrimination on the basis of age with the old employers and terminated the employees over 55 years of age. Mary found this as a case of age discrimination with the old employees and this has led to termination of many employees who have served for so many years for the organization.

a. Answer the issues that were raised in the assignment.

b. Restate the issues, one by one, then explain the relevant statutory law, what court cases "control" that area of law according to your text or other source material, and what specific action you will take. Explain how the law will deal with the facts you described, and what the final outcome will be.

c. Finally, compare and contrast how the elements required to prove discrimination in your case differ from the elements required to prove discrimination, explain what has to be proved for a finding of gender discrimination, and explain how that requirement differs from proving other forms of discrimination, such as race, national origin, age or disability.

As you organize your thinking to provide a legal analysis of the case you prepared in week two, you make mental notes about what you need to include:

a. How to incorporate the concept of equity in the workplace into the legal analysis;
b. How to include the relevant anti-discrimination statues, including Title Vll, ADEA, ADA, Equal Pay Act and Civil Rights Act of 1991 as appropriate; and
c. How to compare and contrast discrimination claims based on race, color, national origin, gender, religion, age and disability.

The final document should be a synthesis of your views, and merged with and follow the Week Two Case Study assignment.

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The response addresses the queries posted in 1657 Words, APA References

Employment Law

Introduction

The case is related to the employment termination of Mary, the employer of XYZ business. The organization made discrimination on the basis of age with the old employers and terminated the employees over 55 years of age. Mary found this as a case of age discrimination with the old employees and this has led to termination of many employees who have served for so many years for the organization.

Mary, the 14 year old ex- employer of XYZ Business has been recently terminated as a result of the RIF plan. She got the information a few days back that the company has terminated employees over 55 years of age. This is a discriminatory act which is not correct under the ADEA i.e. Age Discrimination in Employment Act. According to this act, no older employee should be terminated or given reduced benefits on the basis of age. She has an experience of 14 years in the company and was a responsible middle management employee of the company. This law applies to both the employees as well as the job applicants. It is an act of the EEOC (Equal Employment Opportunity Commission) which protects the employees who are 40 and above 40 years of age from any kind of age discrimination (Age Discrimination, 2008).

There should be a legal agreement that is signed at the time of termination and no such agreement was signed by Mary during termination. The Title VII of the Civil Rights Act also prohibits discrimination between the employees based on age and this was not a right criterion of terminating the employees. It is an illegal and forcible method, which increases discrimination between the employees. Also, the ADA i.e. Americans with Disabilities Act, states that there should be no discrimination against the qualified employees with the disabilities in the private sector. The company should have given the employees a chance for presenting their grievances under a proper grievance handling system before taking such actions. Mary requested the HR manager to reinstate her back in the company as this was an unjust and illegal act. She wants to work on the same position and perform the same functions as previously she used to and wants the HR manager to kindly investigate this matter and re-analyze the acts and laws that apply to the situation (Federal Laws Prohibiting Job Discrimination, 2008).

She wants the HR manager to look for appropriate remedies for the situation i.e. the management should review the situation and should take action as per the laws and regulations. It can cut its expenses in other areas rather than intentional termination and can frame its policies according to the EEOC laws.

According to the Civil Rights Act, if any company goes for intentional employment discrimination, it provides monetary ...

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The response addresses the queries posted in 1657 Words, APA References

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Employer/Employee Relationship

Little Lamb Company needs an additional programmer for a special project. The company enters into a contract with Mary to complete this project. Just as the project is nearing completion, a new need arises for her services. She is asked to continue with the company to complete the new project. While completing the new project, the supervisor begins working more closely with Mary and requires her to use company materials and equipment while adhering to company work schedules. After two years, economic conditions force the company to make budget cuts. Mary is asked to leave. Thirty days later, a major contract is acquired by the company, which reinstates the need for Mary's services as a programmer. However, the supervisor chooses to hire his equally-qualified cousin and not offer Mary the opportunity to return.

1) Is Mary an independent contractor or an employee? Describe the factors that led to your determination.

2) Has the employer/employee relationship changed over the course of time? If so, how?

3) Was Mary's release legal under the doctrine of employment-at-will? Why or why not? If not, which of the following exceptions to employment-at-will have been violated? Why?

a) Breach of public policy

b) Breach of implied covenant of good faith and fair dealing

c) Breach of implied contract

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