I learned so many new concepts in employment law. So many of these concepts I can apply to my everyday work life. I learned there were different types of employment relationships (common law, statutory, and independent) which I didn’t know even exist. I learned the different types of discrimination and about illegal employees. I also learned that illegal citizens have rights to work in the US with the proper permit. I didn’t even know about e-verify or that employers check if your legal to work in the US. I learned a lot about OSHA and workplace safety. The three concepts that I feel are the most relevant to me are at will employment, workplace bullying /hostile work environment and confidentially. I learned a lot about these three topics …show more content…
I know the need to keep certain things confidential, but I never knew the law and true reason why. I am gossiper, but now after this class I am not. You never know if what you are spreading around is true or something you should not even know. Also, it could be hurtful and I wouldn’t want someone gossiping about me. Progressive discipline can be in my future if I continue to gossip. I understand why HR managers must keep things private and I now understand their job better. I never knew how much went into their job and the secrets they are kept with. I know they need to keep social security numbers, performance reviews, pay, reference checks, and health related issues private (SHRM, 2012). I never knew they were involved in business information that non-management employees do not know. I also didn’t know they were involved with performance and disciplinary actions, I thought that was the manager job. Now I can see why an HR manager must keep these things confidential, they can be in big trouble if they told non-management what happened with another employee. Sometimes HR needs to tell other management a situation so they cannot promise confidentiality, especially if the situation could be a potential discrimination or harassment issue (SHRM, 2012). It is human resource job to resource the issue and not to make friends. I always worked in small eye doctor offices and we do not have HR departments. I worked for an optical management company and the corporate office was in New Jersey. Everything was done through email. We had an HR department who was one person. I only had to deal with her about pay, so I do not know what her job was other than that, never even met her. Learning about confidentiality will help me a lot in my current job and long term aspirations. I now understand the job of an HR manager better, so if I work at a place with an HR department I will know what they do and
A rehabilitation clinic dismissed two drug rehabilitation counselors for using peyote in a religious ceremony. The two counselors, including Smith, sought unemployment benefits. Possessing peyote is a criminal offense in the State of Oregon. The rehabilitation clinic denied the counselors unemployment on grounds of misconduct. Smith filed suit again the clinic. The Oregon Supreme Court overruled the rehabilitation clinic’s verdict. The court stated that Smith’s religious use of peyote was protected under the First Amendment's freedom of religion. The Employment Division, Department of Resources appealed the case to the United States Supreme Court on the grounds that possession and use of peyote is a crime. The Supreme Court returned the case back to Oregon State Courts to determine if Oregon law prohibits the use and possession of peyote for religious purposes. Oregon State court ruled that consumption of illegal drugs for religious purposes was still considered illegal; however, they were also aware that this ruling also violated the First Amendment. The main issue is whether the government can prevent the religious use of peyote under the Free Exercise Clause of the First Amendment, even if a law prohibits it for everyone else. In addition, can the state deny unemployment benefits to someone who has been fired for using peyote for religious purposes?
Confidentiality has several different levels that include employee, management, and business information. Employee data includes personal identifying information, disability and medical information, etc. Keeping this material confidential is important because the information could lead to criminal activity to include fraud or discrimination; this can result in decreased productivity and affect employee morale. Management information covers impending layoffs, terminations, workplace investigation of employee misconduct, etc. It should go without saying that sensitive data should only be available to management. Lastly, the business portion includes business plans, company forecasts, and special ingredients/recipes, information that would not be readily available to competitors. Employees and managers should receive training on how to properly handle confidential information (Jules Halpern Associates, LLC,
There are many injustices in the workforce, racism, gender inequality, and employees being replaced by new technology.
The Jaffee-Redmond ruling heavily impacted how all organizations and firms deal with staff members’ rights. Today, the legal human resource environment requires that all key organizational professionals know and understand the laws affected by this case. Prospective job candidates who are well-versed in these laws and similar issues can outmaneuver less knowledgeable candidates. Training in current privacy laws are a valuable asset in several settings, such as:
Holly Nowak’s take on how HR professionals have the ability to influence their company's ethics and play a leading role in development is 100% correct. HR professions have the resources to mold and shape an ethical workplace culture because their involvement in hiring, training and evaluating employees allows them to influence their organizations at many levels. Currently, in my role as a Resident Director, I’ve had to make many ethical decisions. My decisions aren't surrounding money but instead students well-being. It’s important to know how my decisions might affect the individual and the community. So from an HR standpoint making sure you hire individuals or train individuals to think and realized what's wrong and right in situations is
In this part, the task is to explain the role of the Fair Work Commission and the powers it is able to exercise in relation to this process. The Fair Work Commission is the self-governing national workplace relations tribunal and its main concern is to sustain a safety standard of salaries and working conditions, as well as other related areas such as workplace regulation and function (Australian Government, 2015).
The purpose of this paper is to analyze a specific, hypothetical employment situation encountered and to include the information regarding employment conflicts, questions, grievances, lawsuits, etc., in terms of how the situation was handled or resolved. Employment conflicts are a constant issue everyday in any organization; it is how you handle them both legally and professionally that counts.
Du Bois statement that, “good schooling could take place if parents support the school” in 1935 rings true today. Regardless, if the school of the design or ethnic background of the students or community it is vital for the school to have the support of the parents. Unfortunately, the perception was and still is that a good school is only viable in white suburban setting that receives the most funding. Desegregation of schools, while on the surface, appeared to tackle the divide in school resources; it removed the pride that parents had for their local school. Additionally, by desegregating schools the connection to teaching was
The main themes addressed in this article are the generational changes within the workforce, the advancements in the economy that are affecting the workplaces and the changes in the work ethic of employees.
Managers rely on HR to provide effective staff capable of accomplishing the goals of the organization. HR is valuable in ensuring employees are high performers, dealing with performance issues, and certifying that existing methods are compliant to the rules, contracts and laws under which the organization operates. When HR succeeds in developing processes to attract, hire and develop motivated employees, managers are able to focus on the objectives of their department and the organization.
The Unfair Dismissals Act 1977-2007 was set up to give clear guidelines on how an employer’s decision to dismiss an employee may be contested by an independent body. The main purpose of this Act is to shield employees from unfair dismissals. It also provides for an adjudication system and a redress system to those employees whose dismissals have been found to be unfair.
As a consequence of the separate legal entity and limited liability doctrines within the UK’s unitary based system, company law had to develop responses to the ‘agency costs’ that arose. The central response is directors’ duties; these are owed by the directors to the company and operate as a counterbalance to the vast scope of powers given to the board. The benefit of the unitary board system is reflected in the efficiency gains it brings, however the disadvantage is clear, the directors may act to further their own interests to the detriment of the company. It is evident within executive remuneration that directors are placed in a stark conflict of interest position in that they may disproportionately reward themselves. The counterbalance to this concern is S175 Companies Act 2006 (CA 2006) this acts to prevent certain conflicts arising and punishes directors who find themselves in this position. Furthermore, there are specific provisions within the CA 2006 that empower third parties such as shareholders to influence directors’ remuneration.
Dedication and hard work are additional components that have enabled me to gain ground in the workplace. For example, the refinery I work at is running 24, 7, for me this means having to sometimes work overtime or on the weekends. Taking on-line courses has made it easier for me to remain accessible and dependable as an employee. I haven?t learned how to fit in time with friends and family yet, but I hope by my 3 or 4 course this will be a breeze.
Work-based learning (WBL) as a method for learning is playing an increasing role in professional development and lifelong learning. There are lots of publications/articles available on Work-Based Learning, but the definitions and implementations vary from place to place. A Glass, K Higgins and A McGregor say that ‘Work based learning is any training that relates directly to the requirements of the jobs on offer in your organization’. This is one of the examples of WBL in the form of training. Work-based Learning is used as a terms in USA, for programs for school children to obtain experience from work (“Work-based Learning Guide 2002”). According to (Kathleen A. Paris and Sarah A. Mason) it gives a chance to young people to be prepared for the changeover from school to work and, to learn the realities of work and be prepared to make the right choice of work. In Europe (particularly in England, Scotland, Ireland) and in Australia available commendation is more focused on on-the-job preparation and on academic learning linked to work situations, Degree programs and negotiated learning programs.
In the end I believe that it is in our human nature to share not only our own stories but those of others around us. We must understand that possessing this information comes with responsibility and that there could be negative consequences with the disclosure of the same. Theories like Communication Privacy Management lead way to research in many concepts like gossip in the workplace or even expanding on its ‘”possession” concept within others. How ethical is it for one to own information that is not about oneself? Can it be used as leverage for advancement? How much does gossip in the workplace distracts from productivity? Is the boundary permeability affected only by context or are there any other factors that would directly influence