Milhauser v. Minco Products, Inc., 701 F.3d 268 (8th Cir. 2012). Mr. Milhauser’s employment was terminated by Minco Product’s INC. as part of a workforce reduction in June of 2009. He filed suit for discrimination on the basis of military service and failure to provide reemployment as required by Uniformed Services Employment and Reemployment Rights Act (USERRA). His first motion was denied and he appealed only on the second claim. Verdict was in favor of Minco Products, INC in both suits. Facts: Mr. Milhauser was employed with Minco in 2006. Between 2007 and 2009 he served three military deployments. In 2008, Minco experienced a decline in orders continuing into 2009. Minco cut costs including delaying purchases, reducing overtime, and making pay cuts. Despite these measures, in March of 2009 Minco eliminated 18 positions. This process was not successful and did not abate the decline and it was determined that 32 more positional cuts would be made in June. These cuts were determined by job duties, technical expertise, with employee attitude and work ethic being considered; seniority not being a factor. On June 3, 2009, Mr. Milhauser was terminated as part of the cutbacks. He filed two claims, the first being Discrimination and the second, Failure to provide reemployment as required by the USERRA. His first claim denied, he appealed the second claim regarding the USERRA. Issue: Did Minco fail to provide proper reemployment to Mr. Milhauser upon his return as required by the USERRA? Rule: Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301 et seq., 38 U.S.C. § 4312. Reemployment rights of persons who serve in the uniformed services - any person whose absence from a position of employment is nec... ... middle of paper ... ...ploy him. The summary judgment was consistent in properly applying the escalator principle within the Uniformed Services Employment and Reemployment Act and finds no basis for the plaintiff’s assertion of his continued employment. The plaintiff’s position would have indeed been terminated regardless of his military service (Title 38 United States Code, 1994). Business Managerial Settings: Discrimination has lasting effects on any business. Many laws protect against discrimination and workplace torts. In today’s business environment, we have many returning service-members seeking to assimilate back into their lives prior to service. Veterans are reentering the workforce with potentially far more skills and work experience than their civilian peers. As employers, we must assure we follow proper laws, regulations and support their return into the business community.
In the collective bargaining agreement under Article XX Section 1, there is list of the causes for immediate discharge. Out of the fourteen causes that are listed, McNamara has committed five of the causes. McNamara has disobeyed the rules that applied to safety and disobeyed her supervisor when she was reprimanded the first few times. There was a neglect of duty, in the case of sleeping during a safety lesson and reading a magazine while on duty. She refused to comply with plant rules, in that she did not follow the safety rules that require employees to
Under these circumstances, the court agreed that Summit had no reason to know or suspect that Kellar was working before her shift. Kellar’s wage payment claim under Indiana law was derivative of her FLSA claim, it failed for the same reasons. Thus, the Seventh Circuit affirmed summary judgment on both claims in Summit’s favor.
O'Keefe, Ed. "Minorities disproportionately discharged for 'don't ask, don't tell' violations." Washington Post 17 August 2010, Print.
Boester the 22nd AMDS Dental Commander for 4 of the 5 years I worked at McConnell. I also had multiple letters of recommendations including one from LtCol. Shockley second in command of the Dental Commander. It took the Denver VA from July 2015 to December 2015 to initiate and complete my hire on. During the 6 month long wait I worked for a wonderful civilian dental office that I left to work for the VA. Once hired at the VA my daily commute went from 30 miles to 60 miles, and I felt this was all worth it, because I was going to be of service to our veterans. Soon after arriving I was warned by other dental assistants of two individuals that can be rather nasty. In no time at all I figured out who these two were with no help from the others. There were multiple run ins that happened on and off the clock and in front of several witnesses. I went to my chain of command, my direct supervisor, Dr. Brandner. I gave him details of theses encounters and names of witnesses. The other assistants who had been employees for years also warned me to not be surprised when nothing
In today’s world, the American still has barriers to overcome in the matter of racial equality. Whether it is being passed over for a promotion at the job or being underpaid, some people have to deal with unfair practice that would prevent someone of color or the opposite sex from having equal opportunity at the job. In 2004, Dukes vs. Wal-Mart Stores Incorporation was a civil rights class-action suite that ruled in favor of the women who worked and did not received promotions, pay and certain job assignments. This proves that some corporations ignore the 1964 Civil Rights Act, which protects workers from discrimination based on sex, race, religion or national origin.
The Army provides fair treatment and equal opportunity for service members, their families, and the civilians who work within the Department of the Army regardless of their color, race, religion, national origin, and sex. These characteristics will not be the basis for training, assigning, promoting, or managing any service member. In addition, the Army supports an atmosphere that is free of discrimination and violation. Within the Army, the EO policy applies both on and off post, and during duty and non-duty hours; the policy also applies to working, living, and recreational environments. Equal opportunity violations considered one of the biggest difficulties that face today’s military, therefore, both juniors and seniors NCOs are obligated to maintain a positive EO program in their assigned units, and prevent any equal opportunity violations.
Disparate treatment is a form of discrimination that is prohibited by laws in which all employers must comply, including fire and emergency services. Disparate treatment in the workplace is applicable to many functions of the workplace, including, discipline, promotions, hiring, firing, benefits, layoffs, and testing (Varone, 2012). The claim of disparate treatment arises when a person or group “is treated differently because of a prohibited classification” (Varone, 2012, p. 439). In the 2010 case, Lewis v. City of Chicago, six plaintiffs accused the city of disparate treatment following testing for open positions within the Chicago Fire Department (Lewis v. City of Chicago, 2010). The case is based on the argument that the Chicago Fire Department firefighter candidate testing, which was conducted in 1995, followed an unfair process of grouping eligible candidates, therefore discriminating against candidates of African-American descent.
The decision to implement the five-dollar day minimum wage at Ford Motor came at a moment when the firm’s labour force had expanded more than thirty-fold in the previous six years. Output had risen twenty-five-fold in the previous five years and worker tasks had become increasingly menial and repetitive, with no room for discretion. This led to widespread employee dissatisfaction, with turnover reaching 370 per cent in 1913 (this was extremely high relative to other firms and industries). This level of turnover has been attributed to wage inequities and inadequate work conditions apart from job monotony. Absenteeism also soared. There were no formal vacations for the working class; therefore voluntary lay-offs could be seen as their replacement. Despite all these problems, Fo...
The Filene’s case talks about Norma, a loyal customer getting fired in a brutal way. We believe that there should be a series of practices that the managers must consider before making such strong decisions. It should be a two-way street in which the management describes to the customer why they are unhappy with her buying behavior and then give the customer a chance to defend herself. Norma, in this case, was kept in the dark throughout until she got her first clue – which was not being invited to join the Insiders Club for the Newton store. This made her very upset as her strong relationship with the company was not recognized. She was treated with respect by the previous management and additional discounts were given to her because of her loyalty.
There are several federal laws that provide important protections for veterans with disabilities who are looking for jobs or are already in the workplace. Those two laws are Title I part of the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA). These two Acts help to protect veterans from employment discrimination. Title I of the ADA, prohibits private, state and local government employers with 15 or more employees from discriminating against individuals on the basis of disability. USERRA has requirements for reemploying veterans with and without servi...
The U.S. Supreme Court has clarified that a successful constructive discharge claim requires even greater severity or pervasiveness than a hostile work environment claim. Because Kincade's claim does not even satisfy the lesser standard of a hostile work environment, summary judgment is
Global Communications is a company that needed a new strategy in order to compete with its competitors. The telecommunication industry was flooded with the addition of cable companies joining in their market. Global Communications was financially in a decline and had already asked union workers to give up a percent of their benefits in order to help. The union did so willingly in order to preserve the future of their jobs within the company. The company brought in new executives to try and come up with a plan to save the company from its decline. The senior leadership team came up with a strategic plan to compete with the telephone and cable companies. They obtained approval to implement the plan, but not without problems. The senior leadership team did not consult or divulge any of their plans to the union representative or the employees prior to their approval. Their plan included outsourcing some of the work overseas which would reduce cost but also cut jobs within the company. The senior leadership team needed the support of the union representative in order to explain to the worker's what the company's plans were and how it would affect them. The union representative was upset she was left out of the communications and had to hear it from her superiors. Global Communications needed the employees to grow and increase profitability; however they could not reach an agreement and Global Communications implemented layoffs. The union is discussing what action they will take to stop the outsourcing plan that will set precedent for the whole industry.
"Discrimination in the Military." National Gay and Lesbian Task Force. N.p., n.d. Web. 13 Feb. 2014.
This paper is an analysis of the closing of Speedy Motors Company's assembly plant in Eastland, Michigan and what might have been done differently. Speedy Motors Company (SMC) gave less than a month notice before they laid off nearly 2,000 workers and closed the facility. This facility had been providing jobs for the community for over 20 years.
Administrative Law Judge (ALJ) George McInerny found Electromation, Inc. guilty of “unfair labor practice charge under Section 8(a)(2) [and (1)] of the NLRA” (Hogler, 1993, p. 261). Electromation, Inc. is guilty of forming and interfering in labor organizations disguised as action committees. The five action committee subjects were: absenteeism/infractions, no-smoking policy, communication network, pay progression for premium positions, and attendance bonus program (Reed & Bogardus, 2012, p. 560).