In 1980, a precedent was set in a Michigan court case involving a man named Charles Toussaint who was suing his employer, BlueCross Blue Shield, for wrongful termination based on the guidelines set in the employee manual (Alfred and Bertsche 33). The manual stated that employees would only be terminated for just cause, and the court decided that Blue Cross had violated the agreements in the employee manual (34). The court also ruled that even with Blue Cross’s efforts to provide a document that “issued non-binding guidelines” the employee manual was a contract and Toussiant was wrongfully terminated (34). After the precedent set by this case many employers and employees for that matter were reviewing their employee manuals for the type of ambiguous language that could allow them to get sued or sue. Consequently, a slew of wrongful termination lawsuits followed this one, which is why it is now important for employers to draft their manuals with experienced legal staff. Even with the best legal team and the perfect wording there is still no definite assurance that an employer will be completely protected from such lawsuits, but taking these preventive measures helps in the long run.
Employee manuals are an important document for employees and employers alike. This document provides the fundamental information that a company may wish to convey to its new employees and as a refresher for old employees. It is a general rule that all businesses with fifteen or more full-time or part-time employees should have an employee manual (Pestronk). Once a business has fulfilled the minimum requirement of fifteen employees “it becomes subject to the equal-employment opportunity provisions of the federal civil rights laws,” and consequently th...
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...loyees that are under contracts as per their employment status, it could be suggested that Gentilly Physical Therapy, Inc. create a section dedicated to professional licensed contract workers. The addition of this section will help the company cover themselves in the event of a lawsuit by outlining the specific guidelines for these types of employees.
Because the employee manual for Gentilly Physical Therapy is all inclusive and well written except for a few minor issues, it does not need many revisions. However, it does appear to have been written some time ago and could use some minor updating to reflect some of the current issues like technology and social media use during work hours. But as a past employee of Gentilly Physical Therapy, Inc. and knowing the business as I do, I do not think these updates are urgent while they do need to be addressed eventually.
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:
...lley, W. H., Jennings, K. M., Wolters, R. S., & Mathis, R. L. (2012). Employment & Labor Relations. Mason, OH: Cengage Learning.
Bennett-Alexander, Dawn D. & Hartman, Laura P. (2001). Employment Law for Business (3rd ed.). New York: McGraw-Hill Primis Custom Publishing. Downloaded February 4, 2008 from the data base of http://www.eeoc.gov
Walsh, D. (2012). Employment law for human resource practice. (4 ed.). Macon: South-Western Legal Studies in Business.
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
Colorado State University-Global Campus. (2013). Module 7 – Labor Relations [Blackboard ecourse]. In MGT 570 – Managing Human Resources (pp. 1-5). Greenwood Village, CO: Author.
Dred Scott, an African American man who was born into slavery, wanted what all slaves would have wanted, their freedom. They were mistreated, neglected, and treated not as humans, but as property. In 1852, Dred Scott sued his current owner, Sanford, about him, no longer being a slave, but a free man (Oyez 1). In Article four of the Constitution, it states that any slave, who set foot in a free land, makes them a free man. This controversy led to the ruling of the state courts and in the end, came to the final word of the Supreme Court. Is he a slave or a free man?
In dealing with a person’s livelihood, and often, sense of self, it is of no surprise that ethical issues regarding employment practices are of great concern. The issues of employment at will and due process contracts in the workplace are among the most widely contentious in the realm of employment. Employment at will is the doctrine that employment may be ended, by either party, for good, bad or no cause at all.1 Due process, on the other hand, is the employment practice in which a person may appeal a decision as a means of receiving an explanation and the opportunity to argue against it.2 Employment at will is the standard in the majority of private corporations today and is argued for relentlessly by freedom of contract enthusiasts, however, it is becoming ever more apparent that employment at will contracts reflect the old corporate maxim where the single bottom line, profit, is accented and the well being of other stakeholders, in this case the employee, are of little or no influence. Due process should be accepted as the prevalent employment system as it shelters employees from the hostile actions of the more powerful employer, provides a stable, bilateral contract between both parties and portrays the growing ethical concerns of society.
Bennett, Alexander, Hartman (2003), Employment Law for Business, Fourth Edition I., The Regulation of the Employment Relationship, The McGraw-Hill Companies.
American Physical Therapy Association (APTA) is an individual membership professional organization which has set up certain rules and regulations for supervision and teamwork. 1 APTA has defined different types of supervision to be followed by professional personnel. It is important to know those laws to meet the professional standards. Each state has its own practice acts. Michigan’s Department of Licensing and Regulatory Affairs (LARA) has given certain rules which is explained in “Department Of Community Health Board Of Physical Therapy General Rules” 2,7,8 & 9
Labour and Employment Law. Cincinnati, OH: South-Western Publishing Company.
Heneman, H. G., Judge, T. A., & Kammeyer-Mueller, J. D. (2012). Staffing organizations (7th ed.). New York, NY: McGraw-Hill.
Legal considerations play an important role in how employers and employees interact in the workplace. Common-law doctrines regarding this relationship have been established from many legal decisions made over the course of centuries (Reed & Bogardus, 2012). Common-law doctrines lay the foundation for best practices in employment which provide for both employer and employee safeguards.
Employment, Inc is committed to a policy, as stated by the Federal Employment Equity, of achieving equality in the workplace so that no person is denied employment opportunities, pay or benefits for reasons unrelated to ability. Employment, Inc is therefore committed to equal employment opportunities, as stated by the Civil Rights Act of 1964, for all applicants and employees without regard to age, race, color, religion, national origin, sex, physical or mental disability or any other unlawful grounds. In order to ensure an equitable workplace, Employment, Inc abides by a number of objectives as required by law. These objectives consist of::Workforce Survey - a collection of data on existing employees and determine those that fall into one of the designated categories.
Part 2 of Employer Duties and Rights- management rights, subcontracting, just-cause discipline and discharge, and safety standards.