Employment at Will Essay Example for Free

Employment at Will Essay There are several concerns and issues that had been analyzed by the new COO of the organization. Many aspects need to be carefully considered before making sound decisions of any corrective action or termination in effort to avoid legal actions. According to Connell and Castro, issues need to be carefully investigated by exploring relevant witness such as co-workers (Castro Connell, 2009, p.31). This will ensure that situations with misunderstandings are not the issue. However, the conclusion made by the COO should be practical and within reason, not made on impulse or suddenly, and in line with the Employment-at-will doctrine. Although, employees can be dismissed at any time for whatever reason if there aren’t any statutes that would prohibit the act, careful review of the concerns listed below is needed for the betterment of the company and its strategic plans. John posted a rant on his Facebook page in which he criticized the company’s most important customer. Jim sent an email to other salespeople protesting a change in commission schedules and bonuses and suggesting everyone boycott the next sales meeting. Ellen started a blog to protest the CEO’s bonus, noting that no one below director has gotten a raise in two (2) years and portraying her bosses as â€Å"know-nothings† and â€Å"out-of-touch† Bill has been using his company-issued BlackBerry to run his own business on the side. The secretaries in the accounting department decided to dress in black-and-white stripes to protest a memo announcing that the company has installed keylogger software on all company computers. After being disciplined for criticizing a customer in an email (sent from his personal email account on a company computer), Joe threatens to sue the company for invasion of privacy. One of the department supervisors requests your approval to fire his secretary for insubordination. Since the secretary has always received glowing reviews, you call her into your office and determine that she has refused to prepare false expense reports for her boss. Anna’s boss refused to sign her leave request for jury duty and now wants to fire her for being absent without permission. Summarization of Employment-At- Will Doctrine In any kind of employment relationship, employment is a moment to moment employment contract between the employer and the employee. Therefore, the employment- at – will doctrine allows the employer to do whatsoever it feels to the respect of the employee. Putting it differently, the doctrine permits an employer to terminate a worker for any reason good, bad, or without reason as long as the termination is within the legal parameters (Urhuogo, 2010, p.29). In other words, if nothing else applies to the situation at hand such as a specific law of court case that would support the termination (Anti- Discrimination Law), then the employment – at – will doctrine will succeed. However, exceptions at the federal, state, and city level such as specific statutes or laws and common laws (contract and public policy) allowed for modifications to be implemented to the employment-at-will-doctrine in effort to prevent an employer in terminating a worker under the more precise exemption. At the federal level Title VII (Civil Rights Act), which includes race, sex, national origin, and religion are protected. In addition, workers are protected under the Age Discrimination and Employment Act, Americans with Disability Act, and National Labor Relations Act, which protects workers that participate in a union. Most state laws are paralleled to those laws implemented at the federal level. However, some states have expanded their laws to further modify the employment-at-will doctrine for example; some states have included sexual preference as being protected, which is not covered under the federal law. Common law exception, which is applied to all levels is based on precedence and therefore, does not need   o apply. An example would include a judge handing down a verdict in his or her jurisdiction creating an exception to the employment-at-will-doctrine. The decision made by the judge would therefore become a binding on employers, which is independent or separate of the laws or statutes that was created by the legislative body. In conclusion of the employment-at-will doctrine, if the workers termination does not fall within the statutory or common law exception, the employment-at-will doctrine will default. Recommendation and Implementation Firstly, many of the concerns and issues referenced above could have possible been eliminated if a whistleblowing policy had been implemented. Realizing and executing this policy within the workplace, allows for whistleblowers to exhibit a role of importance that could eliminate unethical or illegal behaviors within the workplace before any issues become too difficult to handle. When organizations continue to have employees that display a characteristic of being unethical, they position the organization to be at risk in a negative manner legally, financially, and publically. The fact of the matter is that wrong doing occurs in many organizations, but workers at ALL levels should feel comfortable and confident that their work environment is not one of being hostile. Therefore, including a whistleblowing policy should be safe for the worker in knowing that if or when a matter is reported internally; any corrective action can be quickly executed thereby, causing workers to become more ethical. In addition, ongoing ethics training for workers at ALL levels in effort to enhance a moral environment or climate should be applied so that: Objectives and strategic plans are met and the best way to ensure that they are met Leaders are â€Å"walking the walk and talking the talk† (setting examples for all) Workers will feel as though their communication and responsibility is of value to their place of work. Finally, the assurance of the policy should be an image of the company and therefore, being upheld than just words on a piece of paper. The whistleblower should feel confident and safe that when an investigation is done, it will be conducted in an objective manner and investigated by one that has absolutely no influence on the outcome. This too will give a feeling that confidentiality is of value within the organization to the whistleblower. After careful review of the employee issues and concerns, the following recommendation has been made: Firstly, the real boss in my opinion is the customers and especially the high profitable ones because they are the major source of buying. And if your high profitable consumers decide to take business to your competitors then you basically have fired yourself. Although, John decided to criticize the most important customer, it is best to terminate his position due to the fact that at that moment a competitive disadvantage had been created. Jim and Ellen have some real legitimate grievances that need to be address by the company in effort to determine if other employees have the same concern and if so, developing ways to correct the issue. However, both Jim and Ellen have real concerns in reference to pay and therefore, it should be addressed. I believe that they both need to be coached and maybe even disciplined on the way of handling their concern but, I feel that they are both protected under the retaliation law and public policy. In Bills cases, grounds for termination can be expected assuming he did not get permission first. The use of the company’s cellular in effort to start his business is considered theft. Misusing the company’s resource for personal business causes the business to lose time and money. Im afraid it is perfectly legal for an employer to monitor company computer usage while you are at work, you do not have the right without permission to do your private work on your companys computer. Therefore, the accounting department need to be coached on the expectations of the company but also understand that they are not obligated to continue their employment with the organization if they feel disapprove of the key loggers. I believe that Joe has the right to sue the company due to the fact that it was his personal email that had been reviewed. I believe that if Joe’s criticism had been done on the business email then corrective action must stand. In order for the business to prevent personal email usages, it should be clearly outlined in the employee handbook as well as explaining the extent of computers being monitored. Employers should make sure that workers clearly understand the policy. The information provided by the secretary should be investigated thoroughly. If her claim is true, then she would be protected by the violation of public policy. The secretary cannot be terminated due to the fact that she declined to prepared false expense reports for her boss. However, the boss should and need to be investigated and terminated for his actions to eliminate a hostile work environment. Anna exercised her legal right under public policy law reporting to jury duty. However, Anna’s boss may ask for proof of jury duty and unless the employee handbook state otherwise, the employer does not have to compensate Anna. Termination in this case would be illegal. In Conclusion, understanding the employment-at-will doctrine and carefully executing the parameters of the doctrine can still leave the employer with sense of being uneasy and becoming apprehensive that an employee will attempt to sue. According to Wood and Karau, it is imprtant to respect employees during the process of which the termination is taking place because it will show the employee that their work was appreciated while they were working for the company (Wood Karau, 2008, p. 521). This can help or assist in preventing legal actions when respect is given. According to Urhuogo, Giving employee’s reasons for termination may result in employees to be understanding of the situation (Urhuogo, 2010, p.33). However, in the end, every employers and workers must display a demeanor that is ethical and suitable for the company and themselves.

Bay of Pigs Invasion :: essays research papers

Bay of Pigs Invasion   Ã‚  Ã‚  Ã‚  Ã‚  In Cube on April 17, 1961, the United States was supposed to be apart of a missile attack. Many people were killed during this time and the whole thing became a complete failure. A week before the actual bombing was to occur, Kennedy had withdrawn his order to land aerial cover (Morrissey). This loss of nerve at a critical moment in time had caused the failure at the Bay of Pigs (Fernandez-Zayes). Kennedy’s decision to cancel air strikes was the result of the loss at the Bay of Pigs.   Ã‚  Ã‚  Ã‚  Ã‚  In 1959, Fidel Castro had become the powerful leader of Cuba. Castro was a communist and became hostile to the Unite States two years after he became Cuba’s leader (Encarta). People associated with Castro had taken ownership over United States companies and Eisenhower was forced to put in place a trade embargo. Cubans during this time had gone to the United States to escape the communist leadership that Castro was imposing on people. When Eisenhower had told the CIA to train Cuban exiles, they were planning on an invasion when Kennedy became president (Encarta).   Ã‚  Ã‚  Ã‚  Ã‚  In April 1961, 1500 Cuban exiles made a landing at the Bay of Pigs (Encarta). The plan they had was to join with people who were against Castro to start a revolt. But things didn’t follow through because Kennedy didn’t send in the air support that was promised. Castro’s followers had killed most of the exiles and kept the others as prisoners. Castro wanted money for their release but Kennedy had refused to negotiate with him (Encarta). On December 25, 1962, 1113 prisoners were released in exchange for food and medical supplies that was worth a total of $53 million (J.A. Sierra). This never would have happened if Kennedy didn’t withdraw the aerial cover.   Ã‚  Ã‚  Ã‚  Ã‚  The other strategy that the United States had was to â€Å"go guerilla.† The troops there were not trained and not suitable for them. Things were against them because there was no place to hide, no way to communicate, no food, and no inhabitants to support them (Morrissey). The Zapata Peninsula was chosen by the CIA for the invasion and convinced them of the plan. The people thought it would be hard to get there because of the length of the mountains there. There were no motorized vehicles too get around. The area was swampy, isolated and uninhabited so there was no possibility of an uprising (Morrissey). Bay of Pigs Invasion :: essays research papers Bay of Pigs Invasion   Ã‚  Ã‚  Ã‚  Ã‚  In Cube on April 17, 1961, the United States was supposed to be apart of a missile attack. Many people were killed during this time and the whole thing became a complete failure. A week before the actual bombing was to occur, Kennedy had withdrawn his order to land aerial cover (Morrissey). This loss of nerve at a critical moment in time had caused the failure at the Bay of Pigs (Fernandez-Zayes). Kennedy’s decision to cancel air strikes was the result of the loss at the Bay of Pigs.   Ã‚  Ã‚  Ã‚  Ã‚  In 1959, Fidel Castro had become the powerful leader of Cuba. Castro was a communist and became hostile to the Unite States two years after he became Cuba’s leader (Encarta). People associated with Castro had taken ownership over United States companies and Eisenhower was forced to put in place a trade embargo. Cubans during this time had gone to the United States to escape the communist leadership that Castro was imposing on people. When Eisenhower had told the CIA to train Cuban exiles, they were planning on an invasion when Kennedy became president (Encarta).   Ã‚  Ã‚  Ã‚  Ã‚  In April 1961, 1500 Cuban exiles made a landing at the Bay of Pigs (Encarta). The plan they had was to join with people who were against Castro to start a revolt. But things didn’t follow through because Kennedy didn’t send in the air support that was promised. Castro’s followers had killed most of the exiles and kept the others as prisoners. Castro wanted money for their release but Kennedy had refused to negotiate with him (Encarta). On December 25, 1962, 1113 prisoners were released in exchange for food and medical supplies that was worth a total of $53 million (J.A. Sierra). This never would have happened if Kennedy didn’t withdraw the aerial cover.   Ã‚  Ã‚  Ã‚  Ã‚  The other strategy that the United States had was to â€Å"go guerilla.† The troops there were not trained and not suitable for them. Things were against them because there was no place to hide, no way to communicate, no food, and no inhabitants to support them (Morrissey). The Zapata Peninsula was chosen by the CIA for the invasion and convinced them of the plan. The people thought it would be hard to get there because of the length of the mountains there. There were no motorized vehicles too get around. The area was swampy, isolated and uninhabited so there was no possibility of an uprising (Morrissey).

Hotel on the Corner of Bitter and Sweet Essay

One should not stop going for what they want. Through the struggles and obstacles being thrown at two people who are in love but the others may not be able to see it, they will always find a way back to each other. This book demonstrates the hardship two young people who are in love to find a way to each other even though at the time, interracial dating was not very common and looked down upon. During the Japanese internment in WWII, Henry, who is a first-generation Chinese American, went to an only non-white school was forced to work in the kitchen during lunch and clean after school because that was how his â€Å"scholarship† was being paid for. At that school, he met a Japanese-American girl named Keiko and became friends instantly. Even though Henry’s father was not very fond of the â€Å"enemy† Japanese people, that did not stop Henry from being her friend. One night, both Henry and Keiko snuck out to see each other. When they saw each other, Keiko gave him her family pictures because all Japanese had to get rid of any possession that could link them being known as Japanese so they could avoid being taken away. Japantown was filled with families and businesses who were forced to shut down and leave to the safer internment camps. Henry had to go through that pain of watching Keiko’s entire family leave, he was helpless to stop them but at the same time afraid that he would be herded with them for his similar physical appearance. Because it was a tradition for the Chinese to send their children back to China to complete their schooling, that is what Henry’s father did. He sent him back to China. He agrees to go if his father saves the Panama Hotel where Keiko’s family stored a lot of their belongings when they were shipped to the internment camps. While sending letters back and forth letters to Keiko, that is how Henry met the women he ended up marrying, Ethel. She worked at the post office and befriended him. As the war was going on, Keiko’s letters stop coming. The only reason why Keiko’s letter stops coming because his father interfered with the delivery of the mail for Henry’s own good. That is when Henry eventually moves on with his life, finishes school and marrying Ethel, but does not forget about Keiko. After the wife dies of  cancer he tries to find meaning for living. By doing so he goes back and visits the last Japanese habitation, which was the Panama Hotel. He never really forgot about Keiko, that was his first love. Even though Henry’s son, Marty, and Henry were not close, slowly but surely he eventually told him about Keiko. Marty and his fiancà © go out finding Keiko and sends Henry to New York to be reunited with his first love, Keiko. Being in Henry’s father’s shoes, I could see why he stopped the communication between Henry and Keiko. He was really just doing what is best for his children. At that time interracial relationships were not common but I guess nowadays parents cannot really choose who is going to marry their children. You cannot help how you feel and when you feel a certain way you will do whatever it takes to be back with the one you love. I think it was so cute how Keiko and Henry sent letters back and forth, nowadays it is only text messages or snapchats being sent. There was no sentimental feeling like there was before. Now we rely on technology as our form of communication and that is why some relationships fail. It is hard bringing your culture to America especially when you want to live the American lifestyle or culture. I know Henry’s father did not want him speaking Cantonese at home because if he spoke English, he would be more acceptable as an American. He was proud that Henry was going to an American school but of course he was not going to let some of the traditions go so therefore sends him to China. Henry’s father’s morals are very different with Henry as he grows up to being a father. When Henry has a son who is planning on marrying an American girl. At that time, dating outside the race is more acceptable. With me dating outside the Filipino race, my parents are okay with that. To them race does not matter. What matters is how the other person feels about you and vice versa. One that cares for you, takes care of you, and how they treat you should be the bigger concern and not the race. I always thought I would have to date within my race because I know that is what my parents would want, but they told me race should not matter. It is just how the other person can make you feel that matters the most. As long as I am happy, my parents are happy. I wish Henry’s father saw that Henry was happy with Keiko, but since his father was not very fond of the  Japanese, he did everything he can for them not to keep in contact. The story ends on a sweet note. The first thing Henry says when they meet was a Japanese phrase to tell her how beautiful she was, that he learned when he was a boy. Through the search from the city and pain and memories Henry had in the past, finding Keiko was the main purpose in his life. He wanted to be rekindled with his first love again. Hotel on the Corner of Bitter and Sweet did a good job at alternating between telling the story at adolescent Henry’s war years with his later life in 1986. The author manages to tell the story of the Japanese evacuation, of the struggles between generations in immigrant families, and of the friendship that later turned into love between Henry and Keiko. This book also tells an important story, that of the internment of Japanese-Americans during World War II and it was heartbreaking to watch Keiko’s family as they were evacuated, despite the fact that her family was more â€Å"American† than Japanese, and that Keiko was born in the U.S. Keiko’s frustration at seeing those of Japanese heritage taken away and her family’s strength as they are forced to leave behind their entire life is hard. I cannot image being taken to an unknown place with my family because of who we were. I liked how the author incorporated the generation of Chinese-American Henry and his immigrant parents. Henry’s father demands that he speak only English in their home, despite the fact that this leaves Henry unable to communicate with his parents but be more acceptable to the American culture. This book was overall a touching book. It was more than a love story between two people, it was the hardships that was going on during the WWII that kept those two from being with each other and with Henry’s father stopping communication between Keiko and Henry. I had mixed emotions because I was happy they found their way back to each other but at the same time I was upset because I wanted to know what would happen next.

Research Paper On Plastic Pollution - 1831 Words

Joshua Oldenkamp Dr.Arturo Vega October 30,2017 Policy Analysis Paper: Introduction: While taking one of my SMC courses at St.Mary’s University, my professor began a discussion on plastics pollution and the effects it has on the environment. My professor began to talk more and more about this uncharted territory known as plastic pollution I never knew plastic was so harmful and what it is doing to our environment.What I knew then does not compare to what I know now. Everything that I have included in this research paper stems from what I have learned and the policies we have in the United States, the state of Texas, and the city of San Antonio. Issue Definition: Here I identified the who what when and how and the main issue†¦show more content†¦The Solution: would be to either provide incentivized programs and or tax on plastic, or leave everything the way it is. I will attempt to analyze our current use of programs to prevent further plastic pollution the San Antonio area, and whether or not we stay with the status quo, implement buyback programs or tax people who want plastic bags. The defining issue at hand is the increasing plastic presence, the pollution it brings along with, the disposal we provide, or do not provide. Plastic is going to be one of the leading issues in the next few years, right next to climate change. Background: Plastic is made up of carbon, this is a man-made product which is specifically from oil. There were other creations before the discovery of plastic, in 1923 it was the Macintosh and rubber, then in 1839 the company Goodyear combined rubber and sulfur creating moldable stable substance, this process is known as vulcanization. In the 1850’s though 1870’s there was the ivory trade and billiard balls, and in 1909 the create of modern plastics, Bakelite. Then in 1930 we created the thermoplastic. There are 7 different type of plastics, polyethylene, polystyrene, polyethylene terephthalate, polyvinyl chloride, polytetrafluorethylene, polyvinylidene, and polypropylene. Polyethylene, is the more commonly found plastic, this is our plastic bags, soda and water bottles, plastic films and their cases, and garbage bags. Polystyrene, inShow MoreRelatedOcean Pollution And The Ocean1673 Words   |  7 Pagesmedicine resources from the ocean if plastic pollution is not prevented or minimized? We as humans, need food and most times medicine to survive and to be healthy. Some of the resources we need for food and medicine come from the ocean. What will happen to our resources if we cannot prevent or at least minimize plastic pollution in the ocean? This paper will be about what experts say about ocean pollution, and how we can prevent it. 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