Sunday, February 16, 2020

Employment-At-Will Doctrine Essay Example | Topics and Well Written Essays - 1000 words

Employment-At-Will Doctrine - Essay Example Given her educational background, it is already a behavioral and attitude issue more than learning issue. Also, given that she had a chance to perform and still did not even after months of training and support, it would be appropriate to talk to her about her performance (there might other factors why has learning issue such as personal problems) that if she does not improve, she may be asked to leave the company. After months of dismal performance even with training and support is already enough ground to terminate her employment â€Å"at will† unless otherwise stated or implied that she has contract with the company (Gibson et al., 2010). 2. The employee tends to burst into a rage when criticized and is frequently late to work as noticed by her boss and other staff members. When her boss attempts to address her behavioral issues and the company late policy, the employee’s response is that she â€Å"knows her rights and what to do† if she is wrongfully discharg ed. She also says she took a business law class in undergrad that taught her â€Å"everything she needs to know about exceptions to the employment-at-will doctrine and wrongful discharge in violation of public policy†. ... There are only few categories in the exemptions of the employment of will that can be invoked which are discrimination, public policy exemptions, implied contractual relationship and Sabarnes Oxley Act (Radin and Werhane, 2003). Tardiness is both attitude and performance issue which does not fall into the exemptions of â€Å"employment of will† and is a valid ground for termination. 3. The employee takes a day off from work, without management consent, for her religious holiday observance that falls on a day that is during â€Å"tax season†. The day off occurred during an incredibly busy period for the company during which the employer had notified all employees they were not allowed to take off without prior management approval. Also, there is no labor union for accountants. However, she begins talking to her co-workers during lunch breaks and sometimes during regular work hours, encouraging them to organize and form a union to â€Å"protect ourselves†. Describe what steps you would take to address the following scenario involving policies and procedures: It may be tempting to â€Å"fire† the employee to get rid of the many problems she brings but that would not be a prudent course of action for the management. Firing her might be construed as a discrimination against her religion and an exemption for â€Å"employment at will† (Sennel, 2008). In addition, the company might also be accused of either discriminating against fair labor practice or might fall in the exception of Sabarnes Oxley Act as the action might be construed as retaliation for the employee’s intention to put up a union or report some perceived wrong doings. It is more advisable to write her up for the absence during the peak season and talk to her about her talk of organizing a union. Her immediate

Sunday, February 2, 2020

Sociology of Gender-sexual assault, abuse and crime Essay

Sociology of Gender-sexual assault, abuse and crime - Essay Example There are actual websites that suggest that if a woman says "no" she really does not mean it. According to the FBI "the rate of forcible rapes in 2007 was estimated at 59.1 offenses per 100,000 female inhabitants" (U.S. Department of Justice, 2008, p. 2). The FBI defines "forcible rape" as forcing a woman to have sex against her will. The greatest challenge for rape victims is that police do not always believe that this has happened to them. According to Fazlollah (2008) there is a growing body of evidence that suggests that police departments ignore rape because "women often lie." (par. 1). The evidence shows that many police departments " fail to report rapes, miscategorize and disguise them and manipulate statistics in order to simplify their work or bolster their departments or their cities images. Often, police believe that alleged victims are lying and categorize reports as unfounded." (par. 5). This has created more problems in women reporting the crime because when they are n ot believed it takes a very long time for an individual to come to trial and/or to be convicted of the crime. In these cases most of the precincts that are adopting this stance continue to be dominated by men. There are many theories about rape and most of them deal specifically with "why" someone commits the crime. For most feminists, rape is more about power than it is about sex. According to Ellis (1989) the feminist view involves a mans decision to "behave towards women in a possessive, dominating, and demeaning manner" (p. 11). Thornhill and Palmer (2000) have taken issue with the feminist viewpoint and devoted work to developing a different sociological theory. In their research they believe that rape is about sex because men are sexual creatures. Also they state these facts: Because of these issues Thronhill and Palmer suggest that rape is a " a natural, biological phenomenon that is a product of the human evolutionary heritage." (p. 2). They show evidence