This website uses cookies to ensure you have the best experience. Learn more

Employment And Agency Law Essay

1174 words - 5 pages

In many organizations an individual’s culture and personal conduct helps employers to identify the relationship of each employee. Experiencing various situations encountered throughout my employment experience, I will discuss one conflict experienced by an acquaintance a few years ago at my last job. Analyzing the experience, I will address issues such as Title VII of the Civil Right Act, federal employment laws, the actions involved complying with federal employment acts, and how the employment situation could have been handled differently if they were a member of a union or contract laborer.In 2002, I worked at JP Morgan Chase in New York and witnessed to a co-worker terminated after 5 years of employment for reasons that were unclear. Traci was employed by the bank but she needed some extra cash so she began to sell adult products as a part-time gig after work and on the weekends. What Traci did not know was that it would cost her job. One day Traci was called into the office by upper management and an HR representative.Traci was asked many questions regarding the products she sold; she was also asked if she was selling the products on bank premises and Traci informed the employer that she was not. Traci did not think that she had done anything wrong because she was not on bank property when she conducted her business. Traci thought she answered all the questions honestly and that everything would be fine because she told her immediate supervisor the day she began her part-time job. That discussion took place about 6 months prior to her termination.Perhaps there were some rules that Traci were unaware of regarding having a second job while working for the company. I still wonder if this was not a case of discrimination because many employees sell products on the job and off. I have never known of an employee fired because of products sold, besides the one I am writing about in this paper. I have seen employees of companies sell jewelry, girl-scout cookies for their children, and various home-based products at work all the time. It is also possible that the nature of what she was selling determined her termination, and if so, that could be considered disparate-treatment discrimination. Traci was not married nor did she have children. The employer could have easily believed she was either gay or a lesbian and if so, Traci would have to prove that it was discrimination based on sex. There is also the possibility that her manager and HR felt that her association with “adult products” would ruin the bank’s reputation and integrity. Do companies have the right to control the physical conduct of an employee?Employees can dismiss employees at will except when an employee and an employer has a binding contract (contract exception), wrongful discharge (tort exception), or members of labor unions (statutory exception). Some employers require employees to adhere to high standard of business code of business ethics. If the employee...

Find Another Essay On Employment and Agency Law

Employment Law and Labor Relations Issues in your Workplace

974 words - 4 pages aspects of gender, race, or religion. In my workplace the Equal Employment Opportunity Policy is posted on almost every wall in the building. There are several issues that need to be addressed in my workplace. I work for a not-for-profit agency contracted with the Florida Department of Children and Families. We are an agency that tries to help families reunite once they have entered into the Family Law system. My job as a social worker is to promote

LGBT Employment Discrimination in National and International Law

2725 words - 11 pages access to healthcare. Then in 2002, general comment 15 did the same for access to water and sanitation. The crucial turning point for employment discrimination based on sexual orientation came in 2005 with the adoption of general comment 18, focusing on the right to work. Finally, general comment 20, adopted in 2009, made general updates to ICESCR’s non-discrimination law, including the following: “Other status” as recognized in article 2, paragraph 2

Employment Law, Outsourcing, Automation, and Union-management Relations

1258 words - 5 pages InformationCorbett, W.R. (2002). Waiting for the labor law of the Twenty-first Century: Everything old is new again. Berkley Journal of Employment & Labor Law, 23(2), 259.Mills, N. (2001, Summer). New strategies for union survival and revival. Journal of Labor Research, 22 (3), 599.OUTSOURCING, AUTOMATION, AND EMPLOYMENT LAWRelevance to Coastal County Clerk of Court…Accord has eliminated all the jobs associated with data records and

Advise Leon, Neil and Olivier as to their remedies, if any, in these cirsumstanes. Employment law

1786 words - 7 pages The law governing the issues identified is found in common law and statute, with guidancealso given by relevant codes of practice. The main statute is the Employment Rights Act1996. Although statue has largely superseded common law, where there has not been adecided case on similar facts under the statute, the court or tribunal will look to earliercommon law cases. Non-statutory materials such as Codes of Practice and handbooks issuedby

Analysis of Labor and Employment Law

1163 words - 5 pages previous rate of pay, there is no violation of the FMLA (Family and Medical Leave Act of 1993, § 102, subsection d, 2006). Situation B. Employee B, due to his or her age and position, is considered a protected employee under The Age Discrimination in Employment Act of 1967 (The Age Discrimination in Employment Act of 1967, § 12, 1967). He or she is 68 years old and as such falls under subsection A of the Age Limits section of the act, but

UK Employment Law Case study of fighting in the workplace, citing the cases of Meyer Dunmore Ltd v Rogers (1978) and Post Office v Fennell (1981) Johnson v Marney Superstores PLC

2202 words - 9 pages application for unfair dismissal must be issued within 3 months of the date of termination of the employment unless a case can be made to the tribunal stating that it was not reasonably practical to do this within this time.There are certain categories of employees who are excluded from bringing an unfair dismissal case such as the police and the armed forces, people who have reached the normal retiring age (or 65 if there is no normal retiring age) and


936 words - 4 pages agency worker as individuals who enter into a contract with a temporary work agency and who are supplied by that agency to work temporarily under the supervision and direction of the client or the ‘hirer’. Thus, the existence of the statutory definition on the fixed-term employment create a big impact as it gives legal recognition to this type of employment as opposed to the law in Malaysia. 4.1.2 LACK OF LEGAL PROTECTION SECURITY OF TENURE

Fixed-Term Contract

2460 words - 10 pages . In Malaysia, the law referred is the Employment Act 1955. Meanwhile, in the United Kingdom are the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, and the Agency Worker Regulations 2011. 1.6 LIMITATION OF RESEARCH There are several limitations in completing this research. The first limitation is the duration provided to complete the research. Due to time constraint, we are unable to expand the scope of the

Differences of Federal and State Regulation

1304 words - 5 pages shared in part by the state and federal government when the state has adopted a 706 agency to respond to federal EEOC complaints. According to Supreme Court of the United States, if a 706 agency relationship exists within a particular state, the plaintiff must first submit the complaint to the 706 agency for attempted resolution and the EEOC defers its involvement for a period of 60 days after the complaint is filed. An example of how state law

United States dealing with environmental danger

581 words - 2 pages is responsible for enforcing its rules to regulated entities. The agency regularly and notice sent to the compliance officers of health and safety at the workplace, where they carry out inspections and fines assessed for violations of the regulations, if any. Inspections may also be in response to incidents of work, worker complaints or referrals from other individuals. Under the Law on Occupational Safety and Health, to states and U.S

Legal Process Paper

881 words - 4 pages The Equal Employment Opportunity Commission (EEOC) is a Government agency, which exists to protect us all from employment discrimination based on race, color, sex, national origin, religion, retaliation, age and disability. Individuals who feel their employer has discriminated against them for any of these reasons have the right to file a complaint through the EEOC. This paper will outline the complaint process for John, an employee in the

Similar Essays

Agency Law And Business Entities Essay

2434 words - 10 pages laws are referred to as agency laws.Barnes, Dwarkin, and Richards (2003) stated Agency law addresses three basic but fundamental questions:1.What duties do a principal and an agent owe each other?2.What is the liability of the principal and the agent on contracts made by the agent?3.When is the principle liable for the torts of the agent?Answering these questions is critical for clarity in business transactions that occur between two entities. These

Employment Issues And Situations Uop Bus Law

1235 words - 5 pages disable employees, enforcing that employees be held under law to make reasonable accommodations for employees with disabilities and ensuring equal employment opportunities. Citizens with illness and physical disabilities such as Diabetes, Epilepsy, Down syndrome and Spinal Bifida had to be given a fair chance to earn a living (Chesseman, Legal Environment Of Business ) No longer could an employer say “We would love to hire you but we cannot

Employment Law Case Presentation And Analysis

1182 words - 5 pages the EEOC: INsights for employment mediators and counsel. Dispute Resolution Journal, 67(4), 19-38. Kubasek, N., Brennan, B., & Browne, M. (2012). The legal environment of business: A critical thinking approach (6th ed.). Upper Saddle River, NJ: Pearson Education. Maatman, Jr., G. L., & Degroff, C. J. (2012). EEOC-initiated litigation: Case law developments in 2011 and trends to watch for in 2012 Part I. Labor Law Journal, 63(1), 22-54. Remington, J

Mgt 434 Employment Law State And Federal Systems

1817 words - 7 pages those for, overtime, child labor, minimum wage, and family and medical leave (Federal Labor Law).Acts of congress establish Federal labor laws. Acts that are not Federal labor laws per se, but that do have provisions related to some aspect of employment, are also included. States are permitted to enact and enforce their own employment and labor laws, which include or expand the minimum protections afforded by the Federal laws. The Fair Labor