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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...

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