Employment Law Essays (Examples)
Study Document
Employment Law
II. Client’s Case
D. Application of the law to the Facts
Was Jennifer in breach of the confidentiality agreement that she signed committing never to disclose confidential/proprietary information she encounters in … work, she was offered a total of $125,000. Following her employ, she passed-on key Hallmark documents (and information) to RPG. Hallmark initiated a law upon its learning of the said developments. According to Peacock (2013), “the jury returned a verdict in Hallmark's favor for $860,000 - equal … termination notice, but also a severance. This the company would be doing as a demonstration of compassion and to minimize the probability of law in the future. However, at present, the company ought to defend itself against a clear breach of a confidentiality agreement.
iii. To avoid ……
References
References
Frey, M.A. (2015). Essentials of Contract Law (2nd ed.). Mason, OH: Cengage Learning.
Gross, J.A. & Compa, L.A. (2009). Human Rights in Labor and Employment Relations International and Domestic Perspectives. Champaign, IL: Labor and Employment Relations Association.
Peacock, W. (2013). Breach of Contract, Confidential Info Leak Case: Hallmark Prevails. Retrieved from https://blogs.findlaw.com/eighth_circuit/2013/01/hallmark-prevails-in-breach-of-contract-confidential-info-leak-case.html
Study Document
Law In Business
law in Business
Source: Saunders, K. M., & Golden, N. (2018). Skill or secret? — the line between trade secrets and employee general skills … K. M., & Golden, N. (2018). Skill or secret? — the line between trade secrets and employee general skills and knowledge. Journal of law and Business, 15(1), 61-99.
This article primarily focuses on how employees should treat trade secrets legally. The authors argue that as agents or … or experience that he or she may have gained on a current or former job without being accused of trade secret misappropriation. This law is related to two legal concepts: employee mobility and protect competition. Nevertheless, the difference between general knowledge and trade secrets is usually not … often use to differentiate between trade secrets and general knowledge in related cases.
This article is legally important since it addresses trade secrets law and the agency law. An……
References
Edelman, M. (2018). Lack of integrity? Rebutting the myth that U. S. commercial sports leagues have an intellectual property right to sports gambling proceeds. Journal of Law and Business, 15(1), 1-16.
Franck, J-U., & Peitz, M. (2018). Suppliers as forgotten cartel victims. Journal of Law & Business, 15(1), 17-59.
Saunders, K. M., & Golden, N. (2018). Skill or secret? — the line between trade secrets and employee general skills and knowledge. Journal of Law and Business, 15(1), 61-99.
Study Document
Violent Crime Control And Law Enforcement Act Of 1994
Crimes in the U.S.
Introduction
Contrary to US civil law, the nation’s criminal law represents a legal system which deals with penalizing those who perpetrate criminal offenses. Among the many criminal law of the nation is its 1994 Violent Crime Control and law Enforcement Act or, simply, crime bill. The bill’s enactment was, in a number of ways, characteristic of the tough-on-criminals bipartisan campaign of the … ways, characteristic of the tough-on-criminals bipartisan campaign of the latter part of the past century. The bill included numerous positive provisions like greater law enforcement accountability and fresh protections for those victimized by perpetrators of sexual abuse/assault and domestic violence; however, it was believed to worsen the racial … as court interpretation of the act through examining different aspects of the bill.
History of crime bill
The 1994 Violent Crime Control and law Enforcement Act or bill was formulated by presidential candidate for the……
References
References
Raymond Derrial Madden, Petitioner-appellant, v. United States of America, Respondent-appellee, 64 F.3d 669 (10th Cir. 1995)
Sepulveda v. United States, 69 F. Supp. 2d 633 (D.N.J. 1999)
United States of America, Plaintiff-appellee, v. Joanne Kwi Ye Estes, Defendant-appellant, 166 F.3d 1218 (9th Cir. 1998)
United States v. Madden, No. 92-6206 (10th Cir. Apr. 20, 1993), WL 332262 Books and article
Moore, R. (2017). The new Jim Crow: Mass incarceration in the age of colorblindness. Macat Library.
United States Congress. (1994). Violent Crime Control and Law Enforcement Act of 1994. Public law, (103-322).
Websites
The Establishment. (2016, April 12). About That Controversial 1994 Crime Bill. A Medium Corporation. Retrieved from https://medium.com/the-establishment/about-that-controversial-1994-crime-bill-c17ccfcc25fa
Study Document
Confidentiality Breach And Unfair Dismissal Law
… does indeed have significant strengths in as far as its legal claim is concerned. This is more so the case given that Jennifer law did indeed sign a confidentiality agreement whereby she made a commitment to keep any information gathered relating to the creation of Ever-Gold secret. … be prudent to note that Greene’s Jewelry position would be weak. The subsequent sections of this text not only analyze the facts and law relevant to the scenario presented, but also evaluate the various facts to be determined. Cases that support the position of Greene’s Jewelry will … various facts to be determined. Cases that support the position of Greene’s Jewelry will also be highlighted.
II. Client’s Case
A. Facts and law
Jennifer has been sued by Greene’s Jewelry for breach of the confidentiality agreement she signed. In the said confidentiality agreement, Jennifer made a … agreement she signed. In the……
References
References
Bagley, C.E. (2012). Managers and the Legal Environment: Strategies for the 21st Century (7th ed.). Mason, OH: Cengage Learning.
Chociey, E.F. (2018). The Defend Trade Secrets Act of 2016: An Overview and Analysis of the Statute Establishing a Federal Civil Cause of Action for Trade Secret Misappropriation and Notable Case Law to Date. Retrieved from https://www.lexology.com/library/detail.aspx?g=a6c6cf8f-5d89-4cbd-9c64-82ca38e53006
Justia (2020). Chestnut v. Stone Forest Industries, Inc., 817 F. Supp. 932 (N.D. Fla. 1993). Retrieved from https://law.justia.com/cases/federal/district-courts/FSupp/817/932/1459432/
Peacock, W. (2013). Breach of Contract, Confidential Info Leak Case: Hallmark Prevails. Retrieved from https://blogs.findlaw.com/eighth_circuit/2013/01/hallmark-prevails-in-breach-of-contract-confidential-info-leak-case.html
U.S. Department of Labor (2020). Plant Closings and Layoffs. Retrieved from https://www.dol.gov/general/topic/termination/plantclosings
Study Document
Employee Treatment In The Workplace
… treatment of workers is a priority for any employee given that it is a right guaranteed by the Constitution and protected by labor law. Since this right is protected by the Constitution and existing federal and state law, employers face the need to establish work settings and procedures the ensure all employees are treated in a fair and equal manner. Existing … face the need to establish work settings and procedures the ensure all employees are treated in a fair and equal manner. Existing labor law protect employees from discrimination, unfair treatment, retaliation, and other work-related issues. For this large company, making business decisions in consideration of employment protections is essential toward ensuring fair treatment of employees. The significance of fair treatment of all employees in this large company with respect … ensuring fair treatment of employees. The significance of fair treatment of all employees in this large company……
References
References
Coble, C. (2015, June 11). Can Undocumented Immigrants Get Workers’ Comp? Retrieved March 12, 2020, from https://blogs.findlaw.com/injured/2015/06/can-undocumented-immigrants-get-workers-compensation.html
Grabell, M. & Berkes, H. (2018, February 7). Florida Bill Seeks to Stop Arrests of Injured Immigrant Workers. National Public Radio. Retrieved March 12, 2020, from https://www.npr.org/sections/thetwo-way/2018/02/07/583995647/florida-bill-seeks-to-stop-arrests-of-injured-immigrant-worker s
Jennings, M. (2018). Business: Its Legal, Ethical, and Global Environment (11th ed.). Mason, OH: Cengage Learning.
Lenard, P.M. (1987). Unjust Dismissal of Employees at Will: Are Disclaimers a Final Solution? Fordham Urban Law Journal, 15(2), 533-565.
Lindsay, D.C. & Moore, L.M. (2011). State and Federal Leave Laws: How Recent Legislative Changes Have Complicated Leave Administration. Employment Relations Today, 38(1), 77-90.
Macgillivray, E.D., Beecher, H.J.M. & Golden, D. (2010, December). Legal Developments – Recent Action, Federally and in the Workplace. Global Business and Organizational Excellence, 73-81.
Mello, J.A. (2019, August 9). Why the Equal Pay Act and Laws Which Prohibit Salary Inquiries of Job Applicants Can Not Adequately Address Gender-Based Pay Inequity. SAGE Open, 9(3), https://doi.org/10.1177/2158244019869106
Muhl, C.J. (2001, January). The Employment-at-will Doctrine: Three Major Exceptions. Monthly Labor Review, 3-11. Retrieved from Bureau of Labor Statistics website: https://www.bls.gov/opub/mlr/2001/01/art1full.pdf
Study Document
Why Uber Refuses To Hire Drivers As Full Time Employees
… with local area Uber drivers. Finally it will conclude with a reflection from a Christian perspective on how Uber should address its driver employment status issue.
The Main Problem
The main problem that Uber has is that its drivers who commit themselves full-time to driving for Uber … both drivers and passengers at risk (Bhuiyan, 2018).
Primary Cause of the Problem
The primary cause of the main problem of Uber’s drivers’ employment status is the fact that to be competitive and to differentiate itself from traditional taxi cab companies, Uber had to exploit the share … sense of accountability or of any plan for corporate social responsibility. Though the gig economy could be partly to blame for Uber’s driver employment status issue, the company has certainly exploited its contractors and undermined the traditional driver for hire industry with its app. The fact that … company has certainly exploited its……
References
References
Bhuiyan, J. (2018). Uber’s sleek new product? Your safety. Retrieved from https://www.vox.com/2018/9/6/17824294/uber-safety-product-feature s
Bond, S. (2019). Uber Received Nearly 6,000 U.S. Sexual Assault Claims In Past 2 Years. Retrieved from https://www.npr.org/2019/12/05/785037245/uber-received-nearly-6-000-u-s-sexual-assault-claims-in-past-2-year s
Kaltner, J. (2018). Employment status of uber and lyft drivers: Unsettlingly settled. Hastings Women's LJ, 29, 29.
Malos, S., Lester, G. V., & Virick, M. (2018). Uber drivers and employment status in the gig economy: Should corporate social responsibility tip the scales?. Employee Responsibilities and Rights Journal, 30(4), 239-251.
North, A. (2019). It’s not just passengers being assaulted in Ubers. Drivers are at risk, too. Retrieved from https://www.vox.com/2019/12/7/20998646/uber-safety-report-sexual-assault-lyft-case s
Rapier, G. (2019). Uber scored a major victory when the US government ruled drivers aren't employees, but not everyone is happy. Retrieved from https://www.businessinsider.com/uber-drivers-disappointed-ruling-not-employees-2019-5
Reingold, J. (2013). Southwest’s Herb Kelleher: Still crazy after all these years. Retrieved from http://fortune.com/2013/01/14/southwests-herb-kelleher-still-crazy-after-all-these-years/
Rogers, B. (2016). Employment rights in the platform economy: Getting back to basics. Harv. L. & Pol'y Rev., 10, 479.
Study Document
Recruitment And Retention Human Resource Policies
1. Best practices and compliance with recruitment law
The first step towards filling the request will be to review the various H.R. best practices and compliance to minimize an employee law's risk. The review will be done on issues such as hiring, wage requirements, and employee classification. To ensure this, the H.R. department will … this, the H.R. department will establish a strategy (assuming none exists at the moment) for regulatory reviewing and updating compliance procedures and labor law that are constantly changing (Breaugh, 2016). The suggested strategy is to have one of the H.R. department staff members as a "point person" … sexual orientation, disability, and ethnicity (Patterson & Zibarras, 2018). To achieve this, the recruitment process will not ask some questions, especially in the pre-employment interview, and there shall be the same legal requirements for hiring. At the federal level, the U.S. Equal employment Opportunity Commission (EEOC) enforces……
References
References
Arthur, D. (2012). Recruiting, interviewing, selecting & orienting new employees. AMACOM Div American Mgmt Assn.
Avery, D. R., McKay, P. F., & Volpone, S. D. (2013). \\\\\\"Diversity staffing: Inclusive personnel recruitment and selection practices.\\\\\\" In Q. M. Roberson (Ed.), Oxford library of psychology. The Oxford handbook of diversity and work (p. 282–299). Oxford University Press.
Becker, W. J., Connolly, T., & Slaughter, J. E. (2010). The effect of job offer timing on offer acceptance, performance, and turnover. Personnel Psychology, 63(1), 223-241.
Breaugh, J. (2016). Talent acquisition: A guide to understanding and managing the recruitment process. Society of Human Resource Management.
Compton, R. L. (2009). Effective recruitment and selection practices. CCH Australia Limited.
Flynn, W. J., Mathis, R. L., Jackson, J. H., & Valentine, S. R. (2016). Healthcare human resource management, 3rd Edition. Cengage Learning, U.S.
Garner, E. (2012). Recruitment and Selection. Bookboon.
Gusdorf, M. L. (2008). Recruitment and Selection: Hiring the right person. USA: Society for Human Resource Management.
Study Document
Why Ageism Needs To Be Stopped In Society
… notes, “jabs at Joe Biden mask our growing ageism issue.” This paper will discuss the cultural factors regarding age, developmental theory models, relevant law, other diversity issues, resources available for special services, and my own personal characteristics towards complementing age and concerns for my cultural competency. The ……
References
References
Albom, M. (2019). Jabs at Joe Biden mask our growing ageism issue. Retrieved from https://www.chicagotribune.com/lifestyles/sns-201909161301--tms--tuemitchctntm-a20190916-20190916-story.html
David, K. E. (2018). The Poster Child of the “Second” Cultural Revolution: Huang Shuai and Shifts in Age Consciousness, 1973–1979. Modern China, 44(5), 497-524.
Heggeness, M. L., Carter-Johnson, F., Schaffer, W. T., & Rockey, S. J. (2016). Policy implications of aging in the NIH-funded workforce. Cell Stem Cell, 19(1), 15-18.
Landeiro, F., Barrows, P., Musson, E. N., Gray, A. M., & Leal, J. (2017). Reducing social isolation and loneliness in older people: a systematic review protocol. BMJ Open, 7(5), e013778.
Lassila, S. (2019). Managing Risks of an Aging Workforce. Construction Executive, 2020. Retrieved from https://constructionexec.com/article/managing-risks-of-an-aging-workforce
Liu, S. J., Lin, C. J., Chen, Y. M., & Huang, X. Y. (2007). The effects of reminiscence group therapy on self-esteem, depression, loneliness and life satisfaction of elderly people living alone. Mid-Taiwan Journal of Medicine, 12(3), 133-142.
Lumen. (2019). Theoretical perspectives on deviance. Retrieved from https://courses.lumenlearning.com/sociology/chapter/theoretical-perspectives-on-deviance/
McLeod, S. (2018). Erik Erikson's Stages of Psychosocial Development. Retrieved from https://www.simplypsychology.org/Erik-Erikson.html
Study Document
Physical And Mental Disabilities In The Workplace
… led to a change in the social consciousness and the manner in which equitability was to be achieved in society. The U.S. Equal employment Opportunity Commission (EEOC) (2018) points out, for example, that Title VII of the Civil Rights Act of 1964 “prohibits workplace discrimination based on religion, … make the necessary accommodations so as to prevent discrimination against the disabled.
In 1990, the Americans with Disabilities Act (ADA) was signed into law (Rothstein, 2014). The ADA expressly prohibits any form of discrimination against people with disabilities. In 2008, the Act was amended to provide an … discrimination against people with disabilities. In 2008, the Act was amended to provide an even more specific definition of disability with respect to employment, government and public accommodations.
Today, it is a normal and accepted—and expected—practice to see or find wheelchair access for people who cannot walk; … or administer insulin injections. Those……
References
References
Baruch, Y. (2000). Teleworking: benefits and pitfalls as perceived by professionals and managers. New technology, work and employment, 15(1), 34-49.
Bortz, D. (2018). Can Blind Hiring Improve Workplace Diversity? Retrieved from https://www.shrm.org/hr-today/news/hr-magazine/0418/pages/can-blind-hiring-improve-workplace-diversity.aspx
Center for Disability Rights. (2019). Ableism. Retrieved from http://cdrnys.org/blog/uncategorized/ableism/
Corrigan, P. W. (2016). Lessons learned from unintended consequences about erasing the stigma of mental illness. World Psychiatry, 15(1), 67-73.
Fabian, R. (2019). New Marvel Film \\\\\\\\\\\\'The Eternals\\\\\\\\\\\\' Will Feature First Deaf Superhero. Retrieved from https://finance.yahoo.com/news/marvel-film-eternals-feature-first-211402332.html
Faurer, J., Rogers-Brodersen, A., & Bailie, P. (2014). Managing the re-employment of military veterans through the Transition Assistance Program (TAP). Journal of Business & Economics Research (Online), 12(1), 55.
Guruge, S., Wang, A. Z. Y., Jayasuriya-Illesinghe, V., & Sidani, S. (2017). Knowing so much, yet knowing so little: a scoping review of interventions that address the stigma of mental illness in the Canadian context. Psychology, Health & Medicine, 22(5), 507-523.
Marquis, J.P., Lim, N., Kavanagh, J., Harrell, M.C. & Scott, L.M. (2007). Managing Diversity in Corporate America: An Exploratory Analysis. Pittsburgh, PA: Rand Corporation.
Study Document
Transgender The Behaviors Acts And Transitions
… from friends and family, and abuses of human and legislative rights and freedoms in different areas, including education, health care accessibility and treatment, employment opportunities, adequate housing, and legal systems. Significantly, these violations can give rise to diminished human capital, greater levels of employment, and high poverty levels, homelessness, and detrimental health and mental outcomes encompassing greater rates of depression and self-damaging as compared to cisgender people … friends and family, and abuses of human and legislative rights and freedoms in various societal aspects including education, health care accessibility and treatment, employment opportunities, adequate housing, and legal systems. Despite this, research has shown that transitioning has had a positive impact on transgender people regarding having ……
References
References
Bockting, W. O., Miner, M. H., Swinburne Romine, R. E., Hamilton, A., & Coleman, E. (2013). Stigma, mental health, and resilience in an online sample of the US transgender population. American journal of public health, 103(5), 943-951.
Bockting, W., Coleman, E., Deutsch, M. B., Guillamon, A., Meyer, I., Meyer III, W., ... & Ettner, R. (2016). Adult development and quality of life of transgender and gender-nonconforming people. Current opinion in endocrinology, diabetes, and obesity, 23(2), 188.
Catelan, R. F., Costa, A. B., & Lisboa, C. S. D. M. (2017). Psychological interventions for transgender persons: a scoping review. International Journal of Sexual Health, 29(4), 325-337.
Divan, V., Cortez, C., Smelyanskaya, M., & Keatley, J. (2016). Transgender social inclusion and equality: a pivotal path to development. Journal of the International AIDS Society, 19, 20803.
Drydakis, N. (2020). Trans People, Transitioning, Mental Health, Life, and Job Satisfaction. Handbook of Labor, Human Resources and Population Economics, 1-22.
Glynn, T. R., & van den Berg, J. J. (2017). A systematic review of interventions to reduce problematic substance use among transgender individuals: A call to action. Transgender Health, 2(1), 45-59.
Grossman, A. H., Haney, A. P., Edwards, P., Alessi, E. J., Ardon, M., & Howell, T. J. (2009). Lesbian, gay, bisexual, and transgender youth talk about experiencing and coping with school violence: A qualitative study. Journal of LGBT Youth, 6(1), 24-46.
Jellestad, L., Jäggi, T., Corbisiero, S., Schaefer, D. J., Jenewein, J., Schneeberger, A., ... & Garcia Nuñez, D. (2018). Quality of life in transitioned trans persons: a retrospective cross-sectional cohort study. BioMed research international, 2018.
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