Week 3 by 9/29
TOC
TOC \h \z \u \t "Heading 2,1" Topic 1 Due by Wed Oct 2: PAGEREF _Toc368407018 \h 2Topic 2A Due by Wed Oct 4: PAGEREF _Toc368407019 \h 3P Argument: PAGEREF _Toc368407020 \h 6Rule of Law: PAGEREF _Toc368407021 \h 6Conclusion: PAGEREF _Toc368407022 \h 6References PAGEREF _Toc368407023 \h 8
Each student has to post at least one main posting by WEDNESDAY 11:59 p.m., of each week and respond to all assigned discussion topics by FRIDAY, 11:59 p.m., leaving time for you to respond to postings of classmates between Saturday and Sunday’s close of the week. You must participate at a minimum of 3 days of the week. This minimal posting is necessary, but not sufficient, in order to earn a good evaluation.
Use standard English
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Termination of an employee while under binding arbitration agreement possibly constitutes a breach of contract by the employer, if it violates the rights of the individual employee.
Conclusion:
The Court should not hear Mr. Compton’s case because the arbitration agreement that he acknowledged was in effect at the time of his termination. The binding arbitration agreement that Mr. Compton signed is also binding to the defendant, Merlotte. The termination case should be taken to the third party arbitrator to settle out of court. This is the reason for the arbitration agreement to save expenses on litigation for parties, the employee and the company.
The law clearly states the Supreme Court has held that binding arbitration is equally applicable to both parties. The law also states that “An employee’s agreement to arbitrate is clear when the employee signs an application form or agreement requiring arbitration, receives something of value from the employer, and is given a copy of the relevant arbitration rules.” CITATION Bag10 \p 92 \l 1033 (Bagley & Savage, 2010, p. 92)There is of course the possibility of recourse for the terminated employee, Mr. Compton, in a lawsuit filed by the EEOC (Equal Employment Opportunity Commission0. The law states that “The EEOC may file a claim in court on its own behalf against an employer, even if the employee involved had entered into an enforceable
2. Working according to the agreed ways means following the organisation’s policy and procedures in relation to pressure areas. It also means following the individual care plans and respecting the instructions in place. For example making sure a resident is turned every two hours, applying Cavilon cream on areas; fill in turning charts, prompt fluid intake. Under the duty of care a care assistant must always be aware of and raise concerns regarding possible pressure areas. Always record information in care plans accurately and in confidentiality.
To what extent were Baptists persecuted in Colonial America? Describe the contributions of Baptists in the fight for religious freedom. In what ways has this legacy continued today?
D1 – Evaluate the impact of war, conflict and terrorism on one UK Public Service
b. The emperor Kangxi led the conquest of the island of Taiwan , home to Chinese and Japanese pirates, in 1681. Struggles with a new rival to the north and northwest, manchurians , led to constant conflict and extensive territorial gains for China.
The company has the right to terminate an employee as long as the termination does not discriminate or
In the case of Nino v. The Jewelry Exchange, there were allegations brought forth by Rajae Nino who felt he was discriminated against by his former employer, on the account of his gender and national origin. When he was employed with said employer, he was given a copy of the company’s employment contract by the human resources manager and instructed him to read it and sign it without affording him any opportunity to negotiate over its terms. With most discrimination cases, “the EEOC encourages the parties to discrimination charges to use mediation” (Walsh, p. 20), with this case the employer invoked an arbitration provision in Nino’s employment contract wherein the Court of Appeals decided the arbitration agreement was unconscionable and therefore unenforceable. On the flip side, if the unconscionable terms were removed from the contract, the remainder of the employment contract could be enforced.
How can man evolve to be the apex of living beings if the fact suggest the process of evolution goes the other way
RATIONALE: Each fracture site would be coded separately. The C1 fracture would be coded with 805.01, and the C2 fracture with 805.02. As reported in the Indication section, this was an MVC of an unspecified nature, and the patient was the driver. E819 is the code for MVC of unspecified nature with the 4th digit of 0 to show the patient was driving.
Chapter 1 of your textbook includes, on page 9, Table 1.1, “Managing Change: Some Lessons from the Four Stories.” Review the four “lessons” (bullet points) on the table, and think about what some of the key “learning points” you gleaned about change from these stories. Then, do one of two things:1. Post the top three learning points you gleaned from the stories, and include how the stories for change helped you learn these points, or2. Research one of the four companies and see how or if that company has since changed (yet more) since the time of the book’s publication. How did that recent change fit with or not fit in with the “lessons” that the textbook mentions the company “learned” from their original set of changes? Explain what you
In this case of Toronto Transit Commission v. A.T.U., the union grieved foreman, Mr. Vito Stina’s harassment as it provides an unhealthy work environment. Union sought his removal, however, employer did not accuse the foreman with any harassments. The arbitrator was noted that foreman has harassed griever with criticisms and public humiliation, that crossed the boundary. The harassments continued on a regular basis, which showed ignorance and disrespect. At the end of the day, foreman has ripped apart griever’s dignity. Griever had filed a hand to the employer explaining the harassments he has been experiencing, however, not much was done. When the arbitrator was informed about this issue, arbitrator had to conclude that the negative influence and the impact on the griever was too big to ignore. Therefore, it provided griever $25 000 for the hardships. Then, arbitrator stated new rules surrounding this problem in order to minimize the may arise: (1) the employer now has to ensure the griever had a harassment free workplace, (2) employer was to not work the the griever in the same area, and (3)
As for a union, they don’t exactly have remedies as it is stated that the employer can pursue arbitration over the union violation of the agreement and the court will issue a suit for damages pending arbitration (Cihon & Castagnera,
The defendant also has a valid argument that he can dispute. This business is an employment at will employer. This means that the employee can be let go at any time for any reason. Elaine knew that this was an employment at will. When she read the letter and accepted the job, she also accepted all the conditions that came along with it. The plaintiff knew that she could be fired any time. This is the defendant’s argument.
The holding was 5-4. Section 8 (a)(5) states that if an employer “refuses to bargain collectively with the representatives of his employees” then it is unfair labor practice. The “recognition” clause does not fall under the definition of mandatory bargaining. The company is required to bargain with the certified representative of the employees and the Act does not allow the employer to exclude the certified representative from the agreement. According to the case, the Court of Appeals reversed and remanded with this opinion.
A similar case where an employee claimed unlawful termination in comparable circumstances is Megivern v Glacier Hills Incorporated. In this case the employee, Megivern, alleged that her employer, Glacier Hills Inc. unlawfully terminated her due to her pregnancy. The judgement was ultimately given to Glacier Hills Inc and the termination was sustained. Glacier Hills was able to show the reasoning surrounding Megivern’s termination by providing her performance records. Megivern was a less than desirable employee and the timing of her termination was not due to pregnancy (Megivern v. Glacier Hills
Furthermore, Arbitration Agreements cannot preclude the employee from filing a claim with the National Labor Relations Board, the Department of Labor, the Equal Employment Opportunity Commission, Workers’ Compensation or Unemployment Benefits. Finally, arbitration agreements do not void the employee right to seek legal counsel or request compensation for emotional distress and or punitive