LAW 531 Week 4 Assignment Legal Risk and Opportunity in Empl

 This archive file contains LAW 531 Week 4 Assignment Legal Risk and Opportunity in Employment


 By law, the handbook is the intended employment deal. (Jennings, 2006). Newcorp might be responsible of violation of agreement since management didn't abide by the handbook’s Corrective Action Plan (CAP) firing process. In Newcorp’s defense, Grey signed an employment at-will understanding, however in unclear cases; appellate courts usually make reference to the handbook as the intended agreement. In Dillon v. Champion Jogbra, Inc. 819 A.2d 703 (Vt. 2002), the handbook took precedence when the complainant was advised after 10 days on the new job that she was being laid off without cause. (Jennings, 2006). Newcorp’s defense is that Grey signed the employment at-will knowing after he obtained the handbook, which means his approval of new agreement conditions. (Jennings, 2006). One more defense is that the CAP process in the manual is applicable to those with poor job performance. Supposing that the manual doesn't have a policy on other reasons for firing, Newcorp may defend that Grey’s firing wasn't performance linked, and as per the at-will employment contract which Grey signed, Newcorp isn't obliged to offer any causes of firing apart from verify that the firing wasn't performance linked.




Law - Business Law
  1
 What is the current status of right-to-work laws?





 If a state passes a right-to-work law, then individual employees will have to pay union dues even if they do not belong to the union.


 Congress has passed a law prohibiting states from passing right-to-work laws.


 If a state passes a right-to-work law, then state and local government employees can unionize.


 If a state passes a right-to-work law, then individual employees cannot be forced to join a union.


 Correct




 2
 Which of the following statements is true about workers’ compensation?





 The employee must decide whether to seek a workers’ compensation payment or file an ordinary lawsuit against the employer.


 If the employee is dissatisfied with the amount received under the workers’ compensation system, the employee generally then can file an ordinary lawsuit.


 The employer can avoid liability if the injured employee was contributorily negligent in causing the injury.


 The employer is strictly liable for employment-related injuries, and the claim is filed through an administrative procedure rather than an ordinary lawsuit.


 Correct




 3
 Under what conditions must an employer allow nonemployee union solicitation on company property?





 If the employees live in a company town such that it would be difficult to solicit the employees off company property


 If there is currently no union representing the company’s employees


 If the union is affiliated with another union that currently represents other employees of the company


 If the purpose is to solicit employees to change union representation rather than to solicit nonunion workers to join a union


 Correct




 4
 Which of the following are protected classes under Title VII of the 1964 Civil Rights Act?





 Race, national origin, and sex


 Race, national origin, and alien status


 Race, religion, and sexual orientation


 Race, national origin, and political affiliation


 Correct




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