Explain the Employment-at-Will Doctrine and identify and explain ALL the exceptions. If your employer does not like your hairdo, can he fire you? Pursuant to the doctrine, explain your answer per the law.
Identify and provide the exceptions to the EAW in your home state and include your source for information.
As a small-business owner, you are faced with rising costs, particularly employment costs, insurance, etc. You decide to hire some friends and pay them as they work rather than go through the expense and procedure of bringing in “actual” employees. Your friends wear the business uniform, deal with vendors and customers, and tell friends and family that they work for the business. One friend orders way too much from a vendor.
Explain Agency Law terminology and the three ways an Agency relationship is created per the text reading. What are the implications of Agency Law that apply in the above scenario?
Since the person who ordered was not an employee, is the business liable to pay for the improper order? Why or why not?
When is a business liable for an employee’s actions and, how is “scope of employment” relevant? Please use legal language to demonstrate your understanding of Agency Law and liability.
Brad is an air traffic controller who has had significant problems with high blood pressure. He has changed his diet and takes medication, but the problem persists. His wife thinks he should find other employment because his job is very stressful and contributes to his high blood pressure. She believes that if he continues at the job, he could have a heart attack. Brad is an avid runner and healthy otherwise. Brad has no training for any other job. Based on this scenario, you are Brad’s boss.
Determine what the company’s options are and whether Brad qualifies for workers’ compensation due to his health issues. Be sure to explain when you are eligible for workers’ compensation and what the law is. Analyze the key legal and ethical issues faced by the employer throughout the process.
What is the “Direct Threat Defense” and, could you argue the government is immune from liability if Brad sues? Why or why not?
Considering the effect of worker’s safety rights on global and developing economies, take a position on whether or not the U.S. government should “regulate” the global workforce? Do U.S. companies have a legal duty to their foreign employees working outside the jurisdiction of the United States? Why or why not? Justify your response.
Flora Tucker, a Hispanic female, applied for a sales position in Ames Department Stores in Seattle. After completing her application, she was asked to take a math test and a general aptitude test. As a result of her score, she was disqualified from consideration for the sales position. Based on this scenario, argue whether or not you believe that this testing policy is a violation of Title VII. Explain when an employer can use an Aptitude and/or other tests and how tests are validated.
What legislation, besides Title VII of the Civil Rights Act, in the Chapter reading regarding anti-discrimination protection is the most important and the most influential of the 21st Century and why?
What are the two forms of sexual harassment discrimination and provide an example of each. If your boss liked to hug employees in the morning for a job well done, is that sexual harassment? Why or why not?
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