You have been hired as a Management Consultant by a large company to examine the business decisions of the company in regards to employee protections. The laws applicable are federal anti-discrimination laws, federal health and safety laws and employer firing practices related to the employment-at-will doctrine.
1. Analyze, identify and explain recent legislation, that helps to protect employees from discrimination in the workplace. Provide at least two federal legislative protections. Provide some insight when the federal legislation conflicts with the state. (Please note, the Title VII of the Civil Rights Act is not an acceptable example for this question)
• Examine the definition of workplace discrimination.
• Discuss 2 legislation, that protects employees from discrimination. See: https://www.eeoc.gov/laws/types/index.cfm
• Discuss relevant cases to explain Federal legislation protections.
• What is the procedure when federal legislature (laws) conflicts with the State (laws)
• Use statutes and/or case law to support your answer where applicable
2. Explain the Employment at Will Doctrine (EAW) and ALL the exceptions to the Doctrine.
• Explain the Employment at Will Doctrine.
• What are the common rules and policies, such as anti discrimination laws and other employment laws, that protect employees from termination?
• Explain at least 3 exceptions https://www.bls.gov/opub/mlr/2001/01/art1full.pdf
Discuss all the scenarios – determine whether the decision to fire the employee is a smart one. Identify why or why not and determine all the possible exceptions per the EAW Doctrine that is applicable, might be or could be applicable if the employee sues for wrongful termination.
• Use statutes and/or case law to support your answer where applicable.
Peter, a department supervisor, requests approval to fire Robert, his secretary. Robert is a devout Buddhist and was putting out Buddhist literature in the employee break room. Robert was also taking a lot of time to meditate in the workplace during some of the busiest times of day. Peter wants to fire Robert. If fired, can Robert sue for wrongful termination and prevail?
Lori, a manager, started a blog on the company website for the company softball league. She noticed a worker, Seth, was protesting that employees were not getting paid enough and that benefits were costly. Lori reprimanded Seth and the next day, Seth posted a sign-up sheet on the blog to start a union. Lori fired Seth a week later when he failed to show to work one day. Can Seth sue for wrongful termination and prevail?
Lori, head of Accounting, refused to sign Brian’s parental leave request. Brian is seeking 12 weeks of paid leave to care for his newborn son and wants to take this time during the most busy time – tax season. Can Brian sue for wrongful termination and prevail?
Jackson has worked for the company for 10 years. He is a researcher and has a rare form of liver disease. The chemicals he works with make his condition worse but, he does not want to stop working. Jackson&#39;s health is failing and, it effects his work. His boss, Jerry, is not happy with his performance and, when Jackson failed to show results from his research, fired him. Can Jackson sue for wrongful termination and prevail?
3. Determine the law in regard to undocumented workers and whether they are eligible for state workers’ compensation in the United States. Advocate for or against this practice and substantiate your response with research to support your position. How does the state law conflict with federal immigration law? Support your response.
• Explain the State worker’s compensation in the US. https://myfloridacfo.com/Division/wc/
• .Explain undocumented workers.
• Advocate for and against the practice.
• How does the state law conflict with federal immigration law? – provide at least 2 examples.
• Use statutes and/or case law to support your answer where applicable
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