Employment Contract
The contract terms can be created by oral assurance, through implication and other conduct even in the evident lack of absence of any written document and this is provided for by the law. Jill enjoys this protection of the employment and labor law under the worker's compensation articles in this case study hence she cannot be dismissed at will without compensation in lieu of her time, disturbance and movement from her previous location. The employment relations Act of 1999 and 2003 also protects Jill against unfair dismissal ta work since it would be unfair to move her from her previous job, give her long-term stay promises they only to fire her when the company fails to perform yet she is new within the firm.

Go Fast has the moral and ethical responsibility to compensate Jill on the disturbances that she goes through, selling off her house, relocating the husband and…...

Employment-at-will doctrine is a law that requires both the employer and the employee to either enter into a contract of employment willfully or terminate such a contract willfully. Under this law, an employer may employ an employee if the employer is willing to employ specific employees willing to accept the job under the given terms and conditions. Moreover, this doctrine allows the employer to terminate the employment contract of an employee for any reason even if it is not justified and without prior notice. Similarly, the doctrine allows the employee to terminate their contract of employment with an employer without prior notice (Mixon, 2014).
Some exceptions apply to the Employment-at-will doctrine. These exceptions include all situations in which the employment at will doctrine may not apply. The first exception to the employment-at-will doctrine is in cases where employees and employers have collective bargaining agreements. Employees who are members of the worker's…...

equest must be made in writing by the employee within 15 working days of termination. The employer has 10 working days from receipt of the request to give a truthful reason in writing for the termination." (P 1).
Despite that many employers have been very careful in terminating the contract employment agreement based on justifiable cause; there are still series of cases where employees challenge the termination of their employment contracts. Mandelsohn, (1990) argues that employees may establish in the court of law that they have the right to continue working based on the employment contract. Typically, employees could establish that there is no provision in the employment contract that employers have the right to terminate their employment contracts. If a plaintiff is able to establish that he has the right to continued employment, an employer must convincingly present its case that he has a good cause to terminate the…...

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References

Bayburan, a.(2012). Employee Reinstatement Mechanism and Termination of an Employment Contract. ADMD Law Office.

Collins, E.C.(2011). The Employment Law Review. Law Business Research.

Minnesota (2012). Labor Standards -- Frequently asked questions about termination. Department of Labor and Industry, Labor Standards.

Mandelsohn, S.R. (1990). Wrongful Termination Litigation in the United States and its Effect on the Employment Relationship. Labor Market Working Policy Occasional Paper No 3.

Broken Employment Contract
Did Wayne have an employment contract, either oral or written, with EcoCare? Why or why not?

Wayne had an oral employment contract with EcoCare. An oral contract existed for one reason that Bell told Wayne during the pre-employment period that he was assured of staying on the job provided his performance was satisfactory. Oral contracts are "made by the verbal mutual consent by two or more parties to the performance of clearly stated promises

." It is clear from the findings of Human esource Department's Investigation that Bell and Wayne had mutual consent which led Bell to make a job offer to Wayne which he accepted. This oral contract was therefore enforceable and remained valid as long as Wayne kept to the promise of performance. It should also be noted that verbal promises made to employees by employers, if reasonable, can make enforceable contract (Findlaw, n.d.). However, Wayne cannot claim…...

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References

Armstrong, M. (1999). Handbook of Human Resource Management Practice. Kogan Page.

Carey & Associates, P.C. (2005). Oral contract, accessed on April 2, 2011 from  http://www.capclaw.com/home/glossary/236 

Findlaw, (n.d.). Employment contracts and compensation agreements, accessed on April

2, 2011 from  http://employment.findlaw.com/employment/employment-employee-hiring/employment-employee-hiring-contract.html

Is Cooks bound to the non-compete agreement that she signed with RRG? Is this non-compete agreement a contract?  Non-compete agreements are covenants made in the course of employment or contracts of sale of businesses. The signee in the contract agrees not to compete with the current employer. The key goal of these agreements is to limit the rights of employees who sign the agreement. The employees are restricted from doing any business that competes with the current employer within a specific geographic location and for a particular period.
The signing of the non-compete agreement means accepting the terms. The terms include; not competing with the employer or engaging in any business that is similar to that of the current employer, whether as an employee, independent contractor, owner, part owner, investor, and any other kind of competition stated in the agreement (Clarkson & Miller, 2020). In this case, the non-compete agreement is valid…...

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References

Clarkson, K. W., & Miller, R. L. (2020). Business Law: Text and cases. Cengage Learning.

Ella, V. J. (2018). Executive Employment Law: A Handbook for Minnesota Executives. Hillcrest Publishing Group.

Emanuel, S., & Rigos, J. J. (2007). Multistate Performance Test Review 2008-2009: Course 5329. Aspen Publishers Online.

Epstein, M. A. (2006). Epstein on intellectual property. Aspen Publishers Online.

Ford, K. E., Notestine, K. E., & Richard, N. HILL. 2000. Fundamentals of Employment Law.

Scott, R. W. (2008). Promoting legal and ethical awareness: a primer for health professionals and patients. Elsevier Health Sciences.

Whitten, S. (2016). Jimmy John\\'s drops non-compete clauses following settlement. CNBC.

Sean Brosnan was a high school senior. He filled out his applications for college in September of 2015, including an application for early decision to Queens University. In December Brosnan received a thick packet from Queens, which included a glossy brochure entitled, "Welcome to Queens." The first page of the brochure said, "Welcome to Queens!! We are delighted to have you as a member of the university community! We will be holding a place for you in the class of 2020 if you submit a $200 deposit by January 20. We would remind you that by your application for early decision, you indicated your commitment that if you were accepted to Queens, you would withdraw any applications that you have filed to other colleges and universities." The brochure included an "Acceptance Coupon" providing that the signer was making a "definite commitment to attend Queens University during the coming academic year,…...

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References

Baranoff, Brockett, and Kahane, "Workers' Compensation Laws and Benefits," Chapter 16,

pages 659 to 707 in Enterprise and Individual Risk Management (v. 1.0).

 http://2012books.lardbucket.org/pdfs/enterprise-and-individual-risk-management.pdf 

Employment Contracts: Encyclopedia of Business Ethics and Society

Domestic Terrorism Incident
With the sale of the mortgage business in the plan within the ABC Inc., there are a good number of people who will be affected and lose their jobs. Smith is one of the employees noted to have a history of violent behavior tough none of this has been noted in the historical background during employment. Once these details of utter secrecy are handed over to the Emergency Response Crisis Team, the team needs to immediately call Mr. Smith for further probing and see if they can get more details from him on the accusations. There is need for the Human Resources department to further find out the family ties that Smith has and the network of friends he maintains outside the work place. These are details that can help pint to possible links with groups with covert ill intentions or just a normal loner by character.

Once the…...

Paula states that the rationale for the refusal is also violation of Title IIV and EEOC (Equal Opportunity Commission Policy) as it is based merely on the fact that she is a woman and has the potential to become pregnant. Sam's use of his power is also a continuation of his harassment, and now seems explicitly 'quid pro quo.' Not accepting his advances resulted in a negative impact upon Paula's job.
Paula is correct and Sam is incorrect, legally speaking. While fetal protection policies that barred women of childbearing age from jobs because of harm to their potential fetuses became widespread in 1970s and 1980s, the 1991 U.S. Supreme Court ruling in UAW v. Johnson Controls declared these laws to be a form of sexual discrimination that violates Title VII of the Civil ights Act of 1964 (Fetal rights, 2009, Law Library).

Scenario 3:

NewCorp has a strong case that the nature…...

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References

Consumer Law: What is a contract? (2009). Paralegal Advice. Retrieved January 10, 2009 at  http://www.paralegaladvice.org.za/docs/chap11/02.html 

Employment at will. (2009). Nolo. Retrieved January 10, 2009 at  http://www.nolo.com/legal-encyclopedia/article-30022.html 

Fetal rights. (2009). Law Library. Retrieved January 10, 2009 at  http://law.jrank.org/pages/6853/Fetal-Rights-Fetal-Protection-Policies.html 

Worker rights. (2009). Retrieved January 10, 2009 at OSHA.  http://www.osha.gov/as/opa/worker/rights.html

If they employees agree to it as a condition of employment, rug tests can be conducted without probable cause, although in terms of 'due process,' usually an employee cannot be terminated without a justifiable cause, such as because of his or her privately political views or race. But still, some employment contracts have 'morals clauses,' for instance, if a hired actor's behavior inhibits his or her ability to do his or her job, like to be a corporate spokesperson for a children's toy company.
Employees cannot be subjected to unwarranted workplace surveillance like voyeurism, however. "In a couple of related workplace privacy lawsuits won by employees, employers claimed 'drugs' as the reason they secretly videotaped employees in company locker rooms. but, instead of revealing illegal drug use or sales, the hidden cameras embarrassingly exposed employees changing their clothes. In so many words, the courts found this to be a blatantly…...

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Works Cited

Employee Workplace Privacy Rights." (2008). Employee Issues. Com Retrieved 12 Jan 2008 at  http://employeeissues.com/workplace_privacy.htm 

Right to privacy: An overview." (2008). Legal Information Institute.

Cornell University: School of Law. Retrieved 12 Jan 2008 at  http://www.law.cornell.edu/wex/index.php/Privacy

All other issues are derived from this rule. Many of the modern contracts have express conditions, which are explicit contractual provisions that the parties need to abide by. The related elements that this incurs are detailed in the subchapter referring to express conditions. An interesting element of contract performances is those particular contracts that are divisible. In those cases, the parties' performance can be apportioned into pairs of matching or corresponding parts.
The part of this chapter discussing breaches of contracts starts with a classification of breaches into material and minor breaches, with each of the two being discussed in detail. Anticipatory breach is referred to and is defined and categorized in another part of the chapter.

Chapter 6 discusses general remedies for contracts and starts with basic measures that can be undertaken. The damage measures are described as being determined either based on the expectation of damages, or as restitutionary…...

Employment at Will Policy: Exceptions to the ule
The notion of 'at will' employment reflects the fact that by law employees can be fired from any job for any cause, good or bad, depending on the whim of the employer, barring a written employment contract (Muhl 2001:3). There are specific exceptions to this policy which vary from state to state. But in the case of John, the employee who posted a rant on his Facebook page, there are a number of NJ state precedents of allowing employers to fire employees for posts made on social media. A garbage collector in Maplewood, N.J. was fired for complaining on his public Facebook page about having to clean up "after a two-day concert, blaming the mess on liberals who rant about green living and then pollute the parks, and launched a tirade against Obama, gays and liberal politics" (McDonnell 2014).

Also, in the case of…...

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References

Can potential employers ask for my Facebook password? (2015). Nolo. Retrieved from:

 http://www.nolo.com/legal-encyclopedia/can-potential-employers-ask-facebook-password.html 

McDonnell, S. (2014). Like it or not, employees can say what they want on social media.

Philadelphia Technology Review. Retrieved from:

The author of this report will offer a summary of two important laws and regulations when it comes to employment in the United Kingdom. Those two pieces of law will be the Employment Rights Act of 1996, commonly known as ERA 1996, and the Equality Act of 2010, commonly known as the EA 2010. For both laws, the particulars, specifics and common requirements for all parties involved, both employee and employer, will be covered. While the two laws covered in this report were pass nearly a generation apart, both of them hold a very important place in the employment law paradigm in the United Kingdom. Employment Rights Act of 1996

Scope & Summary

There are several important requirements and regulations when it comes to the Employment Rights Act of 1996. When an employee starts work with an employer, they are obligated to get a summary of terms and requirements. As stated by the…...

Tis allows tem to ave an advantage if litigation becomes inevitable.
5. Non-Competition Clause a/k/a Covenant Not to Compete Clause - Most companies will attempt to protect teir intellectual capital from competitors by aving employees sign a non-competition agreement or, alternatively, by including a non-competition clause as part of an employment contract. Suc agreements restrict an employee from joining forces wit a competitor or setting up is or er own competing business for some period of time witin a particular territory (geograpical or oterwise). Tese agreements ave become so common in te tecnology sector tat most people use tem witout muc attention to teir content. Tis is wrong, and a lot of companies come to pay dearly for suc a careless approac. It is important t o note tat not only do companies dealing wit intellectual property use suc an agreement. Tis clause is utilized any time a company wants…...

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http://www.heydary.com/lawyers/ontario/toronto/non-competition-agreements-p.htmlhttp://www.yourdictionary.com/choice-of-law-clause 

 http://www.allbusiness.com/legal/contracts-agreements/536-1.html 

 http://www.library.yale.edu/~llicense/forcegen.shtml

Gizmo Inc.
Will either of their grievances be heard in court? Why?

Becky's case has a very realistic possibility of being heard in court. This is from releasing her at a time when she was experiencing complication during her pregnancy. In this situation, she can claim that the company did not abide by the different provisions of the law through terminating her employment (after she asked and was initially granted maternity leave). This surpasses the arbitration clause in her employment contract by directly violating the Family Leave and Medical Act. (Cihon, 2013)

Under the law, she can take up to 12 weeks off without having fear of retribution, demotion or suspension. However, in order to be eligible, she must request leave with 30 days prior notification to her employers. Evidence of this can be seen with guidance provided to employers from the Department of Labor which states, "Employees must comply with their employer's…...

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References

Cihon, P. (2013). Employment and Labor Law. Mason, OH: Southwestern.

The Family Medical Leave Act. (2014). DOL. Retrieved from:  http://www.dol.gov/whd/regs/compliance/whdfs28.pdf

Legislation
Disputes

Advice on Handling Dismissals

The Minimum Wage

Working Time egulations

WOKES AND EMPLOYMENT

DISCIMINATION

Gender and Sexual Orientation Discrimination

Sexual Orientation

Gender eassignment

Discrimination on Grounds of ace or eligion or Age

Treatment of employees has come under scrutiny in the last few decades. Legislation has been passed to help facilitate effective regulation of a business/work environment. The areas covered by legislation are: employment contracts, work-related regulations (ie. Breaks and work conditions), minimum wage rates, unlawful/unfair dismissal, and discrimination/harassment on the grounds of gender, sexual preference, race, religious beliefs, disability, and in recent years, age. Legislation of this nature need to be a major concern for employers to not only follow, but implement. Dismissal of legislation could lead to large penalties, associated with compensation and legal fees.

Infringement of employees rights may also lead to a company/organization's poor public image. As most businesses know, maintaining a positive public image leads to customer loyalty as well as higher profits and funding…...

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References

Ashworth, A. 1995. Principles of criminal law. Oxford [England]: Clarendon Press, p. 87.

Computer World. 1996. IT security managers too focused on compliance, experts say. [online] Available at:   [Accessed: 12 Jun 2013].http://www.computerworld.com/s/article/9237254/IT_security_managers_too_focused_on_compliance_experts_say 

Fay, J. 2007. Encyclopedia of Security Management. Burlington, MA: Butterworth-Heinemann, p. 249.

Fletcher, G. 1998. Basic Concepts of Criminal Law. New York, N.Y.: Oxford University Press, p. 45.