1. If you were representing the Company in this case, what argument (facts and reasons) could you make that the confidentiality agreement had a legitimate business purpose and was applied appropriately to Martinez? If I personally had to represent this company (ReadyPro) in this case against Martinez by making a confidentiality agreement between two parties would be defined by agreement between the written contracts made before Martinez employment had transpired. Anytime there is a breach of contract, Martinez employment should be disposed of by lack of confidentiality on this persons fault. This agreement was a legitimate business purpose and was applied through Martinez in a business transaction that should allow ReadyPro to be able to …show more content…
Martinez has the right to disclose all contractual agreement in her contract to the LMRA, even know it was an agreement between Martinez and ReadyPro that other parties could not get involved but only if a unfair labor law was presented to ReadyPro which in this case Martinez file a unfair labor law. So even know Martinez’s had restrictions with the agreement with ReadyPro, under the section 7, Martinez is allowed to disclose these contracts for unfair and unlawful practice by ReadyPro. The agreement between ReadyPro and Martinez is broadly worded because there was not enough evidence that all reimbursements was settled and was able for Martinez to state the exact amount of reimbursements in this case. All agreements with the reimbursements should be settled in a less broadly manner and restrictions so that Martinez and ReadyPro would not have to settle in court. 3. If you were a member of the NLRB, how would you rule in this case and why? If I was a member of NLRB I would have ruled this case in favor of ReadyPro because Martinez should have made ReadyPro give an exact amount of reimbursements and the exact date of the months that Martinez should be reimbursed back. ReadyPro should
Question #3: What is the legal basis for the EEOC to hold that JBS-SWIFT had violated the employee’ civil rights?
The Older Workers Benefit Protection Act (OWBPA) enforces specific requirements for statements covering ADEA claims. OWBPA, § 201, 104 Stat. 983, 29 U. S. C. §§ 626(f)(1) (B), (F), (G). In obtaining the release, Entergy did not align with the OWBPA in at least three respects: (1) Entergy did not give Oubre enough time to think about her options. (2) Entergy did not give Oubre seven days after she signed the release to change her mind. And (3) the release made no precise reference to claims under the ADEA
A Parexel International employee was discharged from her duty after she raised complaints that other employees pay was much more the those doing the same job that she delivers. The dismissed employee filed an unfair labor practice charge with a regional NLRB office alleging that her discharge was a mere retaliation for exercising her rights within Section 7 (Obermayer Rebmann Maxwell Hippel LLP, 2011). However, her concerted activities were not protected since there was no proof that her complaints had mutual aid or benefits with her workers. Thus, while Parexel engaged in illegality, the employee did not act for the benefit of other fellow
Employers often argue that a covenant not to compete can be ancillary to an agreement not to disclose confidential information. The court in the Light decision cited such an agreement, given in exchange for the employer actually providing the information, as an example of an "otherwise enforceable agreement." However, since then, several cases have raised concerns about how the courts will construe these types of agreements in the future.
Unionization would have protected against unfair and unethical labor practices. The Labor-Management Reporting and Disclosure Act of 1959 (LMRDA) covers employees. The resolution that I must accept the working conditions was derived from fear of
After reviewing CSEC630 Module 1, provide a realistic scenario on possibly what went wrong at D&A labs and discuss countermeasures that you are aware of, that can help prevent the situation from recurring. When addressing this question consider the following:
Ken Kelly is a high school social sciences teacher who is saddened by the lack of voluntary activity in his classroom. He hears of a teacher in the elementary school which has great success in classroom discussion and finds himself observing the teacher at work with her class. The students sit in a circle openly discussing their thoughts and ideas with each other. The teacher, Sybil Avilla, never specifically calls one student out to speak nor does she reprimand those who are clearly daydreaming. After the class, Kelly speaks with Avilla in her office about what he observed. He is concerned that her teaching style would not work for his classroom because of the level he is teaching. This open discussion and not teaching information style of
If Abby notifies Tom of a probable future change in the cost determination before Josh has confirmed his order, Abby would not be in compliance with confidentiality. However, if Abby does not inform Tom of a change in his costs after Josh has confirmed his order, she will be using the information for an unethical advantage. The correct timing of Abby notifying Tom of a change in cost will ensure her compliance with the IMA standard of confidentiality. To follow the IMA standards, Abby must complete a new cost determination after Josh has confirmed his order. If George will not sign off on the new cost determination, then Abby should inform higher authority in the company and the ethical standards department of George’s unethical actions. If she fails to do so, she should be held accountable for failure to hold up the same IMA standards and principles that George has also failed to
Company X is an organization with more than 75 employees and is currently dealing with some complexities. The Director of the Human Resource Department was tasked with evaluating three particular situations and must determine whether a violation has occurred and which statutes apply to each matter. The Director of H.R. is responsible for recruitment and vocational procedures and must ensure that they are in compliance with federal law that is relevant to employee care. The first case is Situation A, which involves an employee whose wife had twins prematurely and subsequently, the employee requested leave, which was approved. The employee asked to be allowed to return to work after 11 weeks and for his withheld salary to be paid. The new manager approved his return to work to his previous position and pay but denied his second request. Situation B is the succeeding case, that involves a 68-year-old employee who has been with the company for over forty years and during his last annual review was said to be above average in his work. He was passed over for a promotion as a result of his advanced age. The promotion was given to someone younger who score lower during the annual review.
The past decade it has not been a time of prosperity for organized labor, especially in the United States. The resistance of American employers to unionization has clearly increased over the past quarter of a century, spawning a multimillion dollar industry. The NLRA provides employees with the right to engage in protected concerted activity which includes the right to discuss wages, hours and terms and conditions of employment. Because of strong association with unions, non-union employers human resource directors rarely think of the act when making decisions on whom to hire, fire, promote, demote and discipline. NLRB rarely involved itself in disputes that did not include union organizing, collective bargaining or any other union-management
Mary had signed a restrictive employment contract under which she was not suppose discuss with anyone regarding the company’s matter but she had violated it by talking to her close friend. Under the grant contract that company had to only produce in Arctic view for a minimum of three years
Just as the court’s found, I believe that the Committee's determination that the defendants were not eligible for benefits under the Plans was reasonable, and that they were independent contractors for subsidiaries of Time Warner, not entitled to benefits under Time Warner’s plans. They were not subject to the degree of control and direction exercised by the firm over the workers to determine otherwise. As the Judge points out, they were not misled here, and none of them could reasonably have expected to be eligible for benefits. They signed agreements acknowledging that they were not "employees" for any purpose. Under ERISA, employers have broad discretion to exclude categories of workers from receiving benefits, subject only to ERISA's prohibition
Discussion questions two each week: Should be responded to during the week class is in session Starting TUESDAY. (DO NOT wait till Monday the last day of any academic week to answer all the questions) P.S... Read ALL of the posts with IMPORTANT in the subject line first and follow the directions. Please put your name after the DQ in the subject line. When you respond directly to the DQ, 100 word count minimum on ALL posts.
The leaking of restrictive company data can be categorized into the standardizing ethics class. In the regularizing class of ethics, there is the obligation guideline and hypothesis. One should stay certified and regard the set down principles and directions that represent associations (Patton et al, 2015). Nunez was not ethical when he leaked the companies restrictive date out to the general public as many companies could utilize the information to gain a competitive edge.
* Daniel was clearly not satisfied with Susan's explanation. What could Susan have done differently to convince Daniel to wait?