Dillon v. Champion Jogbra Case Study

What are the legal issues in this case study Employment terms and conditions and wrongful termination are the most clear legal issues that are pointed out in this case study. The nature of employment offered by Jogbra is described as at-will employment. This ought to have been expressly communicated.Advertising We will write a custom case study sample on Dillon v. Champion Jogbra specifically for you for only $16.05 $11/page Learn More Taylor and Emir (2012), argues that such an employment status should be revealed during three critical junctures which are: when applying for the job, when giving the letter of offer and finally in the employee handbook. The company failed to do this and even their employee handbook did not clearly relay this information. When a person is being offered a job it is prudent that the management clearly states the nature of employment, from the case study it is evident that the management at Jogbra failed to avail this informa tion during the hiring process. At the time of the interview, the sales vice president gave the impression it was a long term position and was of the opinion that it would take close to six months to be comfortable with the position, only to reverse this stand and say that within the first ten days the company had taken a new position, her employment would not work out. Janice (2013) notes that by not allowing a worker to perform or continue to perform their duties the worker can be considered victimized by the principal. The attitude of the management can be seen as victimization as they had not given her the time they has estimated it would take for her to get acquainted with the tasks. Dillon was a salaried employee and there are certain procedures that the company had to follow before firing her. The employee handbook described instances when an employee could be fired (Bales, Hirsch and Secunda, 2013). She had not breached any of the company policies and thus the grounds for lo sing her job were not in accordance with company policies leading to a wrongful termination.Advertising Looking for case study on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Explain what the implied contract was in this case The nature of employment was not expressly communicated by management. Comments made during the interview seemed to imply that the position was long term. The promise for extensive training hinted that the company was ready to develop her skills for its benefit. Employee training and development is costly and companies do not make such investments for the sake of it, rather it is seen as a long term strategic move to create a competitive advantage. When a company takes such deliberate measures to the extent of recalling a predecessor to offer training, it is justified if employees read this as a sign of long term commitment to the company (Taylor and Emir, 2012). Even though the Jogbra offers no e mployment contract and reserves the right to terminate employment at any time this does not mean that it does not offer long term employment opportunities to job seekers. The fact that between 1996 and 1997 the company developed a corrective action procedure as an addition to its employment manual implies that it was working on improving the job security of its employees. The corrective action procedure described an elaborate discipline system that was to be applied in a fair and consistent manner. The human resource manager clearly said that the company could not just fire a person; statements such as these give the impression that employees enjoy a certain degree of job security. It was not wrong for Dillon to expect a certain level of job security after assurances by company management as well as guidelines contained in the employee manual. The company failed to express is employment terms in a clear and unambiguous manner.Advertising We will write a custom case study sample on Dillon v. Champion Jogbra specifically for you for only $16.05 $11/page Learn More Explain how the employer breached the implied contract From the case study it is evident that Jogbra does not have a definite position when it comes to the security of tenure of its employees. The position it takes is characterized by convenience and self interests. According to Janice (2013), there are general reasons for termination of employment despite the nature of employment. It can be based on the employee’s capabilities and qualifications with regard to the kind of work they are performing, if there are certain restrictions, employee redundancy or their conduct. Dillon’s termination of employment was not based on these general or those specified in the corrective action procedure leading to a breach of contract. At-will agreements provide no restrictions to contracting parties to modify or specify new terms of their agreement (Walsh, 2010). Dillonâ₠¬â„¢s terms of employment could have been easily modified once the management realized that things were not working out. The company’s decision to fire her in December was a breach of implied long term employment tenure. The employment manual cannot be relied on to provide guidance to either the employer or the employee on the status on their employment. Its ambiguity is prone to misinterpretation to suit the needs of the company at the expense of the employees. The management breached its agreement with Dillon when it failed to follow the guidelines as pertains termination of employment. Explain why the disclaimer in the employee manual does not have the effect desired by the employer The disclaimer contained in the employee manual states that policies and procedures stated therein are not part of an employment contract nor are they a sign of commitment to employees regarding how their terms of employment should be handled. To begin with, this disclaimer does not change the fact that at-will agreement are subject to change by either parties (Walsh, 2010). The disclaimer is thus inconsequential should a party to the agreement decide to request a review of terms and conditions.Advertising Looking for case study on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The disclaimer may not always serve the interests of the employers because many courts in the past have ruled that employee handbook only forms part of an at-will agreements, its contents however are not independent or necessary create contractual obligation or rights. The employee manual thus is a legal document but its contents do not force an employee to fulfill contractual obligations (Bales, Hirsch and Secunda, 2013). The laws of the land rule are more important than company regulations (Janice, 2013). If the disclaimer contravenes the laws of employment or infringes on the rights of employees then it fails to achieve its purpose. Disclaimers given in the employee manual does not affect national employee laws this is why Dillon was able to challenge her dismissal. It should be noted that the contents of employee manual do not prevent an aggrieved party form seeking the court’s intervention. References Bales, A., Hirsch, M., Secunda, M. (2013). Understanding Employment L aw. Ohio: LexisNexis. Janice, N. (2013). Employment law statues 2011-2012. California: Routledge. Taylor, S., Emir, A. (2012). Employment law: an introduction. Oxford: Oxford University Press. Walsh, D. J. (2010). Employment law for human resource practice: 2010 custom edition. Mason, OH: South- Western Cengage Learning. This case study on Dillon v. Champion Jogbra was written and submitted by user Dorothy A. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Free Essays on The Truth About Capitalism

In this essay, I will consider whether capitalism is really amoral on the grounds that it turns the economy into a high-stakes competitive game with winners and losers, where corporations are the players and in order to succeed must show no mercy to there opponents. ‘Amoral’ means lacking moral sensibility, not caring about right and wrong. Capitalism encourages competition amongst businesses turning them into opponents against one another. There are many examples of that all around in our society, for example McDonald’s vs. Burger King, and Pepsi vs. Coca Cola. The fierce competition that exists between these corporations force them to spend millions of dollars on advertisements to bad mouth their opponents. Not only are big corporations competing with one another but small businesses are in the mix as well. That is where a big problem in capitalism exists, large corporations make it very difficult for new small businesses to open and be successful and more often then not that, the new business is wiped out by that large corporation and the owners and all of those who worked at that business are now jobless. Two of the main goals for a corporation in capitalism are to make as much profit for your investors as possible and to be more successful than your opponents. To some corporations those goals must be reached no matter what the cost. What that means is that they are willing to anything they can do to be the best, whether it is right or wrong. A great example of that are all the American Corporations that own sweat shops in third world countries that have women and children working in horrible working environments for extremely low wages. It doesn’t take a brain surgeon to realize that what they are doing is amoral, but as long as they are saving money and continue to be successful they will not change a thing. On the other hand, it may be contended in criticism that, in nature the strong survive and it is no different... Free Essays on The Truth About Capitalism Free Essays on The Truth About Capitalism In this essay, I will consider whether capitalism is really amoral on the grounds that it turns the economy into a high-stakes competitive game with winners and losers, where corporations are the players and in order to succeed must show no mercy to there opponents. ‘Amoral’ means lacking moral sensibility, not caring about right and wrong. Capitalism encourages competition amongst businesses turning them into opponents against one another. There are many examples of that all around in our society, for example McDonald’s vs. Burger King, and Pepsi vs. Coca Cola. The fierce competition that exists between these corporations force them to spend millions of dollars on advertisements to bad mouth their opponents. Not only are big corporations competing with one another but small businesses are in the mix as well. That is where a big problem in capitalism exists, large corporations make it very difficult for new small businesses to open and be successful and more often then not that, the new business is wiped out by that large corporation and the owners and all of those who worked at that business are now jobless. Two of the main goals for a corporation in capitalism are to make as much profit for your investors as possible and to be more successful than your opponents. To some corporations those goals must be reached no matter what the cost. What that means is that they are willing to anything they can do to be the best, whether it is right or wrong. A great example of that are all the American Corporations that own sweat shops in third world countries that have women and children working in horrible working environments for extremely low wages. It doesn’t take a brain surgeon to realize that what they are doing is amoral, but as long as they are saving money and continue to be successful they will not change a thing. On the other hand, it may be contended in criticism that, in nature the strong survive and it is no different...

buy custom The Causes and Effects of Smoking essay

buy custom The Causes and Effects of Smoking essay Despite the fact that cigarette smoking is harmful to ones health, a fact that smokers know too well, most people experience difficulties in their attempt to quit smoking. Whereas one is free to choose whether to smoke or not, the decision to quit is not always straightforward. Quitting requires willpower and personal commitment in order to overcome this harmful habit. Although most smokers feel good during and after smoking, there are no documented health advantages. This essay shall explore the reasons why people smoke and the effects of smoking on the human body. There are various reasons why people choose to smoke. First, most smokers take cigarettes in order to avoid stressful thoughts. Cigarettes contain nicotine which acts as a stimulant thus alleviating ones emotional condition. Hence, it can deflect ones sad thoughts, fears and anxieties. Once nicotine is inhaled, it is rapidly absorbed in the lungs and directly into the bloodstream. On reaching the brain, it decomposes into various chemicals that have the effect of making the smoker feel light-headed, stress-free and contented with his or her current situation. On the other hand, those suffering from withdrawal symptoms exhibit excessive aggression, increased hostility, anger and anxiety. A recent report by the National Institute on Drug Abuse indicates that such people are likely to be sad or violent. When an individual quits smoking, it is imperative that he/she keeps away from stressful conditions that would otherwise generate an increased craving for cigarettes (Colby 1). Secondly, most smokers start smoking in order to fit in. A soon-to-be smokers environment may be heavily influenced by parents or friends who are regular smokers. For instance, it is a well-known fact that most people start smoking during their teenage years. Peer pressure is responsible for recruiting new smokers, who then become life-long cigarette consumers. In addition, teenager and the youth tend to idolize and emulate the actions of celebrities and other well-known societal figures. Hence, when celebrities appear in adverts or movies while smoking, the young generation picks up this habit believing that it is fashionable. Once one becomes a regular smoker, it becomes almost impossible to quit. Finally, some people may start smoking when experiencing a transition phase. Individuals have been known to start smoking when undergoing stressful situations or significant changes in their lives. For instance, a recently divorced man may turn to alcohol and cigarettes in order to avoid thinking about his predicament. Furthermore, stressed and overburdened employees may choose to take breaks at specific intervals during which they share cigarettes as they converse about their situation. Therefore, a non-smoker is soon initiated in the group as this symbolizes a common bond of friendship. In addition, some smoke in order to calm their nerves. Although nicotines soothing effects do not last long, a smoker derives a sense of confidence and calmness when facing situations that make one anxious or exited (Ditcher 1). Smoking exposes individuals to various risks. Cigarette smoking is not only detrimental to ones health, but also harmful to ones physique and teeth. Most effects are a result of the chemical compounds found in tobacco. First, tobacco contains tar, which is a collective term for various solid particles that are found in cigarette smoke. Studies have shown that when an individual smokes for a considerably long time, tar accumulates in the lung and may eventually lead to cancer. In addition, tar contains sticky compounds which lead to stained teeth, fingernails, nasal passages and trachea, and scarred lung tissue. Secondly, tobacco smoke contains carbon monoxide, an odorless, colorless fatal gas. This gas competes with oxygen for hemoglobin in the red blood cells. Hence, by bonding with these cells, less oxygen reaches vital body organns such as the heart, brains and muscles that require an adequate supply of oxygen. Thirdly, tobacco smoke contains hydrogen cyanide, a chemical that slow s down the respiratory systems regulatory scheme. Lungs and the bronchioles contain tiny hairs referred to as cilia that sweep back and forth in order to remove foreign objects in these air passages and spaces. Once these hairs are inhibited from carrying this all-important duty, air passages clog with foreign materials, resulting in respiratory difficulties and infections. In addition, tobacco smoke contains free radicals, metals and radioactive compounds which damage vital organs such as the heart and lead to the rupture of blood vessels. Metals such as cadmium and lead are carcinogenic and inhibit enzymes hence preventing enzymatic activity (Better Health Channel 1-4). Finally, cigarette smoke harms the reproductive system in males and females as well as the unborn baby. In men, cases of low sperm count, increased proportions of deformed sperms, unwarranted adjustments in the sex hormones such as testerone, reduced sperm mobility and cases of impotence have been reported. In fema les, smoking leads to higher exposure to risks such as miscarriage and premature birth, irregular menstrual cycles, early menopause, stroke in those over 35 years old, and increased incidences of cancer of the cervix. The unborn baby is faced by various risks such as low child birth weight which may lead to prolonged difficulties during subsequent growth and development, and high probability of occurrence of cleft clip and respiratory illnesses (Yap 1). In conclusion, smoking harms the consumer as well as those close to him or her. Although smoking is a personal decision, its side effects are felt by the user, ones immediate family and the community at large. Therefore, it is imperative to raise awareness amongst smokers and non-smokers. This will not only help smokers quit cigarettes but shall also deter non-smokers from joining their counterparts. Buy custom The Causes and Effects of Smoking essay

Enterprise Resource Planning Essay Example | Topics and Well Written Essays - 3750 words

Enterprise Resource Planning - Essay Example According to Lau (2005, p.127), there are several issues that need attention from a Chief Information Officer before implementation. A CIO basically needs to examine the objectives and need for implementing an ERP system. The management needs methods to tackle the continuous changes in requirements. The manager needs to identify the financial backup of the company as implementing an ERP system is highly expensive. The CIO has to take timely decisions based on the business factors and the changes required in structure and environment.(Willcocks, Leslie, & Sykes, 2000) Â  Future integration problems of different systems are always imminent and managers should be able to create plans to adapt to the scalability of an organization. The recent example for integration and changes in structures of the system is when the University of Kent chose IBM Cognos 8 for planning requirements, replacing the spreadsheets used earlier. It is the responsibility of the CIO to provide information systems that are responsive and efficient for students. (Navuluri 2008) The current mortgage crisis and the economic recession in US have certainly affected the ERP supported information systems. With further recession predicted, CIO’s would face more tough time as changes in ERP systems require high expenditure, a cost practically unaffordable in such a crisis.(Unit4aggresso, 2008) A progressive way to move forward would be to adapt right type of plans for an ERP system, to reengineer it and contour processes to avoid loss..

This is about my engineering class PowerPoint Presentation

This is about my engineering class - PowerPoint Presentation Example In such circumstances, people look forward to kitchen appliances that are more efficient and time saving. A vast majority of people aged between 20 and 35 frequently shift from one place to another in order to accord with their workplace. Therefore, modular home furniture suits them the most. However, they have conventionally had hard time furnishing their kitchens because of lack of modular kitchen appliances and furniture. Needs of the working class married couples can best be addressed by proposing a smart â€Å"mobile kitchen furniture assembly† model. This paper presents a noble concept in order to ease the mobility of the kitchen as a whole from one place to another. The conventional kitchen: Kitchen is a place meant for cooking food and storing raw ingredients as well as the cooked food. A gas or electric stove is a must feature of the contemporary kitchen in urban houses. Most of the modern day kitchens do have a microwave oven in them. The kitchen has a refrigerator t hat is a fundamental means of storing food and raw ingredients. A deep freezer accommodates frozen food and ice. A sink is necessarily employed as a place of dish washing, thus necessitating the facility of fresh clean tap water. In addition to that, kitchens have cupboards and wooden cabinets that are meant for placing utensils, and various culinary dishes. An exhaust fan is provided in the kitchen for regulating the air. Some families prefer to have their kitchen large enough to accommodate dining table as well. The Conventional Kitchen (Gowtham Enterprises). Guidelines for design of kitchen furniture: Before developing a model for â€Å"mobile kitchen furniture assembly†, it is customary to study the guidelines that are conventionally laid for designing the kitchen furniture. The kitchen furniture is fundamentally made up of wood, plastic, and steel (stainless or mild). Wood is protected with varnish or plastic lamination. For pans, shelves made in metal remain the best. I n order to increase the usable space, doors and windows can be made sliding. Cutting is facilitated by such utensils as cutting boards and knives, all placed in pull out drawers. Location of draining boards is considered most convenient in floor units. Dishwashers should be on either side of the sink. Preferred kitchen furniture design: A survey was conducted to establish a kitchen furniture design according to the choice of consumers. In order to achieve this, he carried out a survey in which he proposed three design models for the respondents to choose the best from. The three models along with the graded response are shown in the figure below: Kitchen furniture design models (Thakur 46). As evident from the picture above, maximum respondents chose model A as their preferred kitchen furniture design. The kitchen furniture design model should provide the consumers with the following facilities: 1. The counters’ height should be adjustable. 2. The furniture should be capaciou s enough to accommodate consumers’ culinary appliances. 3. Furniture should not be fixed, and should be stylish, and lightweight. 4. A compact kitchen furniture assembly was high in demand among the consumers. 5. The look should be modernistic and price should be affordable. 6. The system should be as user friendly as possible, and should avoid requirement of multitasking which may complicate the kitchen works. 7. There should be centralized interaction between the furniture appliances and the consumers. 8.

Discuss the value of Information Technology and Management Information Research Paper

Discuss the value of Information Technology and Management Information Technology to you and your chosen profession (mine is Acc - Research Paper Example Nonetheless, management information systems are tools, which a manager uses to collect information about different aspects of the company, including sales and personnel, among others, and analyze it (Moghaddam, et al 2012). On the other hand, Accounting is an important aspect in all companies. Unlike IT and MIS, Accounting has been in existence for the longest time. This mainly addresses the financial state of a company. It involves bookkeeping, which involves bank statements, company ledgers, and the overall tracking of finances in the company, including money in, money out, and business assets. Today, there is a high level of interaction between different disciplines. Similarly, the fields of accounting, IT, and MIS show a high level of interaction, as the field of accounting adopts the skills and knowledge of IT and MIS in its processes. Nonetheless, the nature of IT and MIS make them to be applicable in diverse disciplines (Moghaddam, et al 2012). This paper therefore, will focus on the value of information technology and management information systems in the field of accounting. The field of accounting today has become dependent on information technology and management information systems, as it adopts various elements in these, to enhance the efficiency of its processes. In information technology, there are a myriad of new integration approaches, as well as effective methods of managing data. Therefore, use of information technology translates into increased efficiency in data retrieval and storage, and overall management of data in accounting. Therefore, this aspect of information technology is valuable in accounting, since it makes the different procedures and processes in accounting to be simple, and leads to an increased and focused use of computed information in the field. Therefore, with regard to efficiency in accounting, information technology has played the major role in achieving this. Nonetheless, with the advancements in information technology , it is expected that the field of accounting will as well adopt the new techniques in information technology, and therefore, increase its efficiency (Moghaddam et al 2012). Information technology has also led to the transformation of the field of accounting into a paperless phenomenon. Today, there is no more use of papers and pencil. Information technology highly adopts different equipment, which have also been adopted in accounting. For instance, there is the use of computers, faxes, and scanners, among other IT equipment in information technology. Most of these IT equipment are affordable, thus available in the accounting section of most companies. Nonetheless, these have resulted in increased efficiency in accounting procedures (Bahador, Haider & Saman, 2012). As observed, information technology utilizes various software. These software can also be adopted in most accounting processes. For instance, accountants use the program referred to as â€Å"spreadsheet† today to h elp in reporting and calculations in the field. Apart from the spreadsheet program, there are many more software, which are accustomed to accounting, and help in accounting procedures. Nonetheless, these are affordable and easy to use. These different software makes the work of accountants easier. Therefore, accountants use these to pay different types of bills in the company, recording all the transactions they have made, and use them in financial reporting, as well. Additionally, the use of these IT programs ensures

Privacy of lectronic medical records Research Paper

Privacy of lectronic medical records - Research Paper Example The cost-free factor of these technologies is an attractive initiative for a number of firms with a high customer base to adopt EMR with minimal investment on time and human resources. EMR is also gaining popularity amongst the patients or recipients of health services, especially in areas that are far away from good hospitals. The patients can view their medical records, test results and history online at the comfort of home or at work (Kolbrum, 2008). However, with the rapid rise of readily available sources online for EMR, it is fair to question whether the EMR is well-protected or easily accessible to the public. With the internet flooded with spam and the ever-present danger of hackers breaking into confidential online records, are the patients safe online? Is convenience too close for comfort? The concerns mentioned in the paragraph above will be addressed throughout the course of this paper which seeks to justify whether all good things in life are (really) for free, find ways to ensure which EMR platforms are the safest to use, and gain insight into important privacy laws that offers protection to the patient’s personal health information. The need for EMR was realized in the 1960s, when it was felt that there has to be an automated system for the re-organization and management of patient records to enable improved provision of health services to them. Laurence Weed, a physician, was the first to propose and describe the idea of computerized medical records or EMR (Pinkerton, 2008). Progressing through the 1990s, as the computer became more handy and sophisticated, the EMR systems also became complex and in wide use by the companies and medical institutions (Pinkerton, 2008). Today, in 21st century, the commonality and stress on the use of EMR is so immense that the firms are now availing and adopting the systems for free, just like Email Accounts. Going back to argument where Google and Microsoft were stated as examples, it is understood that