part one—Directions; Looking back at the discussion boards from the first 5 weeks of class, identify your three biggest takeaways. For each you should identify the concept, the location of the post, and an explanation of why this is important to you. answer our last discussion prompt which is based on reviewing some of our previous discussions, and give at least 2 quality responses to your classmate’s posts. 150 words or less
Response 1
I liked the topic about the constitutional matters about the legalization in Colorado. To me, that really was a good chapter because I really didnt know much about the subject matter when I started that particular study. I learned a lot and the part that stuck out also was that Florida couldnt really do much about their issue due to the commerce clause. They were whining and crying that Colorado would steal their tourism because they passed marijuana so that everybody that didnt grow out of smoking pot when they were twelve years old could now go spend more money on this garbage than they use to with their drug dealer on the side of the street corner that was lacing it to make the high better so that you would keep coming back to him. I honestely never even knew about the commerce clause. I really liked how amazing it is for ensuring that certain states could do things without hinderance of other states. Also, the fact about discrimination of people coming and going from across state lines was intriguing to me. The supremacy clause and preempt was really interesting because so long as things didnt interfere with federal law, the states could pretty much do whatever they wanted.
Response 2
he concept of “The Constitution“ that is displayed discussion board four, is one of my biggest takeaways from this course. Being able to analyze and apply the Constitution to real life issues that could arise was new experience for me. My Bachelor’s degree is in Biology, so the classes I have been taking at Northwood have been very new and challenging. This particular discussion board took me completely out of my comfort zone and provoked me to think in a different way. I learned more about laws and how and where they can be applied. This assignment also, helped me to work on developing persuasive arguments.
In week five, we discussed the difference between regulation and law. This is was an important takeaway for because it afforded me the opportunity to develop a sound comparison and distinction between the two. Their processes are different, as well as where they are mandated from. Laws are also rules that govern everyone equally, while regulations only effect those who deal directly with the agency who is enforcing them.
Week Three, “The Legal Process”, was the most challenging for me, so of course how could I forget it! Briefing a case is not for the weak. Through completing this assignment I gain knowledge about cases and as well as other concepts like “standing” and using the IRAC method.
Directions; part two— 150 words or less…. read Chapters 23 and 24 in the textbook on employment and labor law,
1) Define and briefly explain the logic behind the concept of employment-at-will.
2) How do the laws surrounding organized labor support, modify, or conflict with this concept?
3) Is it possible that one approach to staffing would be preferable over the other, or is it dependent on specific circumstances faced by the organization? Explain. RESPOND TO 3 CLASSMATES AND BE SURE TO ASK A FOLLOW UP QUESTION THAT SPECIFICALLY RELATES TO THE DISCUSSION TOPIC AND THEIR POST.
Response 1
For the staffing model what would be the benefit of a union shop? I may be a little bias in that I work in a non-union shop that pays very well and the team members are protected from discrimination by our HR departments use of the Title VII laws. Why would someone pay a third party to mediate an issue? I could see if the job was a special skill like pipefitters who usually are already in a union but otherwise I see no benefit to the team member.
Response 2
You are absolutely correct in your definition of employment-at-will. Concerning the list of “bad reasons” an employer can not fire an employee over; do you think this list is too short, or too long? In other words, do you think there should be more things that are illegal for companies to fire people over? Or do you think there are too many things on the “bad reasons” list and It could use seme taken off?
I agree that no two companies are exactly alike, and different places have different needs. What works for some, does not work for all. Do you think there are companies that should strictly only used unions, or only employment-at-will employees? Why do you think this is, or is not the case?
Response 3
An employee at will is a law that most employers use to allow them to be able to fire an employee for little to no reason. This is also true for the employee because they are free to leave the employer at any time and due to any reason. Organized labor conflicts with the concept of employee at well because a union acts as a mediator between the employer and the employee. Working in a union allows employees to negotiate for better benefits and working conditions. I feel that this may contradict the rules of employment at will laws because it could cause people to think that they are being let go for attempting to change something about the organization. Also, the union is separate from the employer so the employee could not be controlled by the employer. I think that employment out well would be favorable to labor unions because there isn’t a mediator. An employee can speak directly with their employer as well as the employer to the employee which makes things more simple for everyone. It is much more common and gives employees the chance to seek different employment on their own terms rather than having to negotiate for better opportunities.
MY ANSWER FOR PART ONE
The first thing that stood out is the distinction between natural law and law positivism, discussed in week one. It is crucial to differentiate between how Natural rights in practice varies widely throughout civilizations. Thus many individuals will certainly find it unfair to some positive legislation in any nation. This issue is particularly crucial for regulations such as prohibited drugs or religious freedom, on which there is no worldwide consensus.
The comparison of Aristotle’s virtue ethics and Josephson’s fundamental principles, covered in week two, is the second key takeaway from the discussions. It stood out because it is widely thought that positive and natural law coincides in a society controlled by law rather than tyranny, as a positive law contradictory to natural law would never be approved by the law, and citizens would see no reason for obedience to it if it were passed
The third take-out issue is the Colorado Marijuana Law, addressed during the fourth week. The understanding of marijuana offenses is important. While smoking marijuana is legal, rules still exist around the permissible quantity of medicinal products for personal use. Penalties depend on the extent to which a person possesses marijuana.
MY ANSWER FOR PART TWO
1) Define and briefly explain the logic behind the concept of employment-at-will.
Employment-at-will will mean that an employer may at any time terminate an employee, excluding illegally or for no cause whatsoever. Likewise, a staff member is permitted for no legal repercussions to leaving a post at any time. Employment also indicates that an employer can end a connection with an employee at any moment without notice or impact. For example, employers can modify their compensation, cancel or limit their time off payments. The United States rule exposes employees to arrest, unexpected dismissal, a reduced schedule of work or a call-up based onthe employer’s needs, and an unannounced decrease in wages and benefits.
2) How do the laws surrounding organized labor support, modify, or conflict with this concept?
The courts, over time, have issued exceptions to ameliorate the frequently harsh effects of the presumption of will. Three main standard law exceptions are public policies, the implicit contract, and the implied good faith pact. Employees are safeguarded against adverse employment measures that contravene the public interest according tothe most commonly recognized exception to the presumption of will. This exemption to the common law is linked to the below exception for retaliation, and both may overlap. Some courts have refused to acknowledge a particular public policy wrong where a legislative remedy is available.
3) Is it possible that one approach to staffing would be preferable over the other, or is it dependent on specific circumstances faced by the organization? Explain.
A staffing model may be appropriate for one situation but not for another. Choosing a legitimate staffing model is influenced not only by the model’s characteristics but also by the clarity and precision with which the organizational goals connected with the modeling endeavor are articulated. Models can give crucial information about the resources needed to fulfill organizational goals and assist resource allocation decisions; nevertheless, neither modeling nor any strategy depending only on staffingmanagement tools will guarantee optimal staffing. It is the responsibility of the organization to select and apply the most helpful model.
RES
0 comments