[mage lang="" source="flickr"]employment law final exam[/mage] Police Testing - Medical/Psychological?
I actually was offered a "conditional employment" by the Washington State Patrol, and I must take my final medical exam and psychological exam. The officer who notified me said that I would need to have blood drawn to make sure I don't have any "weird diseases or drugs in my system", anyone know what they test for, so I can be relieved to know I don't have that "weird disease"? Also, what are some general questions asked on a law enforcement psychology screening? Any help would be appreciated, thanks guys!
I think that a lot of police forces will give the MMPI which is a sophisticated personality test. Hundreds of questions (600 or so), many of which will seem irrelevant. All I can say is to be honest when taking it.
JOBS
Job seeking legal immigrants face a myriad of federal restrictions on their employment not faced by illegal aliens. They must get approval and pay thousands of dollars to remain in the country. They are prevented from taking jobs unless they have been offered to citizens first. Further, they cannot be paid less than is offered to an American citizen. The objective of this policy is to ensure that immigrants actually do take jobs that Americans do not want. This law is not implemented for illegal alliens.
Illegal immigration is unfair to American citizens and to the immigrants who go to great lengths to enter this country legally. As with other countries, the US needs to document all of its visitors.
I have now met two people on here with a positive IQ in the last two weeks. Things are really looking up.
Now if we could just a few elected officials to see this perhaps something positive might come out of Washington, DC.
Order No. 71146970 Discrimination Based On Age And Disability In Employment
Introduction
To be discriminated has there notion that one is not given the rights that will enable him or her offer the required productivity this is in terms of providing an hostile environment that will lead to the employee have no hope for work because it is not possible to work. This is because if a person is set in an environment such as for example been told to work in a company where by the air pollution is very high and not given the protective devices, this will mean that such person will be in an exposure that will lead to many dangerous disease that are related to smoke and therefore that person's health will be at risk all the time this means that it will not be possible for one to work in an hostile environment that does not favor his or her health and therefore such a person will feel discriminated due to this condition that is exposed on him or her.( Jose,1997)
Employment discrimination that is mainly based on age and disability has been wide spread in most of the countries this is because these people are seen to be of less importance and not able to offer the required productivity therefore the people are discriminated in terms of hiring, one can be fired any time even without a cause, the people who are discriminated are not even given high ranks even after they have provided their services to the organization and these people are accursed of misbehave and therefore they enter into different punishments .there are different types of discrimination in the employment like the age discrimination which is the state where by the older people are mainly mistreated this is because they are seen to have low productivity and therefore they prefer to employ the young people who are healthy and can work for many hours therefore it is always a bother and time of distress to the people who have experienced and been in older ages. In the case of the disability discrimination this is a case where by the people with abnormalities such as the blind, deaf and dumb and other types of disabilities are not given opportunities to work just like the other normal people this means that such people even if they have experiences are not given chance in the work places to do there work as they are seen to offer little to the organization. There is the race discrimination which is related to the notion whether one is a black or a white and therefore depending on ones race then the employment for example the work for the whites will be very different for the African Americans the reason is that these blacks in US are seen to offer poor quality products even with training and therefore it becomes very hard for them to get good posts in the country. The race discrimination has a high impact mainly to the blacks who educated this is because they are not given chance and the freedom to work like the other citizens. (Jerry, 2001)
The sex discrimination where by the females are treated differently from the males and therefore it means that most of the favorite jobs may be given to either the females of the males depending on the view in that particular organization therefore it becomes very hard for the people to do their work as expected and therefore most of the work will be left undone this means that such an organization will have low productivity which will lead to low economic growth and the country will have less of its own. This is due to the fact that the organizations are not producing enough for sale and also for the nation satisfaction and this will mean that the nation will not have enough products for the rapidly growing population. The employment discrimination leads to the low growth of the economy of the nation this is because it is not possible for them to know and give every one freedom to get jobs just like the rest and therefore the country will end up having many jobless people and this will mean that the dependency rate will be high. With high dependency rate then it means that the country will be forced to get assistance from other countries this is due to the fact that many people who should be doing their work to earn a living are seen to be of less importance and therefore such a country will continue to be experiencing low growth in economy as most of the income will be used to get assistances from other places. (Jeff, 1997)
Age discrimination
This is where by the employer views the people within the ages of 40 to be of less importance this is because they are not able to do their work just like the young even though they have experiences. Most of the commonly discriminated people are the men and women who have attained the ages of 40 and above. This discrimination is seen in cases where by in the times of promotion then the old people are not given promotions, they do not get trainings just like the others and these people are given transfers without notice. The thing is they do not have to enjoy the benefits that are enjoyed by others in the organization. The discrimination is also seen where by they do not get cover for the provision of goods and services this is because they are not seen to be of importance and therefore they do not require to get the benefits of the organization just like the young people in the work place. Due to lack of the benefits that are required for an employee to do his or her work properly then such a person is seen discriminated. The examples of age discriminations includes: a person who is of like 56 years been given to work with a team of colleagues who are of the ages of 20s or those with less years compared to such a person this person is discriminated because the team he or she is working with will not be easy to cope with and therefore such a person will get difficulties in trying to interact and relate with these colleagues. Another example is where by one can work past his of her years of age in that one has retired and he or she is still working. This will lead to claims that will be based on the feeling that their is unfair dismissal of people and if the person is able to challenge the firm then he or she will become a bother because the thoughts that are mainly based on many firms is that it is not possible for a person above the age of 60 years to work perfectly. There is the company giving of pensions in that if one has to be retired and is given more time to work this will mean that such person will have the worry about his or her pension. (Dobrich, 2000)
Disability discrimination
In the treatment of a disable person unfavorably in that without giving him or her the services that are required will lead to problems that will mean that the person will not be able to work as expected will mean that such a person has been discriminated and not able to do what is expected of him or her. This is where by one is not given the rights in his or her abnormality to work and provide the best to the organization. The must common disabilities are blindness. Deafness, dumbness and other disabilities that people may have. Such a person who has been discriminated due to the fact that he or she is abnormal will lead toil more problems affecting such person and therefore he or she will be a bother to the people who relate with such a person. Examples of a disability discrimination is that a blind person who has experiences in typing and rejected in the organization due to his or her state of health this means that it becomes very hard for such person and he or she will be mentally and physically affected as they will have to depend on others for their survival. This person will not be able to know what to do due to the fact that there is no organization that is ready to recruit him or her. Another example is a person with the osteo-arthritis which is a disability that will make the person be not able to walk then such a person is not seen as of importance to do what is expected of him or her and therefore it becomes impossible to do the best so that the productivity can be accepted. Another example is that an employer not been able to offer employer for a disabled person who has got the qualifications and experiences that are required. The signs of discrimination includes: not given benefits that are required to enhance him or her so that the work can be done effectively like for example there are equipments that are required by the blind people to assist them to do their work as expected, also lack of the employer concern on the working environment for these people meaning that it is not possible to work all the best and therefore working becomes a bother for that person and has got to undergo many constraints in his or her life and therefore life becomes very hard. Disabled people are not given the attention that is required for their survival; this is because most of the employers view them as been a problem to the organization as they want to get special care so that they can work well and the fact is that it is not possible to work without some of the important equipments that are required for assistance and therefore it is not always a view that is accepted by most of the employers. (Clayton, 1994)
Laws concerning age discrimination
The laws prohibiting age discriminating are the age discrimination in employment act of 1967. This law ensures that the people who are of 40 years and above are given the same priorities to work just like the rest this is because when people get to the older ages are not preferred by most of the employers and therefore it becomes hard for them to secure jobs just like the young. This law covers these people and therefore it becomes possible for them to work and get what ever they require just like the others who are able to work. The law has the idea that people are not supposed to be discriminated in any way provided such a person is able to work and has got experiences required .the ADEA law is applied to the employers who have more than twenty employees with both the state and the local government and is also applied to the organizations that are based on labor employment and also the federal government. It is against the law to have age limitations in job notices and it applies that the advertisement that has to be made known to the public should not have age indication. If the employer has to ask anything concerning the age of that particular person then it should be lawfully done and should not be disclosed. There is a law that was changed in 1990 that is the older workers benefit protection act that ensures that the older people are not rejected of their benefits but are seen to be just the same as the rest in any working institutions. (Barns, 1998)
If one has been discriminated due to his or her age then the ADEA has got the rights that show that such an employer has to face the law and therefore such a person who is discriminated should ensure that the report is made to the protection law act. For a person to be able to report the discrimination and be considered then he or she should ensure that such requirements must be followed which includes: the rights must be in writing and understandable, it must be specific to the ADEA rights, the rights law should ensure that the claims should not be repeated in future, the rights should have valuable consideration, it must advise the individual on how to go about the laws before signing the law and the individual should be given days to consider the agreement and therefore one should ensure that the rights are well understood and the best is achieved in making sure that the people are not discriminated. This law that is based on the age discrimination has got to be made clear and cover all the employees this is because most of the employer's do not like to employ the old people and therefore such a person will be willing to work and no job provided and therefore it becomes a bother to him or her if he or she is the sole provider for the family. This will mean that such a person will be forced to do things that are not acceptable by law and lead to more problems. (Barbara, 1997)
Laws for disability discrimination
The American with disabilities act (ADA) deals with ensuring that the people with disabilities are given the same opportunities that are in employment, transportation, public accommodation and the state and local government services. This law ensures that the disabled people are provided with all the equipments that are required in any working environment so that they can do their work as expected that is including the hiring terms, the payment terms, they should get the benefits that are required and this employers includes the private businesses, the educational institutions, the employment agencies and all the institutions that deal with employment opportunities including the local and the federal government. This means that the act ensures that all the other employees are covered with their disabilities and they enjoy their benefits just the same as the normal people. It is not lawful for the employer to discriminate against the disable people when making the arrangements in deciding whom to recruit this means that the employer should be ready to accept the person provided this person can be able to offer what is required by the organization. The US equal employment opportunity commission (EEOC) ensures that it provides the resources that are required by the ADA so that it can operate as required in dealing with the employers who are ready to interfere with the working conditions of the disabled people through any of the means that will make the working of that person be in danger that is like providing hostile environments and therefore this will be very hard for such a person to do what is expected. The terms that are used by that employer in employing the employees should not lead to discrimination and the notion of the employer refusing to employ a person due to the disability that is in that person. Therefore it means that the employer is liable by the law to make sure that the employment criteria are not discriminatory. Such a person should not be discriminated in terms of been given promotions, the transfer training been that they do not give them that is expected for their assistance in ensuring they work well. It is also unlawful for the employer to harass a disabled person who has been employed meaning that an employer should be willing and ready to offer the services that are required so that they can work without been in stress this is because harassing a person will have the impact of stress. The harassment can be through violating the person's dignity in that the person is not given his or her self respect and also the employer can create an hostile environment for that person which will mean that it will not be possible for that particular person to work as the condition is not favorable for him or her. (Kathy, 2000)
Solutions for age discrimination
If not feels that he or she is discriminated then there is need to ask the employer to resolve the matter and if they are not possible then the individual has got the right to sue the employer. The charge must be filled within the given time and this is the only time when the EEOC can help the people to go about the problems that affects him or her. This EEOC ensure that the charge of discrimination against that company has been filed; it ensures that it gets the solutions immediately and this is done through ensuring that it tries to resolve the problem between the employees and the employer. The employee can also decide to take the problem to the court this is because it is the right of that person to ensure that his or her rights have been followed. (Arthur, 1991)
Solutions for disability discrimination
For the employers to ensure that they offer the required services to the disabled then they are supposed to ensure that they make the adaptations to the tests that are required for interview, the employer should also allow the job applications to be seen by all in the nation, the should be equipments given to those people for example the impaired so that they can be able to work effectively and also for the case of the blind they should be provided with Braille display meaning that with this instrument then the blind person will work effectively without problems and therefore what us required will be produced. The employer should also provide vacations for the employees in that they should not be over worked because they need to have care that is required. They should have relocation of some duties for the normal people so that the disabled do not have the notion of been discriminated. The employer should know how to treat the adjustment that will prevent the problems that may affect these disabled people; they should also offer financial support to them so that they are not disrupted in their working places. There resources should be readily available so that the disabled does not have to move from, one place to another. The nature of the activities that are given to that person should be taken with a lot of care so that it does not harm him or her. The person has got the right to report the discrimination to the court so that the right steps are taken against this employer who is discriminating the person. (Arthur, 1990)
Conclusion
The discrimination should be considered so that they ensure that people need to have respect that will lead to the proper working rate. Without discrimination then the working will not be interrupted and therefore it will become possible for all the people to fit in any of the fields that are offered by the company. Discrimination affects the performance of the organizations which will further lead to more effects on the nation as a whole this is because most of the people will be jobless with experiences and qualifications but due to there state of either been disabled or been past the required age then such a person finds no opportunity and therefore the dependency rate becomes great that will lead to more strain in the nation in dealing with the provision of basic needs of the population. A nation should ensure that the people get their rights the same as the normal ones and therefore the laws should be very stiff for those who go against the laws that are set to cover the people with abnormalities of other types of discriminations.
Summary
Age discrimination has got a high impact to the discriminated person this is because it leads to a hard life that the person has got to go through. The problems that lead to age discriminations includes things like the person may be forced to get things from others illegally either through bullying or theft this is because they are not given there opportunities to wok just like the young and therefore it the life of that person is in danger all the time. In the case of disability discrimination the person becomes a burden to the people who take care of him or her been that he or she has got experiences and can be able to work but the thing is that he or she is not given the required opportunity and therefore has to depend on others for survival. Discrimination leads to the slow growth of the economy of that particular nation due to the fact that dependency ratio will be great and will affect t the things that are to be done by that nation for its survival.
Reference:
Arthur, B. (1990): the employees' rights and responsibilities. The right communication of the employees' rights and responsibilities. A book review. Industrial relations review, pp, 90-100, American society of newspaper editors.
Arthur, D. (1991): safeguarding the employees rights .the right measures to undertake so that these workers can do the best. Spring field. Journal of planning and employment, pp, 36
Barbara, G. (1997): rights in work place. The guides for employees' legal protection. Book review. Journal of disability studies, pp 67-70
Barns, E. (1998): the rights for people to work in any organization. The business law and the regulatory environment. Ryburn publishing, Halifax.
Clayton, M. (1994): differences between the rights given to employees in public and private sectors. American business laws journal, pp 67.
Dobrich, D. (2000): protection of workers in basis of age, disability and race discrimination. The managers' guide to preventing hostile work environment. The news media and disability, pp 89-100
Jeff, N. (1997): the people's rights and personality tests. The employees' selection, HR Focus, PP, 45.
Jerry, H. (2001): the work of ADEA. The functions of the ADEA law act in age discrimination. Paper presented at the annual meeting for the education in journalism and mass communication
Jose, M. (1997): the social security and pensions. The cultural representation of the people with disabilities. Chronicle of higher education.
Kathy, M. (2000): disability discrimination rights. The rights that enable the disabled people do their work normally. Disability discrimination act disability standards.
Mike, D. (1997): the employees' rights. Need for all the workers to have freedom. Report of the inquiry into equal opportunity.
William, K. (1998): employees' rights .the act that ensures no discrimination is done. Disabilities studies quarterly. Report for Dispute resolutions
About the Author
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Anger building in San Antonio over possible immigration law
Momentum is building in Texas to introduce a bill modeled on Arizona's new -- and controversial -- immigration law. Republican lawmaker Leo Berman has now joined state Rep. Debbie Riddle in an effort to file legislation in January that would require law enforcement to question people about their immigration status. The Brown Beret Group met outside the Guadalupe Cultural Arts Center on Wednesday ... Donati Law Firm, LLP Employment Discrimination Memphis
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Four charged in Skyline drug bust
Four people have been charged in Skagit County Superior Court after about $10,000 worth of drugs were seized at a Skyline home in February. Five people were arrested when the Skagit County… Immigration Lawyer/Attorney - Overstaying & Employment Visa
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Clean Car Program to Promote Green Cars, Increase Savings
In the race to promote green cars among car buyers, legislations have been passed and marketing strategies have been formulated. In the State of California, true to Governor Arnold Schwarzenegger’s promise, these steps are already being implemented by the State government and the private sector.
The University of Michigan’s Transportation Research Institute (UMTRI) recently made a study concerning a possible incentive program which will promote the sale of green cars in California. The findings show that the incentive program can lead to a 33 percent reduction of greenhouse gas emission. The program not only helps the environment but also help drivers save on their fuel expenditures. The study found out that on an average, green cars can offer as much as $2,500 savings in fuel consumption.
The said program studied by UMTRI is known as the Clean Car Discount. This program offers a timetable of fees and rebates dubbed as “feebates”. The said feebates will be based on the amount of greenhouse gas emitted by the vehicle that car buyers will purchase. Of course, the less greenhouse gas a vehicle emits, the more the incentive that will be offered.
Currently, different clean car technologies are being employed by car manufacturers. In California, known as the hotbed of Asian car manufacturers, hybrid vehicles are the most popular green cars. The promotion of other clean car technologies such as clean diesels and flex-fuel vehicles is the aim of the new incentive program. Not only will the incentive program encourage car buyers to purchase green cars but also affect car manufacturers. “Our analysis shows that by harnessing the power of price signals, feebates spur consumers to purchase and manufacturers to produce cleaner vehicles,” says Walter McManus, the director of UMTRI’s Automotive Analysis Division.
The study conducted is entitled “Economic Analysis of Feebates to Reduce Greenhouse Gas Emission from Light Vehicles for California”. The said analysis is based on “The California Clean Car Discount Act” (AB 493) which is authored by State Assemblyman Ira Ruskin of the 21st Assembly District. The bill states that the California Air Resources Board or CARB must provide rebates to first time car buyers. The said rebates will be made available to those who purchase green cars or those with low global warming potential. The bill states that about twenty to twenty-five percent of cars and trucks will not be made available with the rebates. This may include large vehicles such as SUVs and pickup trucks such as the Chevrolet Colorado whether they are equipped with Chevrolet pickup traction bar or not.
The said legislation is expected to be considered by the California Assembly Appropriations Committee by the end of this month. Voting on the bill is expected to commence by early June.
The study made by the UMTRI examined the effect of the incentive program on the amount of greenhouse gas emissions released by vehicles on the State’s roads. The incentive program is also examined how it will work with the existing Global Warming Solutions Act of 2006 in reducing the amount of greenhouse gas released onto the atmosphere by cars and trucks. The study found out that the present greenhouse gas regulation reduces greenhouse gas emissions by as much as 26.7 percent. The said legislation enforces a limit on greenhouse gas emission by different industries in the state of California and imposes penalties for industries unable to comply.
With the existing regulation combined with the proposed bill which offers feebates at $18 for every gram of carbon dioxide emitted by a certain vehicle per mile, greenhouse gas reduction is 25 percent more than what the present regulation can do on its own. The present and the proposed regulation when used together can also help retailers earn by as much as 6.7 percent. This is because the feebates is expected to boost the sale of green cars. “We concluded that a feebates program combined with California's Pavley law is a potent policy solution to reduce global warming emissions because everyone gains - the consumer, the retailer and the environment we share,” says McManus. This proposed bill when passed into law will greatly reduce California’s greenhouse gas production since cars and trucks produced about a third of the total greenhouse gas emissions of the state. Presently, there are in excess of 20 million passenger vehicles on the state’s roads. That number is expected to rise by as much as 1.9 million vehicles every year.
About the Author
Anthony Fontanelle is a 35-year-old automotive.buff who grew up in the Windy City. He does freelance work for an automotive magazine when he is not busy customizing cars in his shop.
House Session 2010-04-14 (16:45:10-17:45:08)
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The Development Of Peterborough Law Firm Hegarty LLP From 1974 To Date
In February 1968 the Peterborough Development Corporation was established with a task to provide homes, work and a full range of urban facilities and services for an extra 70,000 people drawn mainly at that time from the Greater London Area. Richard Hegarty was born in nearby Stamford and went to Stamford School and even as a sixth-former saw the potential for legal work in the greater Peterborough area. Whilst at Leicester University studying law he saw the beginnings of the new Peterborough being built with new roads and houses and industrial developments beginning to make an impact on the Peterborough skyline.
Richard Hegarty graduated from Leicester University in 1972 and commenced his articles with a firm of solicitors in Leicester, Harding & Barnett, and then subsequently Gardner & Millhouse. He firmed up an intention to set up in practice in Peterborough in the early part of 1973. Richard's father was the managing clerk of a firm of solicitors in Stamford, Kelham & Sons, and had vast experience in conveyancing and probate matters over a 40 year period. He was due to retire at the end of 1974 and Richard and his father agreed to set up in practice in Peterborough. Mr Hegarty senior brought not only a vast experience but also many very useful contacts in the Peterborough area. The firm opened its doors on 15th October 1974 in premises at 16 Lincoln Road, Peterborough. Richard's mother was the receptionist and typist. The offices consisted of two rooms and a cubby-hole which was a makeshift reception. Peterborough had not seen a new firm of solicitors for some time, but the timing could not have been better with a substantial increase in the number of new homes being built in Peterborough and an influx of new residents. In the early days Richard would do criminal, family and conveyancing work, but it soon became apparent that the firm would have to expand to cope with the substantial volume of work that was coming to the firm. Mr Hegarty senior retired from Kelham & Sons in December 1974 and initially was going to work part-time in Peterborough. The work load was such that it was immediately obvious that he would need to work on a full-time basis and this he did until he died in harness in August 1983.
The firm continued to thrive on the back of the expansion of Peterborough, and in October 1977 Tim Thompson joined and became a partner shortly after qualifying in 1979.
Hegarty & Co opened a branch office in Stamford in December 1979 in Maiden Lane. These premises soon proved to be too small for the volume of work that came into the Stamford office and in 1984 the firm purchased premises at 10 Ironmonger Street and redeveloped them into modern offices. The Stamford office continues to practice to this day from those premises.
The expansion of the Peterborough office continued at a pace and in 1984 the whole of 16 Lincoln Road was purchased and redeveloped into offices. Martin Bloom joined the firm as in 1980 and the practice continued to expand the areas of law which it was involved in.
In the mid-1980's it was decided that each solicitor would no longer handle a broad range of legal matters but should specialize, and so separate departments for property, crime, litigation and family were created. Although such specialization in firms of solicitors is now taken for granted, at this time it was very much a new phenomena for provincial firms.
Towards the end of the 1980's it became apparent that the firm would have to move into new offices to be able to cope with the increase in the numbers of staff and the onset of new technology. A site in Broadway was earmarked for development and the partners purchased the site and built offices which they still own today.
Richard Hegarty was elected to the Council of the Law Society in 1989 to represent solicitors in Cambridgeshire and Bedfordshire. He spent a total of 16 years on the Law Society Council during which time he held a number of senior posts. In the early 1990's he lectured extensively in practice development and was instrumental in a number of projects at the Law Society which were designed to improve the quality of legal services provided by solicitors. The most notable of these were the creation of the "practice management standards" which Richard helped to write in the early 1990's. Richard saw the importance of improving the quality of legal services that solicitors provided and how important the use of systems was going to be in the 1990's and beyond. Practice management standards developed into the accreditation mark Lexel which is now the accepted standard for quality firms in England and Wales. Hegarty & Co were one of the first firms to obtain accreditation to BS5750 which is now the ISO 9001 standard. This accreditation they retain today together with the Law Society Lexel standard.
Although he retired from the Law Society Council in 2005 Richard still serves on the Compliance Committee of the Solicitors Regulation Authority and is a member of the Law Society's Lexel assessment panel.
As the firm developed, the partnership increased and Matthew Sidebottom was made a partner in 1990 four years after joining the firm.
In 2003 Kally Singh, who had completed his training with the firm, became a partner and Hugh Nicholls, who had been at a major City of London practice for 17 years joined as a partner.
On 1st May 2006 the firm became a limited liability partnership with the name of Hegarty LLP. The same year saw the appointment of three new partners Andrew Heeler, Greg Baker and Sean Rowcliffe increasing the number of partners to it's current total of nine.
Richard Hegarty says, "Today Hegarty LLP is recognised a major regional firm employing almost 70 staff, and provides a broad range of legal expertise.It is pleasing to have helped with that vision of Peterborough back in 1968 and help in a small way acheive is goals"
About the Author
Richard Hegarty
founded the firm of Hegarty LLP in Peterborough 1974. He is the Senior and Administrative Partner and deals with company commercial matters. Visit his site at www.hegarty.co.uk
Countering Hate Speech with Social Responsibility, Asma T. Uddin-Rumi Forum
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5 Things to Look For in Your Timesheet Software
How many business owners still use manual cash registers? Typewriters? Hand-written inventory sheets and business financial papers? Then why have your employees continue to slip a scribbled-on yellow card into a loud, antique time card puncher? By upgrading to timesheet software, and integrating modern scanning technology such as a thumb print scanner or magnetic card reader, you will improve your employee management and payroll, and save time and money in the process. However, in upgrading to payroll and time clock software, one must first know what features to look for. The following are the most important elements to a good, effective time clock program:
- Time in/out features accurate to the second, customizable and compliant to your payroll rules and local overtime laws. This is an important feature. Timesheet software can keep track of requirements of both your local government, and specific rules and guidelines that you set for your own business.
- Proper record keeping capabilities. This is probably the feature that will differ the most from program to program, but is absolutely essential to a complete time clock program. As a business owner, you will need to keep accurate records of attendance, total work hours, and overtime hours. And this information must be made readily available for a number of different purposes.
- Adaptability to security requirements and employee evaluation. Whether you chose to have your employees swipe an ID card to activate the time clock, or press their thumb against a fingerprint scanner, you need to be able to accurately research your employees attendance by day, shift, department, and task. With the standard manual time clock, employees could clock each other in, and give their employers a poor representation of the overall productivity of the business. With timesheet software, this is no longer a worry.
- Save time for your bookkeeper or payroll personnel. All calculations can be completed instantaneously, and either sent or made available to a number of computers on your network while still being processed in one primary location. Instead of wasting time at the end of the pay period with a stack of time cards and a calculator, tallying each employees work hours, eliminate this antiquated business task and free up your staff for more relevant needs.
- Prevent underpayment and overpayment of employees. When employees are accidentally underpaid, the general atmosphere of your work environment suffers. When an employee is overpaid, you are not likely to hear about it unless you catch the mistake yourself, thus losing money. Detailed work hour records-keeping will ensure that each employee is getting paid exactly for the time they worked, no more and no less.
For a low startup cost, timesheet software will greatly improve your business. Instead of spending hours tallying up work hours, you will have these reports available instantaneously at any moment, and free up time for much more important tasks. You will gain a more complete picture of your employee's work habits and be able to make more educated management decisions. Take the next step with your business and order timesheet software today.
About the Author
When looking for business timesheet software, have a look at Spherical timesheet software
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[mage lang="" source="flickr"]employment law certificate uk[/mage] How long do I have to keep personal documents such as old bank statements and expired insurance certificates?
Is there UK law that states these documents should be kept for a specific amount of time? I have a whole heap of old paperwork including cheque stubs, bank statements, old employment contracts, P60s etc. - -what should I do with them?
Revenues and Customs can ask you to prove your income for any tax year in the last seven years, so after seven years you can shread them.
You can put shreaded paper into a recyle box or composter.
Do not just put them in the bin or recycle box as Identity fraud is at an all time high.
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The Value of Branding Your Blog
Harnessing the marketing power of your blog is an excellent strategy for growing your business. With the many benefits of blogs, including SEO and developing customer loyalty, even Fortune 500 companies are jumping on the bandwagon. However, utilizing blogs is not as simple as writing articles that optimize your company’s keywords.
Seeing your blog as an extension of your marketing and branding efforts is the key to maximizing the benefits of blogging. Remember, the purpose of your blog is to attract your target customer base – and keep them coming back for more. With that said, there are several strategies you can utilize to maximize the marketing power of your blog.
What does your blog say about your company?
A major element of your marketing efforts is brand congruency. McDonald’s, Apple, Nike, and the other highly successful global organizations have achieved their status through intelligent, congruent branding. Keeping this in mind, it is critical that your blog stays in line with your branding efforts. Readers see the blog as a personal extension of the company, and thus, it is important that it reflects the same character of your branding strategy.
For example, if you run an online party supplies store that is known for creativity, then make sure your blog reflects that branding. Include innovative party ideas, such as themes, unique DIY decorating tips, and recipes. This creates significant value with your target customer base, while keeping in line with the creative branding your company employs.
How is your blog valuable to your target customer?
Although blogs are indeed beneficial for SEO purposes, the most power you can generate from your blog stems from attracting your target customer. With this in mind, carefully evaluate how valuable your blog postings are to your client base. Put yourself in their shoes; would you bookmark your blog and come back regularly?
One strategic – and easy – way to increase the value of your blog is to create specialized content. Positioning yourself as a specialist and expert in the field not only provides value to the customer, but inherently reinforces the legitimacy of your company.
For example, if you are a recruiting firm, then your blog should discuss pressing HR issues that your clients would find valuable. You could expound upon changing laws, new legal rulings, powerful interview questions, and background check tools. Not only do you reaffirm your expertise in recruiting employees, but you present very valuable information that would prompt your client base to become regular readers.
How does your blog stand out from the crowd?
With many of your competitors utilizing blogs, how can you compel your target audience to visit your blog? The key is to create innovative content that stands far above mediocre articles. While many blogs simply write average, keyword-rich articles for SEO purposes, make sure your blog shines with innovative content. Whether you infuse humor, compelling research, breaking news, or expert knowledge, writing interesting blog articles is the most powerful way to generate attention. Keep in mind that your goal is to create articles worthy of links – ones that other blogs and social networks will want to re-publish – and your content will easily stand out from the blogging crowd.
When you create innovative, valuable content that is in line with your branding strategy, your business can fully reap the benefits of blogging. Leave your competition in the dust as you jumpstart your marketing campaign with the power of today’s blog!
About the Author
Discover how blog content can increase your companys potential by visiting our Learning Guides. CommunicateBetter.org offers powerful freelance writing services, whether you need valuable, ghost-written blog articles or engaging, converting landing pages.
Your Top Three Questions About Confidentiality Agreements
The United States Constitutional Requirements Of Due Process Applied To The Public Employment Relationship Of School Personnel In Texas
The United States Constitutional Requirements of Due Process Applied to the Public Employment Relationship of School Personnel in Texas
Barbara A. Thompson, M.S.
PhD Student in Educational Leadership
College of Education
Prairie View A&M University
Administrative Assistant
College of Engineering Graduate Affairs and Research
William Allan Kritsonis, Ph.D.
Professor and Faculty Mentor
PhD Program in Educational Leadership
Prairie View A&M University
Member of the Texas A&M University System
Visiting Lecturer (2005)
Oxford Round Table
University of Oxford, Oxford England
Distinguished Alumnus (2004)
Central Washington University
College of Education and Professional
ABSTRACT
Most of the legal disputes arise out of the employment of public school personnel. Laws that affect the employment relationship, the constitutional concept of due process of law, different employment arrangements available to public schools in Texas, the hiring and firing process, and the legal issues that arise in these contexts are examined.
Introduction
The United States (U.S.) Constitution applies to the public employment relationship (Walsh, Kemerer & Maniotis, 2005). This fact distinguishes public employment from private employment. The due process of the Fourteenth Amendment is not invoked in the private sector and it is not a guarantee against incorrect or poor advisement. According to the U.S. Constitutional requirement of the due process clause, states must afford certain procedures before depriving individuals of certain interests. Laws and legal proceedings must be fair. When a person is treated unfairly by the government, including the courts, he is said to have been deprived of or denied due process. (The Lectric Law Library's Lexicon on Due Process, n.d.). The focus is on deprivation of liberty or property. Certain procedures are considered due process and certain interests are life, liberty, or property. The Supreme Court requires individuals to show that the interest in question is either their life, their liberty, or their property. If the interests are not in either of these categories, life, liberty or property, no matter how important it is, it doesn't qualify for constitutional protection. The U.S. Constitution only restricts governmental action.
Rights can be regulated or taken away altogether if due process of law is provided (Walsh, Kemerer & Maniotis, 2005). The due process clause serves to the use of fair procedures, more accurate results that would prevent the wrongful deprivation of interests. Due process provides individuals the opportunity to be heard from their point of view. This allows the individual to feel that the government has treated them fairly. The due process clause is essentially a guarantee of basic fairness by giving proper notice, providing an opportunity to be heard at a meaningful time in a meaningful way or a decision supported by substantial evidence. The more important the individual right in question is, the more process that must be afforded (Exploring Constitutional Conflicts, 2009).
The Purpose of the Article
The purpose of this article is to focus on the constitutional concept of due process of law, different employment arrangements available to public schools in Texas, the hiring and firing process and the legal issues that arise in these areas.
The Constitutional Concept of Due Process
In any personnel decision, the question is whether the employee was deprived of any property or liberty with the constitutional guarantee of due process of law. The 1972 U.S. Supreme Court case of Board of Regents v. Roth, ruled that teachers are protected under the 14th amendment property right of continued employment if the state law gives them a legitimate claim of entitlement to it (Walsh, Kemerer & Maniotis, 2005). Before any process is due, there must be state action and a significant, more sudden and dramatic deprivation of life, liberty or property. For example,
The federal court is not the appropriate forum in which to review the multitude of
personnel decisions that are made daily by public agencies. We must accept the harsh fact that numerous individual mistakes are inevitable in the day to day administration of our affairs. The United States Constitution cannot feasibly be construed to require federal judicial review for every such error. In the absence of any claim that the public employer was motivated by a desire to curtail or to penalize the exercise of an employee's constitutionally protected rights we presume that official action was regular and, if erroneous, can best be corrected in other ways. The Due Process Clause of the Fourteenth Amendment is not a guarantee against incorrect or ill-advised personnel decisions. (Russell v. El Paso I.S.D., 1976, p. 565.)
When the government deprives an individual of life, liberty or property, the due process clause is invoked. A property right protected by the Fourteenth Amendment may not be taken away without providing a person with due process (Walsh, Kemerer & Maniotis, 2005). Governmental action is restricted by the U.S. Constitution. In the private section, the due process clause is not invoked. Due process is not an absolute. It varies according to the deprivation of property.
When a person accepts a position with a school district on an at-will basis, he or she has no property right in the job (Walsh, Kemerer & Maniotis, 2005). There is an at-will employee contract that incorporates an at-will relationship. If the at-will employee points to the employee's policies and procedures manual as reasons not to be fired, no process is due. The at-will employee has a contact where the at-will relationship is stated and each party is free to end the employment relationship without notice, hearing or good cause (Walsh, Kemerer & Maniotis, 2005). There is no property right in the job, therefore no process is due. If the employee's contract is not renewed and the contract has run its full course, there is no process due. If the contract is not renewed and there is another year on the contract, then due process is invoked. The employee who has a contract is entitled to due process.
Due process for a terminated employee includes giving timely notice of why the termination is occurring, a fair hearing so that the employee can defend himself, names and the nature of the testimony of witnesses against the employee must be available, and sufficient evidence to establish a good cause for dismissal must be presented (Walsh, Kemerer & Maniotis, 2005). The employee can be on the job for thirty years or the employee can be a one year probationary teacher. If the contract was terminated before the stated expiration date, the property right of the individual is in question and due process is invoked. Texas employees are allowed an independent hearing. Any decision to terminate a contract comes back to the school Board before it is final. The employee must produce clear evidence if they charge the Board with partiality.
The liberty right of the individual addressed in the Fourteenth Amendment suggests that the parent has a right to select a non-public school, the right to privacy and the right to a good reputation. In the 1972 Supreme Court case Wisconsin v. Constantineau (p.437), the employee stated the government put his name, honor and reputation at state, therefore a notice and an opportunity to be heard was essential. Stigmatizing statements create a right to a name clearing hearing only if they arise in conjunction with termination or non-renewal of employment as in the Siegert v. Gilley, 1991 court case. If the employee publicized the defamatory remarks, due process is not invoked. There is no right to a name clearing hearing. In Burris v. Willis I.S.D., 1983, a teacher claimed that when a board official read a letter about him at an open board meeting and in so doing, it violated his constitutional rights by depriving him of a liberty right to a good reputation. The teacher's claim was rejected because the file was kept confidential.
Employment Arrangements, Contracts and Legal Recourse
There are six types of employees within the public school (Walsh, Kemerer & Maniotis, 2005). They are at-will employees, non-chapter 21 contract employees, probationary contract employees, term contract employees, continuing contract employees and third-party independent contract employees. Legal issues arise within each area when the relationship is ended.
At Will Contracts
The at-will employee has a contact where the at-will relationship is stated and each party is free to end the employment relationship without notice, hearing or good cause. This employee can be terminated for good reasons, bad reasons, or ‘no reason at all'. ‘No reason at all' refers to a reason based on a bad reason that violates state or federal law. If the decision is a wrongful discharge and the employer violated state or federal law, the employee can sue (Walsh, Kemerer & Maniotis, 2005). The at-will relationship is the norm in the private sector. For example, an employee in at at-will relationship in the private sector can be described as an employee working for 30 years and quit his or her job tomorrow. Also, an employee can go into work the next day and be fired (Walsh, Kemerer & Maniotis, 2005). The terminated at-will employee can file suit alleging his discharge was due to retaliation for his exercise of his constitutional rights when he or she blew the whistle on wrongdoing. The terminated employee can also file discrimination based on race, sex, religion, age, national origin, or disability if it can be proven.
Chapter 21 and Non Chapter 21 Contracts
Teachers certified under chapter 21 of the Education code must have a contract. Chapter 21 employees include the classroom teacher, librarian, nurse or counselor, which means a probationary, term or continuing contract. Section 21:201 describes a teacher under term contract law as a supervisor, classroom teacher, counselor or other full-time professional who must be certified under Subchapter B or a nurse. Non-chapter 21 employees do not need a contract and do not require certification. They are not subject to an independent hearing system or statutory non-renewal process. Positions such as business manager, director of transportation, director of construction and facilities or director of maintenance do not require certification. If there is a written employment contract, and the employee alleges the district violated the contract and meant him monetary harm, the employee can appeal to the commissioner pursuant to TEC § 7.107.
Probationary Contracts
Probationary contracts are for those teachers who have never taught before or who have not been employed for two consecutive years subsequent to August 28, 1967. (TEC § 21.102. The probationary period can be as long as 3 years except for experienced educators with previous employment in public school for 5 of the 8 preceding years. The probationary teacher will serve under a 3 consecutive one-year probationary contracts. Probationary periods can be for a semester when the school year falls in the middle of the year. A probationary teacher can resign without penalty up to forty-five days before the first day of instruction. If school starts in mid-August, the teacher must resign before July 1 or suffer sanctions imposed by the State Board of Educator Certification. A probationary contract can be non-renewed by the board even if the superintendent recommended that it be renewed (Berry v. Kemp I.S.D.).
Term Contracts
After the probationary period, the teacher must receive either a continuing or a term contract (Walsh, Kemerer & Maniotis, 2005). The length of the contract and the process for renewal, nonrenewal, or termination determines which contract to offer. A classroom teacher, superintendent, principal, supervisor, counselor or other full-time professional employee who holds a certification or a nurse may be offered a term contract. A term contract has a beginning date and an end date and is any probationary Chapter 21 contract for a fixed term that can be as long as 5 school years. As the end date approaches, some action must be taken. The resignation date for a term employee is 45 days prior to the first day of instruction which is the same for probationary employees (Walsh, Kemerer & Maniotis, 2005). A term teacher contract can be renewed by the school, non-renewed or terminated. Termination refers to the action of the district to end the contract prior to its normal expiration date. The teacher is deprived of property interest and good cause, thus due process is required.
A non-renewal of contract refers to the school district letting the contract expire. The employee is permitted to fulfill the terms of the contract and no new contract is offered. If there is a multi-year contract, the district extends the contract each year or if the contract is not extended in the 2nd year, it is still valid for that year. The contract is non-renewed. A term contract teacher is entitled to a hearing prior to nonrenewal. Once the teacher receives notice, a hearing can be scheduled within 15 days with the board or an independent hearing system that is closed to the public, unless the teacher requests an open hearing. A term contract teacher can be suspended, but not beyond the school year, without pay for good cause as determined by the school board. The teacher is entitled to request an independent hearing or the district can suspend the teacher with pay and non-renew the contract at the end of its term. The district must give notice of a proposed non-renewal to the teacher 45 calendar days before the last day of instruction. If the 45 days are not adhered to, the contract is automatically renewed. Complaints of procedural irregularities in the appraisal process cannot be resurrected at the contract non-renewal process (Walsh, Kemerer & Maniotis, 2005).
When the superintendent contract is up for non-renewal, reasonable notice of the reason for the proposed non-renewal must be given before the 30th day of the last day of the contract term. In contrast, the teacher term contract does not require reasonable notice of the reason for the proposed non-renewal.
Continuing Contracts
A continuing contract is issued to a classroom teacher, superintendent, principal, supervisor, counselor or other full-time professional employee who was eligible for a continuing contract. The contract rolls over form one year to the next year without the necessity of board action. Non-renewal does not apply to continuing contracts. A former administrator, who moves into a teaching position and teaches children, can be issued a continuing contract. There is no specific length of time for continuing contract. The contract remains in effect until the teacher resigns, retires, is terminated, or is returned to probationary status. The continuing contract teacher can be terminated according to the independent hearing system, at any time for good cause (failure to meet the standards of conduct for the profession as generally recognized and applied in similarly situated school districts in the state) as determined by the board of trustees (TEC §21.156). Instead of discharge, a school can suspend a continuing teacher contract with notice, entitlement to an independent hearing, and without pay for a period of time not to exceed the current school year. The continuing teacher contract can return to a probationary status, provided the teacher consents to the move (Walsh, Kemerer & Maniotis, 2005).
Third-Party Independent Contracts
Full vested educators in the Texas Teacher Retirement system (TRS) could retire, begin drawing benefits, and them go to work at a salary equivalent to or better than what they had been making. School Boards could begin hiring teachers and not be burdened with having to treat them as employees. The teachers would keep their benefits under TRS (Att'y Gen. Op. GA-0018, 2003). If a school principal was dissatisfied with a teacher, he would call and ask for a different teacher. The school district did not employ the teacher and there was no contract and no legal requirements to end the relationship.
The Hiring and Firing Process
In 1992, the legislature created State Board for Educator Certification (SBEC), a 14 member board, as the key entity to oversee and regulate all aspects of the certification, continuing education, and standards of conduct of public school educators. SBEC has power to adopt rules for out of state educators, certification, requirements for renewal of certificates, and disciplinary procedures for suspension and revoking a certificate as well as approval and continuing accountability of such programs (Walsh, Kemerer & Maniotis, 2005). The board must annually review the accreditation status of each educator preparation program. An advisory committee has to be appointed by SBEC for each class of educator certificates. These rules must be submitted and reviewed by the State Board of Education and can be rejected by SBOE by a 2/3 vote. A public school district can hire certified and licensed employees. Certified employees are teachers, teacher interns, teacher trainees, librarians, educational aids, administrators, and counselors. Licensed employees are audiologists, occupational therapists, physical therapists, physicians, nurses, school psychologists, associate school psychologists, social workers, and speech pathologists (Walsh, Kemerer & Maniotis, 2005).
Texas public school districts are governed by the same laws that prohibit discrimination laws based on race, sex, religion, age, national origin, sexual harassment, and disabilities. Nondiscrimination laws apply to all employees regardless of the contract and have implications for the hiring process. Those involved in the hiring process need specific training (Walsh, Kemerer & Maniotis, 2005).
School districts are not required to advertise or post vacancies in their school. Advertising is a choice the school makes so that they can defend themselves against discrimination. The school board adopts policies regarding the employment and duties of personnel. The superintendent has sole authority to make recommendations to the board regarding the selection of all personnel and must be in the loop in hiring people. The principal does not hire staff, but must approve each teacher, reassignment, or staff appointment to the principal's campus except for necessary teacher transfers due to enrollment shifts (11.202; Att'y Gen. Op. DM-27, 1991). In this regard, the superintendent has final placement authority for a teacher. SBEC must obtain criminal history on all certified educators. Background checks are not required by each school district except on contracted bus drivers of transportation services. If the bus driver has been convicted of a felony or misdemeanor involving moral turpitude, the bus drive may drive the bus only with the school's permission. If an applicant lies on an application about the felony or misdemeanor involving moral turpitude, the applicant must be terminated (TEC 22.085). "Moral turpitude is a legal concept in the United States that refers to "conduct that is considered contrary to community standards of justice, honesty or good morals" (Moral turpitude, 2009). If an applicant has a clean record when hired, and is convicted of an offense while working for the district, a report must be made within seven calendar days by the superintendent or chief executive (19 TAC 249.14)
Concluding Remarks
In conclusion, school districts employ many people and must comply with many federal and state mandates. The relationship between employees in the public schools is determined by constitutional restrictions and statutory provisions in the Education Code and other legislation. Regardless of the type of contract used by a school district, contract with teachers must be in writing. Verbal commitments from school administrators may not be legally binding. Terms of the contract must be approved by the school board. According to Walsh, Kemerer & Maniotis (2008), the knowledge of the basics of the law should move from the central office to each campus. The director of personnel for the district should be an expert and have full of the United States constitutional requirements of due process applied to the public employment relationship of school personnel in Texas.
Russell v El Pas I.S.D., 539 F.2d 563 (5th Cir. 1976): 128
Siegert v Gilley, 500 U.S. 226 (1991): 131
TEC 21:201
TEC 7.107
TEC 21.102
TEC 11.202
TEC 22.085
The Letric Law (2009). Moral turpitude. Retrieved November 18, 2009 from
http://www.lectlaw.com/def/d080.htm
Walsh, J, Kemerer, F., & Maniotis, L. (2008). The educator's guide to Texas school law.
6th ed. University of Texas Press: Austin, Texas.
Wisconsin v Constantineau, 400 U.S. 433 (1971): 130, 327
About the Author
Dr. Kritsonis Recognized as Distinguished Alumnus In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies. Dr. Kritsonis was nominated by alumni, former students, friends, faculty, and staff. Final selection was made by the Alumni Association Board of Directors. Recipients are CWU graduates of 20 years or more and are recognized for achievement in their professional field and have made a positive contribution to society. For the second consecutive year, U.S. News and World Report placed Central Washington University among the top elite public institutions in the west. CWU was 12th on the list in the 2006 On-Line Education of "America's Best Colleges."
Albany Law School, Law School Albany NY - Launch Your Law Career
[mage lang="" source="flickr"]human resources employment law classes[/mage] Right to education will be a reality: PM
With social inclusion and improving human resource development continuing to top the government’s political agenda, Prime Minister Manmohan Singh promised to find resources to convert the promise of Right to Education law into reality. You Are Not Alone Anymore
I have had alot of time off sick for which I have need hospital treatment on several occasions. Now my employer has called a discipline hearing. My union rep, said they had recently lost several disciplinary hearing for sickness. So i decided to hand in my notice, has my rep said the hearing would be cancelled if I did, and I thought it would look beter if I left, rather than be dismissed. But now my employer say they are still going ahead with the hearing. Does anybody know if I can still be dismissed after I have handed in my notice? Or can anyone give me any advice?
this hearing has more to do with the union then it does about you.
excessive absenteeism is grounds for termination with cause with or without union representation. the reasons for absenteeism are unimportant unless they fall under FMLA. as your rep noted the union has lost numerous cases involving absenteeism and the company must stick to their policy and equally enforce it with everyone. there really aren't any options for the employer but to go ahead with this. as far as how it effects you it could help in your ability to qualify for unemployment insurance, assuming you are able to work and are actively seeking employment.
for info concerning FMLA and how it relates to you:
http://www.dol.gov/compliance/laws/comp-fmla.htm
[mage lang="" source="flickr"]employment law rss feed[/mage]
How Do I Make Sure My Restaurant is Following IRS Tip Reporting Guidelines for 2010? + 5 Ways to Stay Informed
How Do I Make Sure My Restaurant is Following IRS Tip Reporting Guidelines for 2010?
As a restaurant or bar owner, you know the importance of staying abreast of tip and tax related laws? How do you do that? Tips are subject to the full range of employment and withholding taxes. They are compensation received for services rendered by your employees.
Here are the Top 3 reasons to make sure you are up on the IRS guidelines for the Form 8027, “Employer’s Annual Information Return of Tip Income and Allocated Tips, with the IRS.”
You operate a business where food or beverage tipping is customary
you have greater than 10 employees
Your food or beverage is sold for consumption on the premises
For a complete guide on tip income reporting rules from the IRS, read the instructions for IRS Form 8027 and Publication 15, IRS Employer’s Tax Guide. You may find printable pdf versions of all of the publications listed here by going online and searching for “IRS form _______” with the form number in the blank space.
Here are some other Forms and Reports that you should consider using with your Restaurant payroll:
On the “Employee’s Report of Tips to Employers,” you, the restaurant owner, receives written proof each payroll period of the of employee’s tips.
2. FICA Tip Credit. IRS Form 8826. This tax credit is a “general business credit.” Your restaurant may be able to reduce federal income taxes by the amount of FICA (Social Security and Medicare) taxes paid to employees on certain tips. These FICA tax payments have to do with FICA taxes you pay on tips beyond those tips used as a “tip credit” to meet your requirement to pay employees the federal minimum wage. This is the 45(B) credit. In order to properly calculation this, it is a good practice to use an experienced restaurant payroll company who has the software and experience calculating payroll tips, and the review of an cpa with restaurant tax experience.
Now that you have details on Tax Tip Reporting, we want to give you practical resources to stay abreast of the payroll tax filing requirements.
5 WAYS TO STAY INFORMED:
Besides understanding the tax laws in detail, it is helpful to have a network of experts to get answers from. Here are 5 ways successful restaurant owners and managers stay informed:
Become a member of a major restaurant industry association, such the National Restaurant Association or your state organization, such as the California Restaurant Association. Even your city may have a local chapter. For example, San Diego has a local chapter of the CRA. They have mixers and meetings. Go with the intention of making 10 to 20 good contacts with non-competing restaurant owners, so that you may share industry knowledge.
Other times, you can post to the group and get answers the next day.
You should also use the services of a good cpa, and abookkeeping and accounting service, often with QuickBooks® experience, who is knowledgeable in the tax laws surrounding the restaurant and food service industry.
Specialists in the restaurant industry will have training, tools and education specific to restaurant payroll taxation.
And, remember to read and stay informed. You are on the internet reading this article. You may find relevant article sites and blogs, bookmark them, and check back once a month for new information. Or, you can subscribe to RSS feeds from these sites to be kept up-to-date-on the latest information.
We hope this information is helpful to your restaurant business!
For more information, and to see how to better streamline the payroll tax and administrative side of the business, you may contact Pink Payroll. We can answer a few questions, or provide you with a Quick Quote.
Tax laws change frequently, so use this information, but make your final business decision taking into account the current advice of your cpa and payroll service. The information contained herein is for informational and educational purposes only, and not tax filing purposes.
About the Author
Erica Phillips is a graduate of San Diego State University, Business Administration. She has received honors for volunteer work, including a Congressional Medal presented in Washington, DC for Volunteer work. After positions as a marketing executive at Carnation (Nestle SA) and other corporate marketing, finance and sales positions, she has been an entrepreneur for over 15 years. She advises businesses on marketing, finance and budgeting as it relates to payroll services.
[mage lang="" source="flickr"]employment law teenagers[/mage] What are the limits teenagers have in law enforcement employment?
I had a friend that was 14 years old at the time and he said he was illegally a police officer. I had my doubts about this from the beginning.....but he kept insisting it was true and he provided me with so much info about it that I felt compelled to believe him.
Then he changes the subject and tells me the job is legal...being that I wanted to Become an FBI Agent, I figured some experience would be beneficial.
I do however suffer form depression form time to time...and he denied me of the job because he said people wit mental probs cant be cops.....i found out that ppl wit mental issues cant legally be denied the job of a cop without a personal psych eval by the police agency. So he was actually breaking the law by denying it to me.
I believed he was lying, but i wanted to confirm it. I contacted the local police and asked them. They laughed at me and said "wut do u think??"
Was he lying about being a cop?
His yahoo profile username is "Rabbit"
Did you ever hear the expression " Pulling your leg" ? That is what happened. Teen agers sometimes have a tendancy to exaggerate -- just a bit. If you are interested in Law Enforcement I suggest you learn to spell correctly, do a lot of studying so you can pass a verbal and written exam, in get yourself in excellent physical condition .
Teens Talk Back Furhan Mustafa on the Connexions career and advice service
Employment law. Contracts of employment-advice for employers
As a vast majority of businesses need employees in order to expand, company directors, sooner or later, have to face the prospect of recruiting people and familiarise themselves with employment law. Employment law, together with discrimination and data protection legislation all have major roles to play throughout the recruitment process.
Employment status
A person can be an employee or self-employed. Both have different legal, tax and National Insurance contribution implications and employers must be aware of these differences to know which category suits their business best. For example, a person can be classified as self-employed for tax purposes but as an employee for purposes of employment rights.
Usually an employment is offered in a letter although it is not uncommon for it to be offered verbally. It is important that the letter is made subject to the company’s standard employment terms and conditions. However, once an employment starts, the employer is obliged to give the employee a written statement of particulars of employment no later than two months after the employee has started work. The statement sets out the terms that have been agreed between the employer and the employee, such as job title and description, starting date, place of work, salary, benefits, required hours of work, holiday and sickness entitlement, notice periods, grievance arrangements and disciplinary procedures. Often, employers include in the contracts of employments provisions for confidentiality, restrictive covenants and other provisions.
It is also common practice to provide new employees with the company’s Health and Safety Policy, Equal Opportunities Policy, Data Protection Policy and other important company documents together with, and referred to in, their employment contracts
Contract to provide services
A contract to provide services is an agreement by which one person agrees to provide another with a service, but not necessarily undertaken by that person personally. A contract for services is typically used by a self employed person or between a temporary agency worker and the agency.
Directors as employees
A company directorship is an office and not an employment. However, the company can enter into a service contract with a director and then such a director would be an employee of the company. Where this is the case, the company must provide the director with an executive employment contract. It should be noted that the office of a director has different tax and National Insurance Contributions implications from that of an employee.
Conclusions
Contracts of employment exist to clarify both employment rights and obligations.They should detail benefits and entitlements due to the employee as well as set out what is expected from them.
It is a legal obligation in the UK for employers to provide employees with a contract of employment within two months of starting work. Despite their obligatory nature, employers should appreciate that they are hugely beneficial for a company. For example, they can be used as a mechanism to lock in highly skilled members of staff into a specific timeframe, by obliging them to offer a greater period of notice. Ultimately, employment contracts should not be perceived as another piece of paper work, but as a device to protect and strengthen a business.
About the Author
London Registrars is a firm of company secretaries, accountants and paralegals, offering a comprehensive range of business services since 1999. As a UKAS accredited firm London Registrars ensures that their bespoke solutions and legal advice are offered to the highest ISO 9001:2000 standards. Their wide range of services is designed to provide back office compliance and governance support at every organisational level. Their professional and approachable manner allows their clients to concentrate on running their businesses and benefit from London Registrars’ expertise.
Ohio Sheriffs Told to Stay in County Seat
The opinion by Attorney General Richard Cordray released last week says Ohio law prevents a sheriff from having offices outside the county justice seat, typically the county courthouse. Light My World (Rough Cut)
[mage lang="" source="flickr"]employment law workshops[/mage] Law of Agency?
Our car repairing company offers workers with a uniform. At off-duty and not acting during the course of his employment, a uniformed worker took charge of a client's car at the entrance of the repair workshop. The worker then stole it.
Advise the company
Because is is my homework, please only specify the main issue of the case and briefy explain. I wanna do it by myself.
In this case I would say the Company was liable ..
They should not have allowed an off-duty worker to take a uniform off the premises nor should they have allowed an off-duty employee onto their premises .. (I expect theses an implied 'Duty of Care' or some such towards customers coming onto their premises)
IF, on the other hand, they can produce paper-work showing that the worker had been fired the day before and that other workers had been warned to to allow him/her back onto the premises (and the car was taken from the public highway), I'm going to guess they are not liable ..
"The Sri Lanka Government must uphold the Rule of Law "
[mage lang="" source="flickr"]hr employment law certificate[/mage] Seeking advise.. I got a 1 year ban after finishing my 2 years unlimited contract?
I worked at a 4 star hotel and I finished my 2 years of service last Jul 2007, When I came back last Oct 2007 from my vacation, I was given a new position and was transferred to another department in the hotel. After a month, I received a call from one of the distinguished banks here in Dubai and they offered me a nice position in their Company. They presented me with their offer letter and asked me if I could start as soon as possible. So I resigned last Dec 2007 and had my exit interview with our personnel who informed me that he cannot obtain a "No Objection Certificate" for me. On top of that, the hotel gave me a ban. I just wanted to make sure that the hotel has the right to impose a ban and deny me a No Objection Certificate? Is this under the UAE labor law? Are all of these things presented to me by my HR Manager true and correct? Can I come back to Dubai with a new employment visa(under immigration) sponsored by the bank?
Thesis Writing by Custom Essay Writing Service Professays
Thesis is a kind of research report aimed at studying unsolved problems or contradictory phenomena in the fields of Science, Humanities, Arts. Usually its author mentions what progress has already been made in the research of the problems stated in the topic of his thesis, describes his own scientific research results designed to solve or clarify these problems and outlines the directions of further progress in these researches which can be made in future. While writing a thesis one should bear in mind that it can’t be a collection of ordinary, well-known ideas. Any thesis in any field of knowledge is to discover something unknown. Besides your examiners lots of other researchers will read it in order to get familiar with your scientific achievements in future. Such prospects oblige you to write clearly and explicitly to avoid ambiguity and make your scientific results unequivocal for others to understand. In most cases thesis has a fixed structure. A person doesn’t have to adhere rigidly to it but a wide deviation from the received structure may puzzle readers and even be interpreted as a rough mistake.
The standard thesis looks something like:
Introduction
Background & Related Work
Proposed Solution
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Another important issue is references. Most of examiners pay particular attention to them looking for important works to be listed and referred to in this section. They assess both the quality of the works listed there. Try to include in the reference section works as much relevant to the topic of your thesis as possible.
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Based upon space availability, The Champion prints calendar announcements and items for columns, including campus news, newsmakers and others for local organizations and individuals. For a complete listing, visit www.pioneerlocal.com/mortongrove , The deadline is 14 days before the desired publication date, however there is no guarantee for publication. Send releases ... Tom Gegax keynote (Pt 3 of 7)
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What Should You Study to Become a Personal Injury Lawyer?
Often referred to as a trial lawyer, a personal injury lawyer represents people who claim to have been injured, physically or emotionally, due to the negligence of a company, government agency, business, institution, or other person. Personal injury lawyers tend to be experts in an area called tort law that includes civil wrongs, vehicle collisions, medical errors, work injuries, assaults, defective products, slip and fall accidents, and much more. Damages sought usually involve financial compensation for harm to a person's health and well being, property, or reputation.
In order to practice law in the United States, a personal injury lawyer must pass a written bar examination. Most states require applicants to have completed a four-year college degree and a law degree from an accredited law school. It is valuable to obtain a bachelor's degree in an area of study that requires a lot of writing, researching, and reading. Good choices include a bachelor's degree in political science, history, English, or economics. It would also be helpful to take electives that relate to personal injury and the law.
To gain an even greater competitive edge over other law school applicants, one may want to take a Bachelor of Science Degree in Personal Injury. This degree provides basic skills such as communication skills and critical thinking. You will develop other important skills that include research, litigation preparation, analyzing medical reports, brief preparation, case law analysis, and damage presentation. You will also learn how to assess product liability and insurance claims. Areas of study include liability limitation, motor vehicle insurance claims investigation, pre-litigation protocols, instructing expert witnesses, tactics and negotiations, technical competencies in insurance law, product liability, medical records summation and review, and medical malpractice litigation. Many universities offer master's level degree courses and confer advanced degrees with concentrations in personal injury. It is important to be aware that the first half of a three year law school concentrates on general law areas such as contracts, torts, property law, and constitutional law.
All states require a personal injury lawyer to take the Multistate Bar Examination (MBE), the Multistate Essay Examination (MEE), and the Multistate Professional Responsibility Examination (MPRE), and a state bar exam.
Personal injury lawyers focus their practices on personal injury cases. To help personal injury lawyers stay up-to-date on legal issues, they must complete a required number of continuing legal education (CLE) courses. To be certified as a specialist in personal injury, a lawyer must complete a specialty certification program accredited by the American Bar Association (ABA).
Lawyers who have completed a specialty certification program in personal injury are recognized as personal injury specialists.
There are a number of steps one can take before attending law school, during law school and after graduation in order to specialize in personal injury law:
- Research law schools to make sure that the American Bar Association has given the schools accreditation.
- While attending law school, acquire a clerk position at a law firm specializing in personal injury. Study personal injury cases that come into the firm. Develop relationships with personal injury lawyers that work at the firm. Learn about all of the types of injuries that can cause various types of medical conditions.
- When you have graduated and employed at a law firm, develop a good relationship with experienced and respected doctors so you have a list of quality medical expert witnesses.
Personal injury is one of the most profitable areas of the law. Since getting into law school can be very competitive, it is important to obtain the best education. Do your research to find the best bachelor's degree that will make you stand out from other applicants.
How likely am I to have to take a pre-employment drug test?
Okay... I'm not gonna lie, I smoke a little pot now and then, and I'm looking for my first job... they're mostly at places such as McDonalds, Walgreens, Food Lion, etc. The possibility for a drug screening has got me nervous... I did a little reading on Maryland State Law for this, and it all seemed so cryptic. I don't display any obvious signs of a pothead... so how likely would it be that I take one? Do they have to have a reasonable cause for suspicion?
If the company has a policy of pre-employment drug testing, yes, they can tell you that you have to take a drug test....if you want to get hired. If you don't want the job, you tell them no. They don't need reasonable cause to send you for the drug test because they test ALL new/potential hires and its perfectly legal, in fact, its widely practiced by many employers.
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President Barack Obama stands with Mexican President Felipe Calderon during the playing of the American National Anthem, on the South Lawn of the White House in Washington, Wednesday, May 19, 2010. President Calderon will be attending a state dinner at the White House with President Obama later in the evening. Roachenator talks: UnAmerican Jackass Obama sides with Mexico against US LAW?
Documents related to council investigation remain sealed
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Are Dysfunctional Managers a Necessary Part of the Business Cycle? Suggested Approaches to Address Dysfunctional Management
Introduction
They cannot manage their own lives, yet they may bully to manage yours. These are the dysfunctional managers. They are focused on managing, even micro-managing, the details, getting things done, accomplishing the strategic business plan and meeting the financial goals of the businesses that pay them, but not relating to the people they supervise. While the success of the business is an admirable goal, during that process dysfunctional managers tend to alienate employees and business partners and may lose their connection with their families.
Traits of the Dysfunctional Manager
Their personal backgrounds and experiences may have included separation or divorce, strained family relationships or alienation from children, smoking and or battling obesity or anorexia; yet, they have been successful in business. It is an interesting paradox that demands exploration. How can individuals who are not focused on the people they manage, the opposite of the servant leaders who preceded them, succeed in the 21st Century? The answer appears to lie in their business successes, the short-term financial and strategic results they can engender, often at the cost of employee or associate engagement, the watchword of the later 20th Century.
A 2007 study released by the San Francisco-based Employment Law Alliance, as reported by the Society for Human Resource Management in an HRMagazine May 1, 2007 article, “Study: Bully Bosses Prevalent in U.S.,” “found that bullying in U.S. workplaces is alive and well. And, in many cases, managers and supervisors are the bullies: Nearly 45 percent of the respondents reported that they have worked for an abusive boss.”
In a September 25, 2000 article by Sarah A. Klein in Crain’s Chicago Business, “Take that you big, bad corporate bully! More firms seek ways to tame uncivil bosses, workers,” reported that “in one national survey, 53% of workers who reported themselves the target of incivility said they lost time worrying about incidents at work, from receiving a nasty or demeaning note to enduring a supervisor’s temper tantrum. Almost half of the group in the University of North Carolina’s ‘Workplace Incivility Study’ said they contemplated changing jobs to avoid the offender, and 12% actually followed through.”
An earlier recognition of problems associated with dysfunctional managers was addressed in a November 1, 1991 American Management Association article “Coping with Dysfunctional Managers,” in “Supervisory Management.” That article early in the last decade began to recognize the dysfunctional managers as “adults who grew up in dysfunctional families” and learned special coping skills, not as those adults who became dysfunctional based upon their later life experiences. Yet that summary, citing an article by Francine S. Hall in the Summer 1991 issue of “Organizational Dynamics,” has some applicability today in its observation that, “frequently, says Hall, the organizational culture unwillingly contributes to a dysfunctional manager’s destructive behavior. If control, for instance, is valued within the company, the dysfunctional manger might fit all too well into the framework.”
In a June 10, 2008 op-ed piece for “Business Wire” by Stephen Xavier, CEO of Cornerstone Executive Development Group, “Micro-Managing CEOs Are a Danger Sign in This Economy,” Xavier observed “there are also micro-managers who will jump from one large company to another. Given his record at Home Depot, one would have thought that Bob Nardelli would have had trouble getting hired as CEO of any major corporation. Yet, this old-school authoritarian CEO has found a home as CEO at Chrysler which unsurprisingly has the same history of poor labor relations, shoddy products and eroding market share.”
In The Dumbest Moments in Business History: Useless Products, Ruinous Deals, Clueless Bosses and other Signs of Unintelligent Life in the Workplace, Adam Horowitz, editor, Portfolio, the Penguin Group, New York, 2004, relates the January 2003, statement of Goldman Sachs Group CEO Henry Paulson concerning the investment banking firm’s employee layoffs for which he apologized to employees by voicemail a week later. “I don’t want to sound heartless, but in almost every one of our businesses, there are 15 to 20 percent of the people that really add 80 percent of the value. Although we have a lot of good people, you can cut a fair amount and still be well positioned for the upturn.” (p.21)
Richard Farson in Management of the Absurd: Paradoxes in Leadership, Simon & Shuster, Inc., New York, 1996, wrote “many of us have the idea that as managers we can use our skills to shape our employees as if we were shaping clay, molding them into what we want them to become. But that isn’t the way it really works. It’s more as if our employees are piles of clay into which we fall—leaving an impression, all right, and that impression is distinctly us, but it may not be the impression we intended to leave.” (p. 41)
Although there has been a wealth of academic research on dysfunctional workplaces and the people who manage them, there has been a noticeable absence of material in the popular literature on the subject of dysfunctional managers. Some popular management books have addressed the “boss from hell,” such as Managing Your Boss, by Sandi Mann, Barron’s, 2001. In the section on “dealing with the boss from hell,” Sandi Mann characterizes bosses as bullies if they are continually abusive and arrogant, exploding angrily, constantly criticizing, belittling, ridiculing employees. Mann suggests that while such bosses, similar to impatient or stressed bosses, achieve their desired results, there are serious consequences to employees due to chronic workplace bullying including serious health problems for employees and lost time to the business.
A few books, such as When Smart People Work for Dumb Bosses, by William and Kathleen Lundin, McGraw-Hill, 1998, and Crazy Bosses, by Stanley Bing, HarperCollins Publishers, 2007, address the demoralizing short-sighted management decisions, thoughtless actions and rude behaviors of managers and the obnoxious and dangerous insanity of managers, respectively. The Lundins wrote, “Dysfunction can be the outcome of dumb (inept, misguided, insensitive, power-driven, unfeeling) leadership or dumb (tradition-bound, blind-sided, arrogant) organizational thinking.” (p. 117) They further wrote, “we predict more and more of what this paradigm example shows as organizations, out of competitive anxiety, dash toward ‘technological fixes’ without considering how the people who have to adapt to those ‘fixes’ need to be helped to do so.” (p. 117) Stanley Bing writes “bully management is perhaps the most difficult of all tasks for those who wish to survive in a world filled with the impressive variety of sick senior officers.” (Crazy Bosses, p. 75) He noted the inconsistent nature of the bully manager with “vast emotional swings depending on mood, often seemingly unrelated to external circumstances,” (p. 75) further noting that “management by terror has been a time-honored technique because it works.” (p. 76)
The Paradox Businesses Face with the Dysfunctional Manager
Many organizations adopted a family style culture during the latter part of the 20th Century. However, some quickly became dysfunctional family styled organizations, focused on a few functional details that yielded to the short-term success of the organization and its leaders rather than the engagement and empowerment of employees or associates. Communication, sensitivity and caring, which are at the heart of a fully functioning and competitive organization are hazy or lost in dysfunctional management styles. After relating many interviews with a variety of employees the Lundins observed “the most compelling observation is how people in power—from those who manage a small department to leaders of multinational corporations—believe they have the right to manipulate and play with the emotions of their employees.” (p. 173)
An example of the bully as a dysfunctional manager is one who appears in a temper at the employee’s office questioning the status of activity or demanding a status report when it was previously provided, but the manager did not take them time to save it or look for it. Or in the mean spirit of another example, demeaning an employee with years of published and very successful writing experience with the statement “you sometimes write as though English is your second language.”
The Dilbert cartoon strip by Scott Adams has popularly and perhaps now properly characterized the dysfunctional bullying boss. In The Dilbert Principle: A Cubicle’s-Eye View of Bosses, Meetings, Management Fads & Other Workplace Afflictions, HarperBusiness, HarperCollins Publishers, New York, 1996, Adams described the change in the management selection process from the Peter Principle of workers being promoted to bosses beyond their levels of competence to the Dilbert Principle of the most ineffective workers being “systematically moved to the place where they can do the least damage: management.” (p. 14)
In The Dilbert Principle Scott Adams shares an email submission that is similar to the statement of the Goldman Sachs Group CEO previously identified in The Dumbest Moments in Business History.
“A newly appointed VP of my company, in an interview printed in the internal company news rag, made the following comment when asked whether existing employees would be relocated if the company won an upcoming contract, or if the company would instead hire local people:
‘Engineers are basically a commodity. It doesn’t make economic sense for the company to pay for moves when we can buy the same commodity on site.’
Naturally, this disturbed some individuals in the workforce and a number of them showed up at an all-hands meeting held by this VP a few days later and sat in the front row plastered with signs labeling themselves as ‘Bananas,’ ‘Pork Bellies,’ etc.” (pp. 295, 296)
Yet, these dysfunctional managers are frequently successful, in a financial sense both as individuals and for their organizations. In the Human Resource Management article describing the 2007 study by Employment Law Alliance, its CEO Stephen J. Hirschfeld was quoted, that “changing the behavior of workplace bullies could be problematic for employers, Hirschfeld concedes, because workplace bullies can be high performers. Aggressive or ‘type A’ behaviors tend to be rewarded in the workplace, but Hirschfeld contends that employers need to draw the line and make sure aggressive workers don’t become abusive managers.” A Wall Street Journal article viewing the recruitment of chief executive officers observed that the characteristics of recent CEO hires have been focused on specific financial talents, details and successes rather than on the broader team leader or coach models of the past. A September 1, 1996 article on “Making it, CEO style,” in “Executive Female by D. A. Benton stated that among five personality traits of chief executive officers ”“the higher you go, the more exposure to the big picture you have, the more you might think being detail-oriented is unnecessary. Wrong. It’s just the opposite. According to near-perfect chefs, the higher you go, the more critical it is to be aware of details.”
In Management, a Revised Edition by Peter F. Drucker with Joseph A. Maciariello, HarperCollins Publishers, 1973, 1974, in the introduction to management and managers, Drucker observes “there is tremendous stress these days on liking people, helping people, getting along with people, as qualifications for a manager. These alone are never enough. In every successful organization there are bosses who do not like people, who do not help them, and who do not get along with them. Cold, unpleasant, demanding, they often teach and develop more people than anyone else. They command more respect that the most likable person ever could. They demand exacting workmanship of themselves and other people. They set high standards and expect that they will be lived up to. They consider only what is right and never who is right. And though often themselves persons of brilliance, they never rate intellectual brilliance above integrity in others. The manger who lacks these qualities of character—no matter how likable, helpful, or amiable, no matter, even, how competent or brilliant--is a menace who is unfit to be a manager.” (p. 10) Drucker concludes, “Organizations are far from perfect. As every manger knows, they are very difficult; full of frustration, tension, and friction; clumsy and unwieldy. But they are the only tools we have to accomplish such social purposes as economic production and distribution, health care, governance, and education. And there is not the slightest reason to expect society to be willing to do without these services that only performing organizations can provide. Indeed, there is every reason to expect society to demand more performance from all its institutions, and to become more dependent upon their performance. And it is the managers who make institutions perform.” (p. 526)
Reforming or Reassigning the Dysfunctional Manager
Returning to the American Management Association’s article, “Coping with Dysfunctional Managers,” cited earlier in this article, efforts a decade and a half ago to solve problems related to the behaviors of dysfunctional managers were in their infancy. That article stated that in solving the problem, “often supervisors of dysfunctional managers mistake behavior problems for management skills problems. But for the true dysfunctional manager, attending seminars on improving management will have only short-term success. Once a manager has accepted the fact that he or she is dysfunctional, Hall advises, a recovery program should be sought. As for organizations, how companies both recognize the problem and effect solutions will be one of the most difficult challenges for managements in the next decade.”
One method to identify the dysfunctional manager to senior management is to allow the manager to demonstrate dysfunctional incompetence in the forum it most frequently appears. For example, if it occurs in meetings find an appropriate opportunity to invite the dysfunctional manager’s supervisor to a meeting or if it occurs in written or verbal communications seek witnesses. This may, however, be a long-term effort that may not have a desirable short-term result. Another approach may be to identify documented problems seeking solutions from appropriate sources. Still another approach may be to a peer or three level review.
Rather than providing seminars and additional training for dysfunctional managers, the solution may include intensive efforts to identify dysfunctional managers and provide coaching or reassignment when those follow-ups are needed. One-on-one coaching, engaging a mentor relationship or even peer networking groups with other managers focused on identifying issues adversely impacting the dysfunctional manager’s style may lead to behavior modification techniques.
If the Problem is Not Addressed: Potential for Legislation
Some articles, such as the 2007 Human Resource Management summary of the Employment Law Alliance study on bullying in the workplace, suggest that a growing awareness of the problem could result in the potential for legislation if employers fail to remedy the situation. That article reported, “There are proposals in about a dozen states for some form of workplace bullying legislation.” It also referenced “a recent anti-bullying law enacted in the Canadian province of Quebec that gives workers the right to file suit against their employers and to recover damages for ‘any vexatious behavior that affects an employee’s dignity or their psychological or physical integrity.”
Conclusion
The inevitable conclusion, however, is that the cycle of the dysfunctional non-abusive manager may be the right type of manager for the current competitive business environment, facing cost-cutting efficiency, financial challenges and economic declines domestically and internationally. Since dysfunctional managers may have difficulty self-identifying their need to transition their management style, organizations must be prepared to assist them in that transition through coaching and mentor or peer networking opportunities. If the dysfunctional manager cannot to adapt hardened characteristics to the amiable and servant leader model of management, reassignment or termination may be the course an organization should consider.
There is hope, however, that in the foreseeable future effective managers with the hardened characteristics of the qualified manager that Drucker proposed, and who remain for the longer term, can adapt those characteristics to the amiable and servant leader model. That combined model appears to have staying power that will bring longer-term success to the organization and the relationship with its employees or associates.
About the Author
Early retirement following 30.5 years with Nationwide insurance and financial services as AVP Corporate Governance and Secretary/Assistant Secretary in the Office of General Counsel, Officer of Customer Relations, Director of Government Relations, National Staff Claims Counsel and National Commercial Accounts Claims Attorney. Earlier experience with law firm and community access television. Service on many non-profit boards as member and chair. Attorney, SCORE Counselor and managing member of Advocate for the Customer, LLC, a consulting firm.
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The Best Team Of Lawyer In Australia Is With Macdonnell Lawyers
Members of the MacDonnell's Law Wills and Estates lawyer team act in the administration of deceased estates in accordance with the deceased's will. This may involve obtaining probate where it is required and transferring property, shares and other assets to beneficiaries.
The MacDonnell's Law Wills and Estates lawyer team is also experienced in complex estate dispute matters, including when the deceased person died intestate.
Ms. MacDonnell is a frequent speaker on employment tax matters for Littler, California and American Bar Association meetings, as well as professional and industry educational forums.
We understand that having to contact a foreign lawyer with a legal issue in a foreign country can be a daunting experience for some and we seek to ensure that your experience is made as pleasant as possible. More importantly, we will provide you with the necessary information to allow you to make sound decisions under Australian law. Our free initial consultation policy applies to all international enquiries. Our fees are competitive and where possible, we will provide you with a fixed cost quotation.
Given the very private, personal and financial nature of issues involving family law, choosing the right family lawyer for your needs is important. In family law, confidentiality and trust are vital. You are entitled to have your lawyer (solicitor) listen carefully to the issues as you see them, provide objective legal advice, and ensure your legal needs are met.
The Family Law team has expertise in all areas of family law and they take pride in providing prompt and reliable legal services to all clients, helping to reduce the stress in these difficult times.
MacDonnell's Law has offices in Brisbane, Cairns and Townsville and is one of Queensland's largest independent law firms. It is a full service legal firm with specialist lawyers practicing in specific areas of law. It has a long history as a respected institution and celebrates its 126th Anniversary in 2010. MacDonnell's Law is also a member of the international alliance of commercial law firms, Meritas. Meritas operates on alliances between firms in more than 60 countries working across jurisdictions to provide clients the best of both worlds: a local legal partner with full service capabilities and the cost efficiency and personal attention unmatched by mega law firms. Each member law firm is required to adhere to rigorous and specific service standards.
The Bill will impact the 2010 valuations and therefore the changes to the definition of the "unimproved value" of land will apply to this round. However, the Government has committed to reviewing the state valuation system prior to the 2011 round of valuations, at which point a simpler method of "site valuations" will be introduced (except for property in rural areas).
About the Author
MacDonnell's Law – MacDonnell's Law is a state-wide law firm with offices in Brisbane, Cairns and Townsville. Want lawyers that know every little bit about Queensland? We offer clients legal services like Family Law, employment law, wills and estate lawyers etc.
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What are the options that I can do in order to avoid being banned & going back to my home country?
I am working as a Sales Executive here in dubai & I just got my employment visa a couple of months back not even six months... Now my employer is terminating me due to very low sales output. I've read from some law articles that once my visa is cancelled, a six months ban will automatically be imposed. Is there any means to waive or cancell this ban? would an employment in a FREE Zone save me? or Is there anyhing that could possibly lift this before it's implemented? - Does the UAE Immigration has any exemptions for my case? Hope you could help me, atleast answer some of my questions coz I'm really helpless right now & I dont want to go back home. - Thanks & regards to All!
For this questions better you consult with the lawyer in you embassy there in Dubai. Different nationalities have different procedures.
You could ask what are the conditions to have the ban waived. If there is a chance it could depend on your current employer.
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Redundancy: The only solution for your organisation's financial crisis?
Some reports suggest that the downtrodden economic climate is embarking on a new horizon, the future is looking brighter than it has been for UK businesses, however the immediate prospects are challenging.
In this context where businesses are struggling to justify expenditure on their balance sheets, they may look at the staffing budget as an opportunity to reduce costs. The wrong way to go about this would involve crudely identifying inefficient employees and arranging their dismissal, as the negative consequences of doing so are more than likely to outweigh the benefits, if any.
Where employers do take this route, they should not be surprised to discover within three months, an employment tribunal claim form ET1 landing on their desk with a limited time specified for replying on the claim response form ET3.
How can UK businesses avoid this? The answer is that before moving forward with redundancy, you need to establish that there is a business case which justifies this course of action.
Have you considered reducing your recruitment, decreasing overtime, introducing flexible working which is mutually beneficial, transferring staff to different areas of the business, considering the scope for voluntary wage reductions or perhaps voluntary redundancy. If none of these options are available only then should you consider redundancy, however you should also canvass the opinions of staff before moving forward.
The process and consultation can be straightforward, however if the matter is rushed or dealt with in a haphazard fashion, that ET1 may be lingering around the corner.
The business case and its development lies in your hands.
About the Author
Montclare is a specialist employment tribunal advocate and senior redundancy consultant. He deals with the full range of employment law matters bringing and defending claims on behalf of his employee and employer clients. He also manages redundancy programmes for businesses.
He graduated with a first class honours degree in law, qualified as a solicitor (former) and has completed Stages 1 and 2 of the Higher Rights of Audience Solicitors Regulation advocacy qualifications, being recognised as a competent advocate by the Bar Council.
Montclare is available to represent his clients in relation to arranging settlements, preparing claims and defence cases, inclusive of completing claim form ET1 and claim response form ET3, settling proceedings, and advocacy for the full range of Employment Law matters.
Montclare is available UK wide for instruction from employers, solicitors, barristers, employment law consultants and HR departments.
Qualifications
LL.B (Hons) Law - First Class Graduate Top 1%
Higher Rights of Audience Advocacy Stages 1 and 2 - Competent Solicitors Regulation Authority
Postgraduate Diploma in Legal Practice, BPP Law School
Qualified Solicitor (Former)
The views in this article do not constitute legal advice and the author accepts no liability for any reader's reliance on the same. For assistance or advice on any matter employers are advised to contact the writer directly. Thank you for reading.
