This paper discusses employment rights and examines the concept of the at-will contract.
Argumentative Essay # 99170 |
1,313 words (
approx. 5.3 pages ) |
3 sources |
MLA | 2007
|
$ 26.95
More information
|
Add to cart
Abstract
In this article, the writer looks at Richard Epstein's defence of the at-will contract. The writer maintains that Epstein is a tactician in terms of his presentation and argumentation but in terms of substance he relies almost completely on smoke and mirrors to support a virtually unsupportable position. The writer argues that at-will employment environments offer very little real incentive for employees to vest fully in their positions because underwriting their entire existence in the at-will workplace, is the implicit threat of sudden job loss. The writer points out that, what first seems brilliant in Epstein's position on at-will contracts, being roughly equitable to the freedom of speech, at his conclusion, suddenly seems shallow and superficial. The writer then notes that for their part, Patricia Werhane and Tara Radin remain if not brilliant then consistent and empathetic to the employer who, in private companies, is subject to sudden job loss without due process and little recourse. They recognize that, irrespective of what Epstein would have the reader believe, at-will contracts are meaningless constructs that do nothing but free employers from any moral or ethical consideration of the employee.
From the Paper
"However, the at-will contract is a sort of contract in negative where the only obligation is for the employee to show up to work every day at risk of job loss and the long-term negative effect that job loss will have on the employee's successive career. For the employer, there is no substantial financial threat, generally speaking, should an employee leave and certainly the employer does not risk long-term negative consequences due to an employee's departure. The employer merely hires another employee to fulfil that functional role within the company. The employee, on the other had, is often under economic constraints that make such a job loss or employment change catastrophic. At-will contracts are contracts in name only with the only benefit being the employer who is under no obligation to continue to provide employment from one minute to the next. In fact, for Epstein, his argument concludes on a blame the victim note where although some abuse of at-will contracts may exist, it does nothing to undermine the overall perfection of the system .. "
Tags:job, employer, obligations, employment
An analysis of Epstein's defense of the at-will contract.
Analytical Essay # 129245 |
1,500 words (
approx. 6 pages ) |
0 sources |
MLA |
|
$ 29.95
More information
|
Add to cart
Abstract
This paper analyzes Epstein's defense of the at-will contract and explains why his strategy for this defense is both effective and insightful.
From the Paper
"At the outset of Epstein's defence of the at-will contract he attempts to equate the mundane with the esoteric. In so doing he disingenuously removes the at-will contract from criticisms that might normally be levelled against it. Such a strategy is both effective and insightful because the inverse of this approach is the tacit admission that without relying on such a ploy, the at-will contract could be easily shown for what it is which is a complete disavowal of any social contract or similar responsibility on the part of employers. Epstein's ploy is stated at the outset upon which the remainder of his work is based. He equates the mere existence of at-will contracts with..."
Tags:philosophy, employment, rights
An argumentative essay regarding the controversial topic of gay rights.
Argumentative Essay # 94502 |
1,377 words (
approx. 5.5 pages ) |
3 sources |
MLA | 2006
|
$ 27.95
More information
|
Add to cart
Abstract
This paper argues that gay and lesbian people are entitled to the same rights and protections as all Americans, including the right to marry, and protection from discrimination in employment. This paper maintains that by demanding the right to marry and protection from discrimination in employment, gay people are not demanding "special rights."
Outline:
Discrimination in Employment
Right to Marry
Equal Rights
Sentence Outline
From the Paper
"Others argue that married couples are the foundation of social order. Married couple unions ensure that generations reproduce, and that the human race continues. By strengthening families, the legal recognition and protection of heterosexual unions therefore benefit the good of society (Gehrke). Because homosexual unions do not facilitate procreation, there is no concept of a social good. The argument of strengthening families therefore does not apply for same-sex couples."
"These reasons, however, fail to stand up under analysis. For example, the claim that raising children without strong male and female role models can also be levied against single parents. Further arguments that gay marriages do not contribute to the greater good are debatable, based largely on faith-based belief rather than empirical research."
Tags:homosexual, religion, society, legislation, legal, social, Mormon, church, employees
A discussion about whether employers should have the right to look into their employees' private lives.
Essay # 46906 |
2,014 words (
approx. 8.1 pages ) |
4 sources |
MLA | 2004
|
$ 38.95
More information
|
New! Look inside the paper
|
Add to cart
Abstract
This paper shows that, while employers have some very valid reasons for checking into the backgrounds and private lives of employees, there is a point where employers just get nosy. It is these kinds of inquisitions that most people object to. This paper hypothesizes that most employees or prospective employees will not object to having basic information about them checked out, but employers that actively spy on their employees during their off hours go too far.
From the Paper
"It was with this concern in mind that many employers began to take more of an interest in their employees' private lives. It was not so much an interest in them as people, but rather an interest in whether they were going to cause problems for the company at some later date because they had some habit or hang-up that many people would find morally objectionable. The interest in what employees did during their time away from the company became a subject of concern simply because employers became worried about getting into problems by being associated with a certain kind of person."
Tags:spy, privacy
An examination of the rights of both employers and employees, according to federal guidelines and laws.
Essay # 68277 |
1,424 words (
approx. 5.7 pages ) |
5 sources |
MLA | 2006
|
$ 28.95
More information
|
New! Look inside the paper
|
Add to cart
Abstract
This paper details the crucial role of the Department of Labor in overseeing the rights of the nearly 125 million employees in America. The Department of Labor currently manages in excess of 180 federal laws. It also explores various laws and regulations, which were implemented by the U.S. government to protect both employers and employees such as the Fair Labor Standards Act (FLSA), which imposes standards for wages and overtime pay. This paper also delves into the laws that protect employees against various forms of discrimination including those related to age or physical handicap.
Outline:
Fair Labor Standards Act (FLSA)
Wages and Hours
Workplace Safety and Health
Workers Compensation
Civil Rights Act, 1991
Age Discrimination in Employment Act (ADEA)
Employment Verification System
Equal Employment Opportunity Commission (EEOC)
Instance of Employment Protection Provided in the State System but Not by the Federal System
From the Paper
"The Department of Labor is empowered to recover back wages, either through administrative action or by way of Court action, in case of employees who have been paid less in infringement of the law. Infringement might attract either civil or criminal action. Penalty up to $11,000 per instance of infringement might be assessed against employers who infringe upon the child labor provisions of the law and up to $1,000 per infringement against employers who intentionally or frequently infringe upon the minimum wage or overtime provisions of pay. This law bans discriminating against or discharging workers who report a complaint or take part in any proceedings under the provisions of the Act."
Tags:labor, rights, discrimination, age, disability, government, compensation
An exploration of how title VII of the the Civil Rights Act affects employment in the United States.
Term Paper # 124847 |
1,000 words (
approx. 4 pages ) |
6 sources |
APA | 2008
|
$ 21.95
More information
|
Add to cart
Abstract
This paper examines title VII of the the Civil Rights Act as amended and specifically, how the law affects employment in the United States, particularly as it relates to amendments involving pregnancy disability, age discrimination and the Americans with disabilities act. This paper examines policies that companies should have in place to avoid violations of this federal law, as well as an explanation about how the law defines sexual harassment and the employer's responsibilities for addressing complaints relating to discrimination and harassment in the workplace.
From the Paper
"According to an article written by Richard Dooling and published in National Review, Title VII of the Civil Rights Act of ... began as a statute requiring employers to make decisions about the terms and conditions of employment without regard to race, color, religion, sex or national origin. It also is unlawful under the Act for an employer to take retaliatory action against any individual for opposing employment practices made unlawful by Title VII or for filing a discrimination charge or for testifying or..."
Tags:Title VII of the Civil Rights Act, evolution, amendments, pregnancy disability, Americans with disability, age or nation, disparate treatment, disparate impact, policies, employers responsibilities in the workplace
A sociological timeline of the civil rights movements of the 20th century.
Research Paper # 70436 |
6,900 words (
approx. 27.6 pages ) |
2 sources |
APA | 2003
|
$ 93.95
More information
|
Add to cart
Abstract
This paper presents a sociological timeline of the twentieth century that focuses on women's rights, civil rights, and the gay rights movements. The paper discusses the societal issues that motivated, paralleled and accompanied these movements, which include discrimination, segregation, welfare, employment conflicts, unionization, the Depression and government response, and equal opportunity.
From the Paper
"The formation of this group by Mary Dreier Rheta Childe Dorr and Leonora O'Reilly represented a grass roots movement by middle and working-class women devoted to unionization a..."
Tags:discrimination, gay rights, women's rights, African Americans, homosexuals, politics, employment, suffrage, military, legislation
A discussion about the mutual influence of French and English law with regard to discrimination in employment in the French legislation.
Analytical Essay # 111990 |
4,160 words (
approx. 16.6 pages ) |
2 sources |
MLA | 2008
|
$ 66.95
More information
|
Add to cart
Abstract
This paper presents a general survey of the French legislation with regard to discrimination in employment. The paper emphasizes that nowadays international and European laws clearly influence French law in a general way and explains that the study, therefore, make many references to international and European provisions.
Outline:
The French Legislation: Positive Evolution and Drawbacks.
Article L.125-45 of the Labor Code and the Progressive Widening of its Scope
The Prohibited Criteria of Differentiation
The Restrictive View of the Different Lists of Prohibited Criteria in French Law And Its Incompatibility With International Law
Lawful Use Of Prohibited Criteria In Some Exceptional Circumstances
The Sanctions Of A Discriminatory Act
Mutual Influence Of French And English Law
The Development Of Indirect Discrimination in French Law: Influence Of English Law Through EU Law
The HALDE And The New UK Equality And Human Rights Commission: Two Organisations With The Same Objective, I.E. Promoting Equality.
Examples Of The HALDE's Decisions
The New Equality and Human Rights Commission Existing In The UK, A Brief Reminder
Britain: From a Multiplicity Of Provisions Specific to Each Kind Of Discrimination Towards a Unique French Style Provision?
From the Paper
"First, the list of discriminatory criteria contained in Article 26 of the International Covenant on Civil and Political Rights of the 16th of December 1966 is non restrictive. This text is a worldwide treaty whose authority is superior to that of French law. Similarly, the list included in Article 81 of the European Charter of Fundamental Rights, annexed to the Nice Treaty, is non restrictive, and despite the rejection of the Treaty Establishing a Constitution for Europe, this Charter may well one day become binding in EU law."
Tags:different, commissions, equality, sexual, orientation, religion, belief, human, rights
A review of the Constitutional rights of public employees.
Term Paper # 141271 |
1,250 words (
approx. 5 pages ) |
4 sources |
APA |
|
$ 25.95
More information
|
Add to cart
Abstract
This project discusses the topic of public employees and their Constitutional rights. The specific nature of their employment contracts is examined as it relates to the popular private sector contract-at-will employment contract. The paper discusses how while Constitutional rights have been granted to both public and private sector employees, the government has been implementing a series of personnel shifts that has been slowly changing the character of the public employee workforce to resemble somewhat that of the private sector with respect to private contracting.
From the Paper
"This project discusses the topic of public employees and their Constitutional rights. The specific nature of their employment contracts is examined as it relates to the popular private sector contract-at-will employment contract. While Constitutional rights have been granted to both public and private sector employees, the government has been implementing a series of personnel shifts that has been slowly changing the character of the public employee workforce to resemble somewhat that of the private sector with respect to private contracting."
Tags:constitutional, rights, employees
This paper discusses the Civil Rights Act of 1964 and its effects on the civil rights movement and American history.
Essay # 50309 |
1,855 words (
approx. 7.4 pages ) |
6 sources |
MLA | 2004
|
$ 35.95
More information
|
New! Look inside the paper
|
Add to cart
Abstract
This paper explains that the theory behind the Civil Rights Act of 1964 and all the following civil rights legislation was simply to assist people in their attempt at upward mobility. The author points out that, without the judicial system to enforce the legislation of change, the legislation becomes worth no more than the parchment upon which it is written. The paper relates that the Equal Opportunity Employment Act protects women from discrimination upon the basis of their family status.
From the Paper
"The first court case that began the chain of events that created these laws was the 1896 case of Plessy v. Ferguson, which established a legal precedence for the inclusion of racial segregation in public train cars. This single case began an already spirited legal climb toward a group of laws defining segregation that would later be known as Jim Crow Laws, named for a black face vaudevillian actor who was a popular racial stereotype in the late 1800s. With this initial establishment of legally enforceable segregation laws, the country was swept with laws governing everything from public schools to movie theaters and cafes."
Tags:segregation, employment, plessy, judicial, fourteenth