Homework Week 2 |
HRM 320 Employment Law |
Elizabeth Larson |
1. What do you think are some of the factors in the modern workplace that contribute to a theft of time? How can those factors be managed?
The development of newer technologies within the workplace has transformed work arrangements and habits. There are many examples of theft of time including sleeping on the job, taking a longer lunch, and even taking care of personal responsibilities during work hours. “Time theft costs employers more than $400 billion per year in lost productivity” (Donskey). One of the biggest factors in theft of time is the internet. Employees have easy access to the ...view middle of the document...
There are statues put into place that protect whistleblowers from retaliation from the employers they expose. When an employee does file a complaint on their employer, “Section 11© of the OSH Act prohibits employers from discriminating against their employees for exercising their rights under the OSH Act” (Whistleblower Protection Program). While federal agencies are monitored and respond to employee complaints, OSHA does not fine these agencies. Furthermore, state and local government employees are not covered by Federal OSHA but do have OSH Act protections, only if they work in a state that has an OSHA approved state program.
An example of a whistleblower is Edward Snowden. One of the most recent and well-known whistleblower cases, in June 2013 he leaked classified information from the National Security Agency (NSA) into the mainstream media. The U.S. department of Justice even charged him with two counts of violating the Espionage Act and theft of government property-punishable by up to 30 years in prison (Herszenhorn). Snowden is currently residing in Europe seeking asylum in various European countries.
3. "Retaliation" has become one of the most often cited reasons for employees filing charges with the EEOC against their employers. Please define "retaliation" in the legal, employment sense - and explain when it is illegal. What can an employee do when they feel they have been retaliated against and for what reasons does retaliation rise to the level of an EEOC lawsuit?
Retaliation or to retaliate, is defined as, “to do something bad to someone who has hurt you or treated you badly. To get revenge against someone” ("Retaliate"). In this case, it would be if an employee were a whistleblower against their company and if the company were to terminate said employee after finding out they are the whistleblower-this would be a form of retaliation. There are federal laws put into place to protect employees from any retaliation. When an employee files a charge, the employee is protected by law from any retaliation whether the charges are proven to be true or false. This is to preserve and protect the rights of the employee.
When an employee feels they are being retaliated against, the employee must file a claim with the EEOC which would be followed by an investigation. Once the investigation is complete, EEOC will do one of two things. 1. If a violation is not found, they will issue the employee with a Notice-of-Right-to-Sue. This is a notice that gives the employee permission to file a lawsuit against the employer in the court of law. 2. If a violation is found the EEOC will attempt to negotiate a settlement with the employee. If unsuccessful, the case is then issued to legal staff or to the Department of Justice (in certain cases) who will decide if a lawsuit should be filed. If a decision is made to not file a lawsuit, the EEOC issues a Notice-of-Right-to-Sue (The Charge Handling Process).
4. During the course of a day,...