Business and Employment Law

Business and Employment Law
Introduction
Employee-employer associations serve as an important part of the management of an organization. The relationship of an employer and his or her employee determines the efficiency of the employees, the work output of the organization and the success of the company. Every working environment, however, presents a number of challenges to the employee and the employer. As the employer seeks to provide the suitable system of management, the employee might reject the system, as it might hinder them from the things that they have been used to do. The antagonism between employers and their employees act as the basis for the documentation and enactment of the employment laws. This research paper looks at a case study of a similar problem between the management system of an organization and the employees.
Employment relationship issues follow a given procedure in a bid to determine the facts that are responsible for the occurrence of the problem. Additionally, the process helps the stakeholders to identify the best solution to the problem and to find the best way of avoiding the same incident from happening. In the case of Raj, Sarah, who has been appointed as an office manager and relations over exercised her authority in ensuring that the mistakes in the working environment are avoided. As part of the management of the company, Sarah had all the rights to amend laws that govern the employees, but these laws are to give an allowance to the employees that she manages. The employee has the right to be involved in the policy making of the company. The policy, however, was non-considerate of the situations that the employees could be involved.
In creating a good working environment between the employers and the employees, there are occurrences of misconducts that the employee may have towards the tasks that he or she has been given. The organization management body has the responsibility of determining the best method through which the misconduct can be dealt with and avoided in the future. With the disciplinary committee and the human resource department, the employees who are responsible for the mistakes in the organization are punished as per the mistake they have committed. A warning is first given to communicate to the employee that as per the policy of the organization he or she is not to take part in the same offense. A second warning and third may be to ensure that the warning given in the first time was heeded. If the employee does not follow these rules then he or she is fired.
Employee-employer relations have taken many forms in definition and application of policies in the management of an organization. According to Altman (2002), harassment in the working group is unnecessary conduct related to a relevant protected characteristic, which has the aim of violating an individual’s self-respect or creating a degrading situation. In the many forms, that harassment exists in organizations, Chalofsky (2003) concludes that bullying is frequent in many companies. He further provides the definition of bullying as an offensive, or intimidating behavior, and misuse of power through ways that undermine the victim in a working environment. Bullying has had profound effects in the management of companies and has resulted in poor working conditions of the employees and demoralization.
According to Fuller (2004), employee relations and participation of the employees in the business environments and the management system determines their efficiency in the company. All policies made within the company are to consider the stakeholders in the company. The stakeholders in an organization consist of the employee and the employer. Under the employment regulations, very many unethical conducts that are ignored in the current workplaces are discouraged. Wrongful termination of employees for standing for what they, as employees are entitled to access or receive in the work environment is considered one of the unethical conducts. Fuller (2004) suggests that, wrongful termination can be defined as, an action that employers or the control system of an organization takes to control the occurrence of misconduct or disturbance within an organization by initiating fear in the employees.
According to Sweeney (2004), wrongful termination is a process applied by an organization in determining the loyalty of its employees. The termination of an employee is to regain the loyalty and commitment of employees to the company. However, the termination process instead of having a positive influence on the employees, it encourages fear and loss of trust in the management of the company. Under the employment regulations and laws Sweeney (2004), the employee has the right to explain the circumstances in which the action that led to his or her misconduct before the management decides on whether to fire him or not. If found guilty of the errors that are stipulated by the company’s by-laws, then he or she is given a warning against the offense committed.
Under the Equal Employment Opportunity Commission (EEOC), Sweeney (2004) describes the steps that an employee who considers his or her termination as wrongful act or harassment of his or her rights. An administrative charge as Altman (2002) describes is the preceding step that an employee can take before filing a lawsuit. Once the administrative charge has been filed, his employer or the management will be given notice of the charges that an employee has filed. Under the business, the necessary steps to determine the cause of the termination, the reasons that were considered before the termination of the employee, and the action that was taken towards the employee. Depending on the company’s rules, an employee can get two chances to prove that he or she will not repeat the same mistakes before the management terminates him or her. After the agency has determined that the termination was not valid then a legal solution is advised to be the best way of seeking justice for the victim. However, Raj has the best of exercising his employment and labor rights and suing the company for the wrongful termination with no chance of correcting the mistake that he or she has committed.
Raj has the right to follow up with the company’s management to know the basis for his termination. Despite the use of foul language as stated by the Managing director who decides on terminating him from the company, Raj has the right of knowing why the management reached the decision of terminating him. Additionally, termination in any company provides for an employee an opportunity to make appeals before the final decision is made. However, Raj was not given a chance he still has an opportunity of justifying that his conduct is only solved by his termination from the company. Therefore, Raj has the option of suing the company for wrongful discharge and violation of employee’s rights. With the help of a solicitor, he can determine the outcome of the lawsuit and weigh if he will go through with a lawsuit or not.
Dennis, on the other hand, is an employee who was fired from his job for caring about the issues of other employees. Diamond & Allcorn (2006) define employee relation as the interconnection that employees create with their employers and individuals within their working environments. It is the responsibility of the employees to take up issues to their employers of cases of harassment or unethical practices. The channel of reporting issues is definite, and their institution is to maintain a good working relationship that the employee creates with his or her employees. Therefore, in the report of such an incidence it becomes the accountability of the manager to take the necessary steps to realize what might be the cause of the problem and find a solution to rectifying the mistake. Chalofsky (2003) asserts that, management systems have the obligation of maintaining the welfare of their employees. It is their duty to make sure that there exist no incidences of harassment or insubordination among the employees.
Dennis had a concern about the way Sarah was treating employees and the poor method of management that she was using. However, Sarah as the office manager was not pleased with the concerns of Dennis. Harassment in the working environments and organizations takes various forms. Some negligible mistakes that employers commit towards dealing with their employees might lead to heavy losses if legal action is taken against them. Harsh working conditions imposed on the employees is considered as one of the demoralizing factors to output and efficiency. According to Diamond and Allcorn (2006), the efficiency of employees is determined by their perception and the relationship that they have with their management. As a motivation factor, the relationship of an employee and his or her employer reflects the quality of work that an employee gives. However, harsh working conditions demoralize the employees output.
In the case of harassment, in the place of work, the victim is to take the matter to a labor agency. With the help and support of the business, the action taken on the employee will be investigated to determine if it was just for the employee to be terminated from his or her work. Since Dennis was just acting according to his concern for fellow employees in the department, he should contact a solicitor who is to guide him on the necessary steps to take in following up with the case. If wrongfully discharged from his work, then under the employment rights the company and the management of his business can be sued. However, it is with the advice of the solicitor that Dennis will get to know if by suing the company if he will be the one, to compensate the organization or the organization will compensate him for wrongfully discharging him from his work.
Furthermore, the company’s Managing director has defamed Dennis among his colleagues by sending other workers that Dennis has a problem with the office manager, Sarah. Defamation, a criminal offense as stipulated by the law, provides Dennis an opportunity to file for a lawsuit against the managing director. Bureau of Labor Statistics (2005) describes defamation as, tarnishing of an individual’s name and respect among his or her peers. Additionally, defamation is thought incite a negative perspective of the person in the presence of others. Nonetheless, defamation cases are to accompany the evidence that the victim’s reputation was ruined by the accused and that the defamation is true as supported by witnesses. The lawsuit for defamation and wrongful discharge from work will both have a good impact in the employment history of Dennis. Therefore, he should sue the company for ignoring the employment policies and for wrongfully discharging him on grounds of raising a concern about a fellow employee. Additionally, he should sue the Managing director for defaming him among his fellow employees.
Conclusion
Employment relations require legal and social agreements to be made between the employer and the employees. Determined by the organizational policies, state labor regulations, and employee rights, the employers and the management of companies have the right of determining the best conditions that the employees are to work. The employers have the obligation of caring for their employees. If the trust and confidence between the employer and the employee are broken, the employee has the right of filing a complaint about the breach of his or her rights. However, the right of employees in the workplace does not condone misconduct from the employee towards the company or their managers. In the case of misconduct, labor laws give the management of companies the right to take necessary actions towards the employee. Before the final decision is made of termination of an employee, the management body and the human relations department have to agree on the decision as the best solution of administering punishment to the employees.

References
Altman, M. (2002). Economic theory and the challenge of innovative work practices. Economic and Industrial Democracy , 23 (2), 271-290.
Bureau of Labor Statistics. ( (2005)). Retrieved April 28, 2014, from US Dept of Labor.: http://stats.bls.gov/news.release/union2.nr0.htm
Chalofsky, N. (2003). An emerging construct for meaningful work. Human Resource Development International , 6 (1), 69-83.
Diamond, M., & Allcorn, S. (2006). Surfacing Perversions of Democracy in the Workplace: A contemporary Psychoanalytic Project. Psychoanalysis, Culture & Society , 54-73.
Fuller, R. W. (2004). Somebodies and Nobodies: Overcoming the Abuse of Rank. New Jersey: New Society Publishers.
Sweeney, J. (2004). Can we be a democracy if democracy ends at the workplace door? New Political Science , 26 (1), 99-104.