Factual Summary
As per the transcript, Coleman works for Software Inc., a Delaware based corporation that sells security equipment to businesses and bars. Coleman’s duties include traveling to prospective clients and meeting with representatives of the businesses in their sales division.
During a sales trip to Smalltown, Colorado in March 2008, Coleman wanted to buy an anniversary present for his wife. Coleman went to the mall to buy the present. While at the mall, Coleman saw a ring that he really liked but could not afford. He decided to steal it.
He then went to Jimmy’s Poor-Man’s Bar to meet with a client, John. Jimmy’s wasn’t a client of Coleman’s, but John didn’t like his customers to see him “doing business.” Coleman was
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• Root out problem employees immediately.
In addition, there needs to be disciplinary, grievance, or termination proceedings that are followed regardless of what misconduct the employee is involved in. Monthly or quarterly job reviews would also benefit HR in keeping track of an employee’s performance and progress. Although sometimes costly, regular appropriate training and awareness campaigns would be beneficial in keeping the employees informed about company policies and the law as it applies to the workplace. Lastly, sales employees should not be on the road alone for longer than two week at a time. Having the employee check in at least every two weeks to give a progress report but also to be home and spend time with family goes a long way in raising an employee’s morale.
Analysis/Conclusion
1. In many cases, employee handbooks do constitute valid employment contracts, especially if the handbook guarantees a particular salary, a minimum period of employment, regular job evaluations, or disciplinary, grievance, or termination proceedings. In such instances, it is difficult to terminate an employee without following the written procedures. In addition, promises of job reviews, raises, training, and promotions can also be binding, so should be avoided by the employer. Employers
This report will outline and compare existing employee contracts to legislative requirements, and assess where Global could be at risk for not complying with these requirements.
The PDF file name indicates the handbook was published on September 24, 2015. Primary sections of the handbook include Employment, Employment Relations and Communications, Compensation and Benefits, Leaves and Absences, Complaints and Grievances, Employee Conduct and Welfare, General Procedures, and Termination of Employment. The handbook provides a summary of policies fully outlined in the district’s Board Policy Manual. The content in the policy manual is derived from “state and federal laws, case law, Attorney General opinions, State Board of Education Rules, governmental regulations, and local requirements of the District” (Del Valle Independent School District, 2015, pg.
The main features of legislation relating to contracts of employment are outlined in the terms and conditions within a contract of employment. Information about this is included in the handbook for the NJC currently known as the Green Book. Contracts help to protect the rights and responsibilities of both the employer and the employee. Contracts must contain general information about the employee and the employment in which they have been employed: this includes information on the employee's name, date of commencement of employment, position appointed ,employment conditions, rights and responsibilities of the employee, expected duties and information on grade and point scale in relation to pay. Employees are expected by law to follow the terms set out in their contract until employment is terminated by either party.
However, the ruling in this case and others like it prove that employers can, in fact, be bound by articles written in an employee handbook when disciplining or discharging an employee. An abysmally written handbook can greatly jeopardize an employer’s right to terminate at will. Trends show that courts are increasingly acknowledging enforceable promises in the past employment practices of firms, in employer handbooks and in oral commitments. In addition to including an at-will disclaimer in employee handbooks, employers should also require employees to sign an acknowledgment confirming that they understand and agree to employment-at-will and that at-will employment can at any time be modified by a written agreement. Personnel manuals should explicitly state that the employer reserves the right to terminate employment at will. All written policies should also be free of any language that could be considered as a guarantee of job security. To be sure that these common pitfalls are avoided employers must retain the service of a labor attorney to draft and air-tight employee manual and acknowledgment
In 1980, a precedent was set in a Michigan court case involving a man named Charles Toussaint who was suing his employer, BlueCross Blue Shield, for wrongful termination based on the guidelines set in the employee manual (Alfred and Bertsche 33). The manual stated that employees would only be terminated for just cause, and the court decided that Blue Cross had violated the agreements in the employee manual (34). The court also ruled that even with Blue Cross’s efforts to provide a document that “issued non-binding guidelines” the employee manual was a contract and Toussiant was wrongfully terminated (34). After the precedent set by this case many employers and employees for that matter were reviewing their employee manuals for the type of
Coleman is an employee for Software INC, which requires him to spend the majority of his time traveling to meet customers with the objective to sell security equipment to businesses and bars. While on a sales trip in March of 2008 in Smalltown, Colorado, Coleman decided to steal a ring for his wife as an anniversary gift. Afterwards, Coleman met John, his client, at Jimmy’s Poor-Man’s Bar. While in Jimmy’s Poor-Man’s Bar. While in Jimmy’s, Coleman attempted to do a trick that consisted of lighting pre-grain alcohol on fire. As a result, the bar sustained major damage and a fireball went through the room and killed Jimmy. Software, INC terminated Cole without his account of what happened, which
The fact that Mr. Yourprop has not signed the employee handbook does not mean he is immune to the Company's policies. Though it is considered a best practice, law does not require employers to attain a form of acknowledgement of Company policies signed by the employee. The Society for Human Resource
Bernardin & Russell (2013) indicate that company policies should be reviewed prior to terminating an employee. Terminating Jeannette Lewis would not be advised to due the risk of litigation related to the violation of procedures outlined in the disciplinary policy (Pedersen, 2008). According to Pedersen (2008), “Handbooks often serve to shape employee expectations about disciplinary procedures and job security, and thus many courts have found them to be binding under an implied contract theory. As Paul Berks summarizes, ‘‘[u]nder the ‘handbook exception,’ an employer could unwittingly limit his ability to terminate an employee by disseminating a handbook that granted to employees the rights on the job beyond those traditionally recognized
4. Explain why the disclaimer in the employee manual does not have the effect desired by the employer. Champion Jogbra employee manual was unclear and misleading. Disclaimers when used should contain language that is clear, specific and communicated effectively to the employees. Disclaimers when used should be presented in a manner that is prominent and obvious manner, (Walsh). Champion Jogbra, on one hand the employer, will provide fair and equal treatment, on another hand the employee can be terminated at anytime. These are mixed messages the employer, Jogbra was providing its employees. Policies listed in the employee handbook made the employees feel as though their job was protected, even though Champion Jogbra does not offer employment contracts. The guidelines listed in the employee handbook as champion Jogbra so eloquently called them are not a part of an employment contract and should not be taken as such. However the guidelines were vague and gave the employees false pretense that their
Employment Rights Act (1996) states that all employers should write up all information in regards to the terms and conditions of the job, and that they should be easily accessed upon request. The terms and conditions should include the names of both the employer and employee, the starting date of the job, how and in what intervals payment will be made, the working hours, shift/rota as well as overtime if required, the right to have a have a holiday, and the possibility of holiday pay, the title of the job, how long the
Employment or labor laws have been developed to facilitate smooth relationship between employers and employees. Employment laws provide rules and regulations that should govern both the employer and the employees in their places of work. Employment laws discuss issues related to child labor, wages and salaries, retirement, working conditions, compensations, incentives and employment benefits among others. The major objective is to ensure the employer does not exploit the employee and on the other hand, the employee honors the terms and conditions of the job as presented by the employer.
Another crucial part of managing a sales team is to continually recruit and train new staff. New talent is a great way to generate fresh ideas; you never want your sales team to become stale. Sales Managers are always establishing sales programs and advising their team on ways they can improve their performance (Bureau of Labor Statistics).
Some of these terms are used in various ways among sectors, or implement definitions are subject to debate. In these areas, there are multiple definitions that can clarify the issues. This documentation can bring new employees up to standards and ensure comprehension among parties, without legal procedures. These legal terms, can be relevant to the staffing of Human Resource industries.
Companies usually reserve them for executives at the top of the organization chart, and these contracts establish an agreed-upon compensation package that the employee would immediately receive upon termination. The benefits package usually includes a list of specific terms that explain what the terminated employee will receive.
v Sales force planning – Go to market plan i.e. wholesale verses direct, growth planning, goal setting, market