Mba 560 Week Four

Introduction

Before 1935, labor laws favored the company’s right heavily over the employee’s rights. Several laws were designed to correct the imbalance as a result of this. It started with the Clayton Act of 1914 which made it lawful for a union to carry out activities and struck down the claim by businesses that the employees were restraining trade through already established unions. Unions were powerful enough by the 1940s that nationwide strikes sometimes caused problems for public health and safety and jeopardized commerce. The Taft-Hartley Act of 1947 was created in an effort to establish a level bargaining field for employers and unions. It was enacted to make sure the free flow of commerce existed and protected public interest until disputes had resolution. It established conditions so that unions could be sued. It also allowed employers some free speech that had previously been denied. Today, FastServe, a $25 million, 350 person company, has found itself today in an awkward position of having to layoff personnel because of a division which failed. Previous labor acts and laws provide a history which establishes rules and guidelines. Companies like FastServe must follow guidelines when dissolving personnel emloyment. Carefully following those rules will help prevent the fallout of possible claims of civil rights violations and discrimination. The following paper will discuss the employment laws which affect extenuating regulatory circumstances, the status of employment at FastServe, and agency principle in relation to terminations. Last we will discuss how hard it is to balance the business and legal risk that comes with the termination of employees from a protected class.

Employment Laws

Candidate Employment laws affecting employment status

Sarah Boyd The Age Discrimination of Employment Act prohibits discrimination of an applicatn or an employee who is 40 years old or older (RSMC, 2004). When a person 40 or older is a qualified as any younger...