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Legal Issues between Employee and Employer, 2006.
A case study and analysis of the legal relationship between an employee and her employer.
675 words (approx. 2.7 pages), 4 sources, £ 18.95
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Abstract
This paper discusses whether a person in the scenario presented is an employee or an independent contractor. It further discusses whether the relationship of the person with the company has changed over time. Lastly it discusses whether the person was wrongfully terminated when she is employed under the doctrine of employment at will. It is broken up into 3 sections and includes newspaper articles.
From the Paper
"Mary may have begun her business relationship with the Little Lamb Company as an independent contractor but at the time she was discharged she had moved from being an independent contractor to an employee. An independent contractor is defined by Webster's Dictionary of the Law (2000) as "an individual who contracts to provide services to others but, unlike an employee, retains significant autonomy in deciding how to carry out the work" (Clapp, p. 106). "Under U.S. law, a person can be classified as only an employee or an independent contractor...the key criterion is who controls how the work is done. A company controls its employees as to when where and how to work, what equipment to use, [etc.]" (Kearns, 2005, p. E-2). Every aspect of the employment relationship may be looked at to determine whether or not a person is an employee however the IRS has identified some of the more..."
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Employee-Employer Relations and Trade Unions, 2005.
An in-depth look at the relationship between management and employees with regard to labor unions.
16,000 words (approx. 64.0 pages), 30 sources, APA, £ 172.95
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Abstract
This paper describes the relationship between worker motivation, or an individual's degree of willingness to assert and maintain an effort towards organizational goals, and employer-employee relations. It examines the relationship between these relationships within labor unions on group norms, conformity and group motivation, within the aspect of human resource management. In examining this relationship, the review of the literature includes a close analyses of five case studies.
Paper Outline:
Abstract
Executive Summary
Introduction
Background of Labor Unions in the US
The Costs and Benefits Analysis of Unions
Human Resource Management in Organizations
Work Group Management
Performance Related Pay and Organizational Performance
Employee Motivation
Review of the Literature
Five Stage Model of Group Development: Methodology Study
Motivation Theory
Content Theories
Process Theory: Cognitive Theories
Goal-setting Theory
Expectancy Theory
Non-cognitive Theories: Behavior Modification
Broad Application of Theories to Labor Unions
Work Groups
Methodology
Statistical Analysis/Studies
Case Study #1
Case Study #2
Case Study #3
Case Study #4
Case Study #5
Analysis of the Research
Bibliography
From the Paper
"In a United States case study conducted by Sandra Black and Lisa Lynch, the relationship between workplace innovations and establishment productivity and wages was examined. Using both cross-sectional and longitudinal data, the researchers found evidence that high performance workplace practices were associated with both higher productivity and higher wages. The research revealed a positive and significant relationship between the proportion of non-managers using computers and productivity of establishments. The results were indicative that organizations that re-engineer their workplace and incorporate more high performance practices experience higher productivity. Profit sharing associated with increased productivity and employee voice has a large positive effect on productivity when it is done in the context of unionized establishments."
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Different Organizational Attitudes and Behaviors of Employees and Employer, 2001.
This paper looks at employee attitudes and their influence on performance, focusing specifically on physical labor jobs.
1,500 words (approx. 6.0 pages), 7 sources, £ 34.95
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Abstract
The following paper discusses the attitudes and strategies that should be used to get the best results from employees, what it takes to keep employees motivated, the attitude of the boss and different attitudes of employees and how it affects their job. All of the latter are discussed with reference to research studies of selected companies and their organizational patterns of behaviour.
From the paper:
"It is well known by Human Resources Personnel and Managers that positive employee attitudes create positive actions toward organizational goals. Employee attitude is increasingly cited in surveys as the number one performance-related issue of companies, both large and small. As attitudes deteriorate, so do commitment, loyalty and, most importantly, performance. In this research paper we are particularly looking at physical labor jobs such as landscaping, construction, farm workers and other environments which do not take place in an office settings."
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Employee Relations Issues, 2008.
A comprehensive account of many of the issues that arise in an employer-employee relationship.
3,920 words (approx. 15.7 pages), 12 sources, APA, £ 73.95
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Abstract
This paper states that current employee relation issues cover many facets. The paper then proceeds to discuss such issues as employee privacy, retirements issues, working hours, health problems, strikes, financial implications of offspring and obesity of the workers.
Outline:
Current Employee Privacy Issues
Private Retirement Programs
Flexible Working Rights
Costs of Child Care
Strikes
Public Health Privatization
Pitfalls in the US Work Force
Ethics of Outsourcing
Inflated Rates on Outsourcing Deals
Defined Contribution in the Global Scenario
Weight Crisis and Health Care Costs
Expatriates' Taxes and Other Woes
From the Paper
"The decline in the importance of private defined benefit plans in relation to defined contribution plans has been attributed to certain factors (Ostaszewski 2001). These factors include costs of government regulation, societal and cultural changes, modified employer attitudes, and employees' insufficient knowledge about defined benefit plans. Some observers interpret the decline as the end of private defined benefit plans. The last 25 years were characterized by a change in the relationship between total compensation, including proprietor's income, and wages. A study conducted showed that the shift from defined benefit plans correlated with the shift from labor's wages. It underscored the importance of wages as an index for defined benefit plans. It also called attention to the weakness of the wage index in the national income, which pointed to the weakness of defined benefit plans. There were indications that both labor's wages and defined benefit plans were affected by changes in the national economy, the changing role of government as well as the changed views on risk perception and distribution."
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Employer-Employee Relationship, 2005.
An analysis of the employer-employee relationship with regards to permanent versus contact workers.
675 words (approx. 2.7 pages), 0 sources, £ 18.95
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Abstract
This paper discusses the employee/employer relationship from the perspective of the employment at-will common law. The paper focuses on a situational analysis whereby a contractor hired to complete a project is kept on to continue working on other projects at a given company. Finally, after a lengthy period time, the contractor is released. The paper implies that the contractor cannot avail herself of employment at-will discharge related recourses because she was never hired as a permanent, full-time employee but retained on a per project basis.
From the Paper
"Employer/Employee Relationship Quiz Mary is initially an independent contractor. The intent for her services has been targeted to the completion of a specific project. The company has entered into a contractual agreement with Mary to complete this original project. There is little doubt that she is a 3rd party contractor at the outset relative to the company and was never intended to be a full-time, permanent employee of the company. Mary, by being an independent contractor for hire is a 1099 employee. In other words, the company, by hiring her specifically for a given project pays only for her services rendered and assumes no other employee related expenses such as healthcare benefits, retirement benefits, or other assorted benefits and services commonly associated with employer/employee relationships."
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Employer Employee Relationships, 2004.
This paper examines a case study to determine employer employee relationships.
1,130 words (approx. 4.5 pages), 4 sources, APA, £ 27.95
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Abstract
In this paper, the writer examines a case study to determine if an individual was properly classified as an independent contractor rather than as an employee. The paper reviews concepts including unlawful termination and breach of implied contact for continuing employment.
From the Paper
"We are presented with a scenario in which the key question is this: 'Is Mary properly classified as an independent contractor or an employee?' The IRS suggests that it is important to look at the amount of control the employer has over the individual. As a general rule the employer of an independent contractor has the right to control or direct only the result of the work done by an independent contractor and not the means and methods of accomplishing the result."
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Regular Employees vs. Temporary Employees, 2002.
An analysis and examination of the multitude of issues concerning the hiring of regular employees rather than temporary employees.
660 words (approx. 2.6 pages), 3 sources, MLA, £ 16.95
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Abstract
This paper analyzes the issues surrounding an employer's decision to hire regular rather than temporary employees. It discusses policy issues involving regular employees and temporary employees such as benefits, compensation, discharge, discipline, and overtime pay. The paper concludes with suggestions for eliminating or reducing the stark contrasts between regular employees and temporary employees.
From the Paper
"Overtime pay is another area where there is a divergence between regular employees and temporary employees. As mentioned above, regular employees are generally salaried, i.e., they work a set number of hours and receive a fixed income each month. Temporary employees are generally paid hourly and their hours of employment may vary, resulting in a variable income each month. In terms of overtime pay, regular employees who are salaried do not receive overtime pay regardless of how many hours per week they work. Regular employees who are not salaried, like temporary employees, receive overtime pay (time and one-half) for each hour over 8 hours per day and for each hour over 40 hours per week."
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Legal Naturalism vs. Legal Positivism, 2002.
A comparison of laws understood to come about naturally or through some form of positive creation.
2,630 words (approx. 10.5 pages), 2 sources, MLA, £ 54.95
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Abstract
This paper examines two of the general theories of law - legal naturalism and legal positivism, both of which have had an enormous influence on law throughout history. The first part of the paper looks at natural law which describes those diverse theories of law that do not accept human law as true law and hold that a particular "something other than the positive law is the true law". The second section examines legal positivism where one of several general theoretical traditions is based on the belief that the source of knowledge lies in experience, not in reason, nor in mind.
From the Paper
"A good example of the usefulness of classical legal naturalism can be seen in the rise of commercial law in the Middle Ages in Europe. As Glendon, Gordon, and Carozza point out, the rise of commercial law took place when Roman civil law provided no adequate coverage of new problems that arose as trade "emerged from the localism and relative economic stagnation of the Middle Ages" in the form of international banking, expanded maritime trade, and rising commercial centers."
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Employees? Private Lives and Employers? Rights, 2004.
A discussion about whether employers should have the right to look into their employees? private lives.
2,014 words (approx. 8.1 pages), 4 sources, MLA, £ 43.95
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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."
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Drug Testing and Employee Privacy, 2006.
An essay weighing the employee's right to privacy against the right of the employer to ask have employees submit to drug testing.
1,125 words (approx. 4.5 pages), 1 source, £ 30.95
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Abstract
The question of the ethical issues involved in employer's applying drug testing in the workplace is complicated by the employee's right to privacy. This essay argues that the employee right to privacy radically limits the range of employer options in regard to drug testing quite apart from other considerations such as effectiveness and legality. However, in sensitive jobs where potential harm to others is an issue, the moral right to privacy of an employee may itself be limited.
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Employee Privacy, 2005.
This paper addresses the issue of privacy for employees.
1,350 words (approx. 5.4 pages), 7 sources, APA, £ 32.95
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Abstract
This paper describes the four legal sources of privacy rights, which an employee has in the workplace. The author points out the way competition between the employee and employer impact the issue of privacy rights. The paper discusses the inclusion of privacy rights in employee handbooks.
From the Paper
"Employers are increasingly concerned with issues related to employee privacy. Mark Lies noted that an employee generally has four sources of privacy rights within the workplace: Constitutional statutes, state, common law and contract. Within every workplace, there is a constant competition between the interests of the employer and the employee, which directly impacts these privacy rights. Lies notes that conflict between employers and employees over issues related to privacy often focus on the use of personal information regarding the employee observation and regulation of employee conduct."
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ABC Widget Company: Employee Handbook Privacy Section, 2005.
A look at how the ABC Widget Company has addressed the issue of employee privacy rights in the work place.
1,005 words (approx. 4.0 pages), 4 sources, APA, £ 24.95
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Abstract
This paper presents the ABC Widget Company's handbook on employee privacy rights. The privacy rights issues addressed in the handbook include the following: The rights of workers to personal privacy in the workplace, information technology and email privacy, and expectations and requirements of ABC for its employees in the exercise of their duties and responsibilities in the workplace.
From the Paper
"In the Age of Information, there are increasing concerns being voiced about what can legitimately be expected to be kept private, and how these issues affect employees' rights in the workplace. According to Hayden, Hendricks and Novak (1990, most adults spend approximately one-half of their waking hours in the workplace today, and it is therefore not surprising that employment practices affect a broad range of privacy rights. With the sole exception of polygraph ("lie-detector") testing, there are not many areas of workplace activities that are addressed by the U.S. Constitution or national privacy laws. As a result, employers in the United States have a great deal of flexibility in collecting data on their employees, regulating their access to personnel files, and disclosing the contents of employee files to those outside the organization. Besides the issue of personnel files, workplace privacy involves such practices as polygraph testing, drug testing, computer and telephone monitoring, and interference with personal lifestyle (Hayden et al., 1990)."
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Video Surveillance of Employees, 2002.
An examination of the benefits to employers and privacy issues of employees.
2,250 words (approx. 9.0 pages), 4 sources, £ 54.95
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Abstract
Examines benefits to employers and privacy issues of employees. Current state of the law (federal & state). Political and moral issues. Differing views of labor and business groups. Cites legal cases & decisions. Difference between a supervisor watching & employee video cameras. Employee rights advocates.
From the Paper
"Should an employer be allowed to conduct video surveillance of its employees in the workplace? No, say employees, who feel that such surveillance violates their right to privacy. Yes, say employers, who argue that employees have no right to privacy in the employer?s workplace, and the employer?s need to prevent misconduct and maximize productivity outweigh the privacy interests of employees. This paper will examine this question, focusing on the current state of the law (both federal and state) and the continuing political and moral debate among labor and business groups.
Employers utilize video surveillance for a variety of reasons. Situations that require scrutiny include suspicion of drug use, conducting personal business on company time, revealing trade secrets, surfing the Internet, and harassment issues..."
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Employee Privacy, 2004.
A discussion about whether employers have the right to monitor computer and Internet usage of their employees.
1,318 words (approx. 5.3 pages), 3 sources, MLA, £ 30.95
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Abstract
This paper addresses the sensitive and controversial issue of employee privacy versus the need of employers to monitor and control the Internet and computer usage of their employees. The paper addresses both the legal and moral issues surrounding this problem. It looks at techniques used by employers and also asks whether the problem can be solved at all.
From the Paper
"Although computers have been commonplace in the workplace for several decades, the Internet has not. Today however, there are few companies, large or small, that do not have Internet access. This new technology has created ethical debates throughout the business world. Having Internet access allows employees to explore Web sites of personal interests and conduct personal correspondence by email while at work. Prior to this technology, an employer could generally tell if an employee was busy performing work tasks or loafing about reading a magazine. However, today it is not so easy. It is difficult for an employer to know whether a worker is gathering business data or checking out vacation spots. Rather than writing those quarterly reports, an employee may be involved in an on-line chat room. In response to this dilemma, employers have begun monitoring its employee computer usage. This has raised many questions concerning an employee right to privacy and an employer?s right of security and production."
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