Montana Wrongful Discharge - 768 Words

Review â€Å"Montana: Wrongful Discharge from Employment Act† in Chapter 2. Please respond to the following: Identify the parts of this law that appear to benefit employees. ⠝â€" An employer can only discharge an employee for a good cause. ⠝â€" Employees can’t be discharged for reporting a public policy violation. ⠝â€" Employees can’t be discharged for reporting employer’s violation of employer’s own written personnel policy. ⠝â€" If employer commits wrongful discharged, employee may be awarded lost wages and fringe benefits up to 4 years from discharge date, and employee may also seek punitive damages. Identify the parts of this law that appear to benefit employers. ⠝â€" Employee can be discharged for good cause and as long†¦show more content†¦Review â€Å"Just pucker and blow: An analysis of corporate whistleblowers† in Chapter 2. Please respond to the following: Describe the conflict faced by corporate insiders who discover unethical or illegal activities within their organization. Corporate insiders must act in good faith and in a manner that they reasonably believe will be in the best interest of the corporation including safeguarding corporate information. Also they have a duty to care for the corporation as they would their own. So in this case, the insider who has to be loyal to his company and may not be able to go to the authorities with information that can damage the company’s reputation also has to care for this same company and in caring means if there is anything unethical going on should be able to whistle blow it, however this creates conflict for the insider. It’s like they are stuck in between, however way you look at, whether they report it or not, they are damned as the book stated because once authorities know, the company might suffer public humiliation and if they don’t report it, the company eventually will collapse due to everything blowing up just like Enron. Describe the kinds of corporate wrongdoing a senior executive might discover that would not be covered by Sarbanes-Oxley The Act provides protection only for those matters that involve security fraud so whistleblowing of other kinds of wrongdoing remain unprotected under this Act. Some of the wrongdoings or unethicalShow MoreRelatedWhat Does Employment At Will Mean?973 Words   |  4 Pagescreated exemptions of wrongful discharge such as prohibit discharge for filing complaints, charges or claims w/administrative bodies or that prohibit unlawful discrimination based on race, national origin, sex, age, handicap, creed, religion, political belief, color, marital status, etc. Employment-at-Will is when an employee performs services under an employer’s control, for compensation, without having the duration specified. The exception fired employee brings a wrongful discharge case againstRead MoreThe Discharge From Employment Of A Suspected Wrongdoer1645 Words   |  7 PagesThis paper will discuss the discharge from employment of a suspected wrongdoer, focusing on the difference between private versus public sectors. First, employment â€Å"at-will† as it relates to private organizations will be defined. The research presented will lead to discussion of the public policy exception, which is the most commonly accepted limitation to the employment â€Å"at-will† standard (Fahleson, 1993). 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The next article will compare the labor data from Montana, the only state to fully modified the â€Å"Employment At-Will† policy to a â€Å"Good Cause† policy. The fourth article will compare our current â€Å"EAW† policy to the â€Å"Just Cause† policy in New Zealand. The last article will give us a Psychological view ofRead MoreTerminating An Employer Employee Relationship3644 Words   |  15 PagesRights Act of 1964, the Age Discrimination in Employment Act of 1967, the Pregnancy Discrimination Act of 1978, and the American with Disabilitie s Act of 1990 and its subsequent Amendments. In addition, this paper will explore what constitutes a wrongful discharge under three main common law exceptions to employment at will in the Public-policy exception, the Implied-contract exception, and the Covenant-of-good-faith exception. Finally, the paper recommend some course of action for organizations to putRead MoreCorporate Political Strategies and Employment at Will Essay examples5822 Words   |  24 Pagesbetween employer and employee. If there is no expressed or implied contract, and no collective bargaining groups are involved (e.g. union), then either party can severe the employment relationship at any time without fear of reprisal. Employers can discharge, fire, or layoff an employee for good, bad, indifferent, or no cause at all (except for illegal reasons) without notice, and employees are free to quit, strike, or just stop working at any time without notice. Sadly in legal proceedings, both sidesRead MoreEmployment-At -Will Doctrine - Law, Ethics, and Corporate Governance1278 Words   |  6 PagesSmiley Strayer University Law, Ethics, and Corporate Governance LEG-500 Dr. Diane Barrs April 15, 2012 Employment-At-Will Doctrine The first issue to learn is the employment relationships are presumed to be â€Å"at-will† in all U.S. states except Montana. The U.S. is one of a handful of countries where employment is predominantly at-will. Most countries throughout the world allow employers to dismiss employees only for cause. The training should first define â€Å"At-Will†. According to (Pound, 2010)Read MoreScientology Essay examples1689 Words   |  7 Pagespersonality of a person, is separable from the rest of the mind at will, and without causing bodily death or mental derangement (Fundamentals. 5-6). Hubbard was born in Tilden, Nebraska in 1911 (Malko 29). It is known that Hubbard was raised on a Montana cattle ranch by his grandfather (Malko 30), however little else is known about the first thirty years of his life (Malko 29). Hubbards past is best summed up by George Malko, Nothing is ever precise, 2. and we are never sure when andRead MoreTB11e 1031145 Words   |  125 Pagese (page 275) National:   AACSB Analytic;  AICPA BB-Legal 240. An exculpatory agreement: a. is the offeree’s initial expression of agreement before a contract is formalized in writing b. releases one party from the consequences brought about by wrongful acts or negligence c. is a form of counteroffer whereby the offeree accepts part and rejects part of a contract d. is an agreement that has not been fully performed by either party e. none of the other choices ANSWER: b (page 275) National:  Read MoreMedicare Policy Analysis447966 Words   |  1792 Pagessonal characteristics extraneous to the provision of high 21 quality health care or related services. 22 SEC. 253. WHISTLEBLOWER PROTECTION. rmajette on DSK29S0YB1PROD with BILLS 23 (a) RETALIATION PROHIBITED.—No employer may 24 discharge any employee or otherwise discriminate against 25 any employee with respect to his compensation, terms, †¢HR 3962 IH VerDate Nov 24 2008 12:56 Oct 30, 2009 Jkt 089200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\H3962.IH