Drake And Keeler Case Study

Improved Essays
First the leader could try and argue that the discharge of Drake and Keeler was an acceptable exercise of management's rights because of at will employment. The management will dismiss by leader for any reason without having to ascertain simply cause for termination and abruptly. If Drake and Keeler are acknowledged as workers at will, the workers are denied any claim for loss ensuing from dismissal. Since there's no mention of a union contract or employment contract that guarantees employment to the worker for a amount of your time, the leader has the power to lay-off a worker at will. This can be one defense that the employers of Drake and Keeler could use. The legal exercise of the management's right to lay-off is one cause.
Also the management could claim that it had simply cause for dismissing Drake and Keeler. An leader who terminates a worker for simply cause should argue that the leader who terminates a worker should be able to prove the employee's conduct or behavior was so serious in its nature. One of the most common samples of simply cause is willful misconduct. If the leader of Drake and Keeler incorporates a uniformed enforced rule or policy that an individual leaving work without the permission of
…show more content…
The leader could argue that there was no concerted activity for collective bargaining as a result of bargaining never came about and therefore the two workers in their personal capability merely walked out of the workplace. This is often an argument which will establish that provisions of Section 8 don't apply during this case. “Employers who discipline or discharge employees for participating in protected “concerted activities” violate the National Labor Relations Act (NLRA or Act)” which the two employee in this case feel that they did not break any

Related Documents

  • Improved Essays

    Donn Milton Case Summary

    • 371 Words
    • 2 Pages

    Reasoning: Maryland law recognizes a small loop whole the general rule of at-will employment. As per the law the exception for the common rule of at-will employment is applied in the case: (1) "where an employee has been fired for refusing to violate the law or the legal rights of a third party," and (2) "where [an] employee has been terminated for exercising a specific legal right or duty," Because Milton does not fit in either category, his suit for wrongful discharge was properly dismissed.…

    • 371 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The employees’ appeal was held and damages were awarded based on reasonable notice periods. Reasonable notice is determined on each case by reviewing the employment, the length of service and the employee’s age and availability of similar employment in regards to the employee’s experience, training and qualifications. The trial judge determined they were entitled to reasonable notice of termination and that the period of reasonable notice for Machtinger was 7 months and for Lefebvre, 7 ½ months; however, this was overturned by the Ontario Court of Appeal. The Supreme Court of Canada reviewed this appeal and granted the appeal and awarded the appellants the reasonable notice period damages as noted…

    • 657 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Describe the issues in the case? “On January 5, 1999, grievant Keith W. Walton applied for work with the Company by filling out the Company’s employment application (C-1). In it, he reported that he had no relatives employed by the Company. On April 30, 1999, he was hired as a Helper at the Manatee Power Plant and was continuously employed there (working his way up to journeyman mechanic status) for the next seven and one-half years” (Soloane & Witney, 2010). The issue describe in which Keith Walton case study is with him not properly being discharge for allegedly violating the company anti-nepotism policy.…

    • 892 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The Current state of wrongful dismissal in Employment Law and why we believe it needs to be changed. The current state of wrongful dismissal is that damages are awarded based on what notice of lieu an employer/employee receives (Richard A. Yates, 2011). Weakness for employee: • Not compensated for pain and suffering, only awarded difference of notice they should have received and benefits/pension they would have received (Richard A. Yates, 2011).…

    • 1173 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Allen Lopez Case Summary

    • 828 Words
    • 4 Pages

    In the case of petitioner ExtremeNet versus respondent Allen Lopez, this case occurred in the State of Georgia in which At Will Employment Law applies. Respondent is making a counter claim. The respondent had worked for the petitioner for seven years in a middle-management position. The respondent found the position rewarding and was well paid. The petitioner struggled to manage the effects of an economic downward spiral; therefore, some employees were laid off and new personnel policies were implemented.…

    • 828 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    A similar case at Lougheed Imports v. Local was undergone in 2010, where employees posting a few comments about their employer on Facebook was deemed proper cause for the termination of their employment. By contextualizing the following dilemma with similar happenings, it is evident that Ethan’s public assessment of the retirement home as well as their management acted as a trigger for the supervisor to confide in the human resource department; ultimately beginning the conversation of his termination. Regardless of actions Lougheed Imports V. Local had taken towards the termination of their own employees, it is important for Sunny Meadows to base their actions on the…

    • 1028 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    The Drake Equation Introduction: The Drake Equation is an elaboration of the Principle of Mediocrity; an expression that determines the probability of the discovery of extraterrestrial life within the entirety of the unknown universe. This equation combines the things science knows and does not know to come to the equivalent of N, if N is the number of intelligent species in the universe that are communicating amongst each other right now. The Principle of Mediocrity is essentially the assumption of similarity throughout the universe, pertaining to this solar system being the original copy. It allows for scientists to obtain the physiological position using the knowledge previously discovered about the Milky Way and Earth, and…

    • 517 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Synopsis: Garrity v. New Jersey (1967) was the result of an investigation into alleged “ticket fixing”. The case initially involved five police officers and one civilian employee from different boroughs of New Jersey who were suspected of alleged “ticket fixing” and diverting funds to other programs. The state Attorney General ordered an investigation into the allegations and the five officers were convicted of conspiracy to obstruct the administration of the traffic laws. They appealed the court’s decision to the New Jersey State Supreme Court, which upheld the conviction. They then appealed to the U.S. Supreme Court citing that they were coerced and their statements were not given voluntarily due to the threat of losing their positions.…

    • 759 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    In the early 1900s employers hire people to spy on workers in unions and report back to them with information on what was going on. The Wagner act of 1935, also known as the National Labor Relations Act (NLRA), was created by Senator Robert R. Wagner and signed into action by President Franklin Delano Roosevelt in July of 1935. President Roosevelt and the Wagner Act had an immense influence on the labor movement and the American work force we know today. Before the NLRH employers had monarch like power over their employees. These employers used any tactic they could think of to keep their workers under their control and to make sure they are the ones making the money.…

    • 656 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Title VII of the 1964 Civil Rights Act brought about two chief concepts of illegal discrimination. These concepts are disparate treatment and disparate impact (Harper, 2016). This section of the Civil Rights Act makes it unlawful for an employer to discriminate against an employee based on race, color, religion, sex, or national origin. Individuals cannot lawfully be denied employment opportunities or have their employment adversely affected merely because of their race, color, religion, sex, or national origin (EEOC Website, 2016).…

    • 1012 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    In the mid 1800’s many factories in the north began to grow the treatment was terrible. Many workers were children they work hard long day near dangerous equipment. The children had a very little brake sometime they don't get a break they work for 12 hours straight for little or no pay. Many men women and children died from the machines they were not safe. Many workers had to work for long hours to feed their families.…

    • 135 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    COLLAPSE Just cause is defined by Budd (2016) as "mean that there must be valid, job-related reasons for being disciplined or fired" (Busch, P. 325). Gomez has just causing when firing Erin McNamara since she violated so many contract provisions with many proper warnings, proper paperwork filed, and proper communications of said infractions. After reviewing the contract provisions, Erin violated a total of 6 clauses, multiple times throughout her time period after being transferred from the long beach location. Barrera recycling provided all the necessary items to be productive and safe when working, and even though the gloves provided were considered bulky and not user friendly, it was never brought to a supervisors attention to procure gloves that…

    • 271 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The Immigration Reform and Control Act of 1986 clearly states that the hiring of illegal aliens in the United States is not prohibited and if an employer does hire and illegal alien, there will be ramifications. In this case, the employer was not made aware of the illegal status of the employee until after a settlement had been agreed upon between the employer and the NLRB. Therefore, “if an employer unknowingly hires and unauthorized alien, or if the alien becomes an unauthorized worker during the employment, and the employer learns that the alien is an unauthorized worker, the employer is required to discharge the worker from employment” (Fuqua, 2009, p. 214). Under the federal and state laws regarding immigration, the employer should not prohibit the hiring or promoting the reinstatement of illegal aliens because it is a clear violation of the laws set forth in this country. Due to the circumstances in this case and the clear intent of the IRCA, I do not think it is possible for the court to enforce the voluntary settlement agreement between the employer and the NLRB without violating any immigration laws.…

    • 672 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Unions have two distinct viewpoints: the business and the union viewpoint (Shmoop Editorial Team, 2008). These two viewpoints help to forge the relationships within individual corporations that can impact the collective bargaining process. However, when it comes to unions differences can exist within public and private sector unions. This is why having a good understanding of the negotiating process and some of the various organizational leadership competencies can be an important aspect of unions (Shmoop Editorial Team, 2008).…

    • 1457 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Up In The Air Essay

    • 975 Words
    • 4 Pages

    Both of them found that there are many ways of terminating employees other that what is shown in the movie. Termination can be even more complicated when organizations have remote…

    • 975 Words
    • 4 Pages
    Improved Essays