This week we began to discuss Occupational Safety and Health (Chapter 15), Performance Appraisals, Training, and Development (Chapter 16), and Privacy on the Job: Information, Monitoring and Investigation (Chapter 17). In Chapter 15, we discussed the OSH Act and the creation of the Occupational Safety and Health Administration (OSHA), Occupational Safety and Health Review Commission (OSHRC), and National Institute of Occupational Safety and Health (NIOSH). I did not know that the OSH Act created three different agencies. I assumed OSHA handled everything. The main case we discussed in class was R. William Construction Co. v. OSHRC. An employee was killed and another injured when a trench collapsed at a sewer construction project. It was sad
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While it is completely legal to downsize a company, special care must be taken. Whenever downsizing occurs, there will always be an effect on benefits. If the company contains unionized employees, the labor union should probably be contacted first to avoid any issues. If it is believed that downsizing is used to inhibit unionization, the NLRB could bring the company to court. Under the Worker Adjustment and Retraining Notification Act (WARN), affected employees must be given at least a 60 day written notice. WARN Act applies to employers with 100 or more full-time employees or 100 or more full- and part-time employees working at least 4,000 hours per week. I wonder what determined the standard. Is it because smaller businesses affect fewer employees or because business decisions can be made at a quicker pace allowing less time for warning? When discussing downsizing, I never really thought about how discrimination could occur. However, I now notice that downsizing could be conveniently used to fire people based on factors other than performance level. Discrimination based on age seems like it would be the easiest to commit. Although early retirement offers can be very desirable to both parties, an employer must remember that they cannot force anyone to retire. I would not be surprised if there was some coercion used to convince employees to take the offer. I did not know that unemployment insurance even existed. I assumed that the government handled unemployment benefits. An individual is able to receive unemployment benefits if they were fired for reasons other than misconduct, able to work, and actively seeking employment. In recent years, there has been a debate on many social programs that are designed to help those less fortunate. This includes unemployment benefits. Some believe that individuals will become too dependent on the system and will no longer strive to take care of themselves. Some
While it is completely legal to downsize a company, special care must be taken. Whenever downsizing occurs, there will always be an effect on benefits. If the company contains unionized employees, the labor union should probably be contacted first to avoid any issues. If it is believed that downsizing is used to inhibit unionization, the NLRB could bring the company to court. Under the Worker Adjustment and Retraining Notification Act (WARN), affected employees must be given at least a 60 day written notice. WARN Act applies to employers with 100 or more full-time employees or 100 or more full- and part-time employees working at least 4,000 hours per week. I wonder what determined the standard. Is it because smaller businesses affect fewer employees or because business decisions can be made at a quicker pace allowing less time for warning? When discussing downsizing, I never really thought about how discrimination could occur. However, I now notice that downsizing could be conveniently used to fire people based on factors other than performance level. Discrimination based on age seems like it would be the easiest to commit. Although early retirement offers can be very desirable to both parties, an employer must remember that they cannot force anyone to retire. I would not be surprised if there was some coercion used to convince employees to take the offer. I did not know that unemployment insurance even existed. I assumed that the government handled unemployment benefits. An individual is able to receive unemployment benefits if they were fired for reasons other than misconduct, able to work, and actively seeking employment. In recent years, there has been a debate on many social programs that are designed to help those less fortunate. This includes unemployment benefits. Some believe that individuals will become too dependent on the system and will no longer strive to take care of themselves. Some