Im studying for my Law class and need an explanation.
This forum is a continuation of Forum 2A, the smoking employee case. You must post once by Thursday of this week, Week 7. After you post, you will see the answers of others. You should post additionally at least two times by Sunday at 11:59pm, debating with other students the various matters asked about below. It is not expected that everyone will agree on all of the issues below. Do not wait until the last minute to interact with others because this forum ends at 11:59pm on Sunday and late posts are not possible.
Under current U.S. law, the employee is at will, and can be discharged for any reason or for no reason.. It does not matter that the employee was accused of something that was not true (smoking marijuana).
If you were the HR manager of Dianas company, what would you tell the employer about the wisdom of his action? Would you recommend that he rehire Diana? What would be the pros and cons of that? Or what would you suggest he do next time he suspects an employee of marijuana use?
Do you think the law should be changed, and if so, how? For instance, if Diana could prove she was not smoking marijuana (by taking a drug test), should she have a legal right to rehire?
Or, if she was union represented, how would her situation be different?
And finally, would/should any of what you recommend change if Diana lived in a state in which recreational use of marijuana were legal?
This forum is a continuation of Forum 2B, the Pizza Parlor social media case. You must post once by Thursday of this week, Week 7. After you post, you will see the answers of others. You should post additionally at least two times by Sunday at 11:59pm, debating with other students the various matters asked about below. It is not expected that everyone will agree on many of these things. Do not wait until the last minute to interact with others because this forum ends at 11:59pm on Sunday and late posts are not possible.
Under current U.S. law, the employee is at will, and can be discharged for any reason or for no reason including for what an employee posts on social media. (In about half the states, including NJ, employers cannot require that employees turn over their social media passwords, but in this case, the employer could ask for that under NY State law).
If you were the HR manager of this company, what would you tell the employer about the wisdom of his action? Is it reasonable to ask employees to hand over the ability to check their social media posts? Is this really a good way to prevent sexual harassment?
And what about what was posted by each person? Are each of these, or any of these valid reasons for discharge? If so, would you recommend that all employees be warned about the social media policy? Would you recommend that the policy be changed? Would you recommend that the employee(s) be rehired but given a warning about the future?
What would be the pros and cons of your suggested HR policy?
Apart from that, should this just be up to the company’s discretion? Do you think the national law should be changed, and if so, how?
And how would things be different if the employee involved were union represented?
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