Written or Oral Contracts - Free Essay Example

Sample details Pages: 7 Words: 2092 Downloads: 7 Date added: 2017/09/18 Category People Essay Type Argumentative essay Tags: Relationship Essay Did you like this example? Employment is a relationship between an employers and employees. This relationship is extremely important, as it becomes a part of our daily life. Aside of being a professional relationship, in many cases it becomes a personal and expressive one. In todays work place, if the conditions of employment are excellent, and the employees are treated with fairly, it is more likely that they will be pleased, and their productivity will increase. However if the environments in the work place are poor or not suitable, we will have the total opposite results. To avoid any complications or misunderstandings between employers and employees, this relationship is governed by rules and laws. The basis of these rules is the ESA (Employment Standards ACT), of which the human resource managers and top management should be fully aware of. In the unionized world, the negations of a collective agreement will clarify all the specifics between management and employees. In the non-unionized world, these specifics are controlled in an employment contract, weather this contract is of a fixed-period of time or indefinite. When a vacancy is created, by a shortage of employees or market demand, the management will try to fill this position(s) with the best qualified person(s) for the job. In order to do this, the management must consider the changes in the marketplace, which helps the management hire the best qualified amongst the applicants. Job description is a written list of duties that the company expects it employees to perform. This will help the employer to follow up on the performance of the employees. This way if an employee is performing to the specific requirements outlined by the job description, may be a subject for discipline. However an excessively specific list of duties can have an opposite result, for example if a management delegates a duty not specified in the job description he/she may face a liability for constructive dismissal. In order to avoid thes e consequences, an employer may add that the job could include additional duties. When the vacancy is created, the management may choose to redefine and update the job description according to the companys need, without being in violation of constructive dismissal. In this phase, there are important issues to be discussed. The first issue is the monetary or remuneration offered to the selected person. This includes salaries, bonuses, benefits, pension plan, employee discounts, etc. In defining the pay level, the employer must be careful to follow the guidelines of the law when it comes to pay equity to both men and women performing the same job. They also should be aware of the minimum rate of pay set by the government of each province. The next stage is to determine the conditions of the employment. The employer can offer the hired person a written or oral contract for an indefinite period of employment. Another option is a fixed period contract, at the end of which the emplo yer has the choice of renewal or termination without any legal consequences. The employer must consider all the options that are beneficial to the company. He/she have the option to hire and independent contractor to do the job. After the managers have made their decision about the job description, remuneration and the terms of employment, they will be ready to advertise for the position. In the managements efforts to advertise for hiring new employees, the managers, must be careful not to use words prohibited by the Human Right Legislation. They should also try to reach different groups of applicants. These prohibited grounds are: race, sex, sexual orientation, color, ethnic origin, place of origin, disability, religion, age, marital or family status. Managers should know that the Ontario Human Rights Commission states that employment should be based on the applicants ability and not on other factors. Once the managers have understood all the requirements of the job and all the restrictions imposed by the Human Rights Commission can go ahead and draft the application forms. During the application and interview stage, the management is able to ask potential employees to provide them with information of any health problems. The management can inquire of any reason that might prevent an employee to perform his/her duties. If the employer would like to go into medical testing, they should wait until the decision to hire the person is made. Testing should only be performed in direct relevance to the job performance. Hiring the employer is now ready to offer the successful candidate a position with the organization. Both mployer and employee should set out the standards of their employment relationship. Before the new employee starts, the employer should set the specific duties that can help to enforce variable issues in the relationship. Before an employer hires an employee they should keep in mind the potential minefields that can be avoided. When hiring a new employee you must make sure that the new employee does not have an existing employment contract with his/her current employer. This will help ensure that you will not be liable for any legal action against you for inducting breach of contract. In cases where an inducing breach of contract occurs, the former employer will have to prove that the current employer acted deceitfully or in bad faith. The current employee must have a valid argument against the claim. The current employer will have a defense if they can prove that by hiring the new employee they acted bona fide and in the best interest of the company. Negligent Misrepresentation when hiring a potentially new employee you are obligated to explain what is expected of the job they are being hired for as well as the nature of the job. If false statements or inaccurate statements are made that would mislead the potential employee to believe otherwise about the nature of the job in his/her interest and he/she suffers d amages, the employer is at legal risk. Employers should consider the possible legal risks involved when guaranteeing a potentially new employee a better position when hired while they are currently employed. If the employee leaves their current job in expectation of having a better job with the new employer based on the facts that they were promised a greater position or pay etc. and the new employer does not follow through, the employer may be at legal risk for damages caused by alluring and enticing the new employee. Employers can minimize legal risk by having what the job specifications and what it has to offer clearly in writing in the contract. They should also recommend that the new employee acquire legal advice before accepting terms of employment. Takes place when an employer or employee decides not to go with the employment contract. Legal risks can be minimized in the situations of anticipatory breach of contract, if in the contract specifies, that due to a ertain event or events the contract may be broken, the employer or employee then will not be held liable if such events were to take place. There are two types of contracts when engaging into an employment relationship, written and unwritten. A written contract will give the employer a level of security when discussing reasonable notice terms as well as the expectations and duties to be performed my the new employee. An unwritten contract of employment is still a legally binding agreement of employment. In cases of dispute it will be up to the court to decide what the terms of employment were. When drafting a new contract there are two essential requirements, consensus and consideration. If one or both do not exist a contract is not valid. The contract should consist of the parties names, the date that the contract begins, the specification of what the job requirements are and the nature of the job, and the period of the employment contract. Once the drafting is complete the employer will discu ss the terms of employment. Two main types of terms are fixed and indefinite periods. If the employer decides on a fixed period of employment he/she must also consider if they want to renew the contract at the end of the period. If the employer states that the contracts is indefinite, this means that the employer is giving an opportunity to his/her employees to stay with the company as long as they wish providing that they comply with the terms of employment. The term of employment should also state the termination and severance pay. The performance review benefits both the employer and employee. These reviews should be conducted every so often to evaluate the employees strengths and weaknesses. All evaluations should be conducted in a fair and truthful manner. This is essential to both the employer and the employee because it lets the employee know what areas to improve on. This is an essential tool for the employer because if he/she sees no change with the employee in the ar eas the employee were lacking in, a may provide a reason for dismissal. When conducting a salary review the employer should keep in mind that it should be performed separately from performance review. The employer at no time is obligated to grant regular salary increases, unless it is agreed upon in the employment contract. On the other hand pay decreases cannot breach the employment contract as well. If a pay decrease were to take effect, the employee must be given reasonable notice. In cases were a fixed term contract ends and the employer continues to employ the employee without renewal the original contract will lapse. This can cause a problem to the employer when it comes to such decisions as termination or severance pay as they now may have to provide more notice sine they now are being governed by the common law. If an employee is hired based on an indefinite period he/she may dismissed at any time without cause as long as the employer gives notice of termination or pay in lieu of notice. If an employee is hired based on a fixed term, the relationship is ended at the end of the contractual terms. If the employee is terminated or dismissed before the contract has ended, the employer is at legal risk for breach of contract. Reasonable notice is given to employees, to allow them to find an alternative employment. The amount of notice is based on the characteristics of the employment, length of service, age, availability of employment opportunities, and inducement to join organization. When there is just cause to dismiss an employee, reasonable notice is not needed. The employees conduct must have essentially breached the employment contract. Example of such a breach would be: serious misconduct, habitual neglect of duties, incompetence, etc. In cases were just cause is a direct result of a single act; the act must be that of serious nature such as stealing, fraudulent conduct, lying to the employer, etc. Situations were just cause for termination was a result of buildup of less serious incidents, the employer must have gave the employee warning for dismissal so that    the employee has a chance to improve. When an employee is dismissed as a result of habitual negligence of duty such as constant absenteeism and lateness, the employer has just cause to terminate as long as the employee was given several warnings. Incompetence on the other had is the lack of skill, ability, knowledge or qualifications to perform the employment obligations. As mentioned previously once again the employer must give the employee a warning and a chance to improve before dismissing them. Wrongful dismissal occurs when the employer terminates the employee without just cause, without reasonable notice, or if the employee has been constructively dismissed. In all situations the employer is at legal risk by the employee. If legal action is taken against the employer, the employee may be entitled to the following: the amount of salary he/she woul d have received as part of reasonable notice, benefits the employee would have been entitled to during the notice period, other damages for losses, and punitive damages if the employer acted in bad faith. In conclusion, employers or managers should consider all areas of employment law when beginning new employment relationships to minimize legal risks. Employers must remember that the onus of proof is on them to show, that the employee breached the employment contract. When potentially dismissing employees, employers must be positive that there is just cause for termination and their judgment is based on either breach of contract or poor job performance rather than personal differences. Don’t waste time! Our writers will create an original "Written or Oral Contracts" essay for you Create order

John Steinbeck s Of Mice And Men - 1916 Words

Loneliness is a powerful yet important emotion we experience in our human nature. Without having the need to commit a single action, being on our own reveals our deepest desire to love and to also be loved but whilst the feeling is universality known, not even the strongest of humans can completely avoid which can often bring the feelings of shame and weakness when an individual does admit they are feeling alone and that is what Of Mice and Men showcases as it explores various characters and their paths to adjust to insurmountable loneliness that was faced during The Great Depression. Written by American author, John Steinbeck and inspired by the economic recession during the early 1930’s, Of Mice and Men tells the story two migrant†¦show more content†¦Their intentions of securing a better future for the both of them revolved around a fantasy based dream that was nothing more than a means to escape the economic hardships and surging poverty that constantly faced work ers like them. Glorified greatly and continually by one of the stories’ protagonists George Milton, the story’s plot showcased that the dream was unrealistic and irrational as well as making it extremely unlikely for the men to afford even the most basic human rights. The author embeds the symbol of the dream farm that is heavily mentioned by George and Lennie, which later proves that the hope for a sanctuary was nothing more than a mirage, overshadowed by the seductive nature of the dream which lures both the characters and the reader, deceiving them into believing that a paradise where all men are masters of their own lives and have protection from the cruelties of the outside world is possible. The story was heavily influenced by the notorious economic event The Great Depression affecting millions of people during the 1930’s and the complex ideals of The American Dream which shares the tale of George and Lennie, a pair of migrant

Social Research on Health

Questions: 1. Examine why this health issue is more of a problem in the particular community at risk compared to others?2. How do the rates of disease or the health condition differ for the population you chose compared to the overall U.S. population? 3. Discuss how different factors influence this health problem? Answers: Problem Cancer is associated with the abnormal and uncontrolled growth of the cell in the particular tissues of the body. When cancer occurs in the breast, then it is termed as breast cancer. A breast is consists of glands, connective tissues, and ducts. The common kinds of breast cancers are associated with ductal carcinoma and lobular carcinoma including uncommon breast cancer as inflammatory breast cancer. In ductal carcinoma, the cancer cells are spread into other portion of the breast tissue from a ductal cell line. Lobular carcinoma only found in breast lobules. The visible changes associated with breast cancer includes redness in the breast skin, the formation of new lumps that results in swelling and pain in some areas (www.cdc.gov). The biological reason for the breast cancer is concerned with changes in the breast cancer genes namely BRCA1 and BRCA2. Factors that increase the risk of breast cancer are radiation therapy treatment, family history of breast cancer, previous history of breast diseases. In the United States, the second common cancer occurs is breast cancer. Studies have shown that every year in an average of 230,000 new cases of breast cancer in women being registered in the US. Most of the breast cancer occurs in the women who are 50 years old or above. But recently 11% of new cases are associated with the women younger than 45 years of age (womenshealth.gov). Breast cancer is a crucial health issue for Asian-American women, and it is the most commonly diagnosed cancer type among them. It is also the leading cause of the death of Filipino women. Adaptation of Western lifestyle may be the key reason for the high rate of breast cancer (www.cancer.gov). 1. Community at Risk The occurrence of breast cancer is higher in Asian-American women. It has found that the Japanese-American women are very much prone to have the highest breast cancer rate among other Asian-American. Asian American women get the breast cancer more frequently compare to the other Asian counterparts. Studies have shown the women who are migrating from the native land to the United States are developing the risk of having breast cancer six times higher. The Asian women are reported with lowest breast cancer incidents but the Asian women who have spent about one decade in America have 80 percent higher rate of breast cancer compare to the new immigrants. In the case of some Filipino American subgroups the breast cancer has become a leading cause of death. If the breast cancer monitored at the early stages, then it can offer a chance of survival. But the Asian American women are least interested in performing a mammogram. Compare to other racial groups the Asian American women have the lo wer participation rate in the self examination of breasts. Considering the example of Chinese Asian American, it has found the in China the occurrence of breast cancer in women is 18.7 among 100,000 people but in the United States, the rate is 55 per 100,000 people. Researchers have highlighted the reason for the increased rate of breast cancer is an adaptation of Western lifestyle. Intake of any particular type of food regularly in the diet is another cause of increasing breast cancer rate. The western food habit affects the estrogen receptors in the breast that result in tumor formation, and it results in 90 percent increase in breast cancer rate. The western dietary habit may contain some ingredients that increase the mutation rate to DNA and results in hormonal function change to altered cell proliferation. Apart from the Western lifestyle habit the community is facing the problem of increased rate of breast cancer due to irregularity in menstruation cycle, overweight problem, lower physical activity, and smoking and drinking habit (Wen et al., 2014). 2. Health Statistics As stated by DeSantis et al. (2014), the rate of breast cancer is different in the Asian American women compare to the overall United States population. It has found that the breast cancer rate in African American women is relatively high among the women who are less than 45 years of age, but the rate is comparatively lower than Asian American women. African American community is less likely to get proper health care, and that result in the long lasting breast cancer problem. Comparison with Latino community has revealed that the occurrence of breast cancer in women is almost same that of the Asian American community. But the death rate is comparatively low in the Latino American community. The community is prone to breast cancer due to unaware about the healthy lifestyle and prevention measures of the disease. American Indian and Alaska Natives have the least rate of breast cancers, and the death rate is also very low compare to the Asian American. One major cause for this is that a majority of American Indian have no access to the health facilities. Breast cancer is also prominent in the Native Hawaiian, and Pacific Islander women but the rate of occurrence vary between different women groups. The tumor in Hawaiian women found at later age compares to Asian American women. The overall breast cancer statistics of US has shown that the incidence of breast cancer is 127.8, and the rate of death due to the disease is 25.5. The Asian American women have the rate of breast cancer 89.0 per 100,000 and the death rate due to this cancer is 12.6 per 100,000. However, the White women community has the highest rate of having breast cancer 132.5 per 100,000 women in the United States (www.nlm.nih.gov). 3. Influencing Social Factors There are various factors like culture, immigration, gender, disability, socioeconomic that are responsible to influence the healthy well-being of individuals in Asian American community. Each community has their cultural interest, and North America is having the population of various Asian communities like Chinese, Japanese, Korean, Indian, Indonesian, Laotian, etc. These groups are growing at a faster rate. Asian American community usually faces problems to establish their cultural identity in the American cultural society. And thus, they often chose to adopt the Western culture. That makes the Asian people vulnerable to breast cancer (Gomez et al., 2014). As mentioned already, the Asian American community is comprised of several races, which brings their cultural aspects and different disease history. The disease history of several races contributes to the formation of breast cancer. The breast cancer is common in women rather than men. Breast cancer is quite rare in men. It has reported that every year 2,300 new cases of breast cancer found in men (Gomez et al., 2012). A large portion of immigrants in the United States are from Asian countries. Researchers have indicated that the immigration results in health access problems. Illegal immigrants avoid the health facilities of the US due to the fear of discovery. Asian Americans with disabilities are very much prone to the breast cancers. The problem of obesity plays a key role in promoting cancer more (Vasireddy, 2016). As stated by Gomez et al. (2013), sexual orientation is another parameter that determines the rate of breast cancer. It has found that the lesbians are less prone to have breast cancer. The occurrence of breast cancer rate is higher if the parents have a record of breast cancer. The Asian American communities have 20% breast cancer inherited from the parents. Socioeconomic condition of the community restricts the individuals to access the health facilities (Jabson Bowen, 2014). The individuals with low earning suppose to get poor health care coverage in the Asian American community. Thus, the people of the community avoid the regular health checkups (minorityhealth.hhs.gov). Recommendations The exact cure of the breast cancer in not known yet. But there are several things that can reduce the risk of breast cancer. The Asian American women have to follow the breast cancer screening tests regularly. It is mandatory to record the mammogram data at regular intervals. Mammogram data will help to recognize the early stages of the breast cancer for which proper treatment is available. Two common tests for the breast cancer screening are- Mammogram which is a safe low-dose x-ray examination to find out changes in the breasts. Individuals need to record the mammogram data in every 1-2 years. Asian American women need to follow the physicians advice to perform the first mammogram before the age of 40 (Yaghjyan et al., 2013) Clinical breast exam refers to the routine check up for detecting formation of lumps or other unusual things. Apart from the screening test, the Asian American women have to concern about the health status. The people need to maintain the body weight under normal parameter and maintain a healthy diet consists of vegetables and fruit and avoid drinking alcohol (Oztunc et al., 2013). If an individual keeps physically active by regular exercise, then it will reduce the risk of breast cancer. The Asian families having children need to breast feed the children for a long period to reduce the risk. It is also recommended to the Asian American women to avoid the estrogen-blocking drugs and give up smoking. Studies have found that menopausal hormone replacement therapy increase the rate of breast cancer. Therefore, it is mandatory to avoid the replacement therapy and use hormonal gels for safer use. Furthermore, the women who have removed both breasts have a lesser risk of 90 percent to have breast cancer. So the prophylactic surgery is the appropriate option to avoid the minimal risk of breast canc er. References CDC Works 24/7. (2016).Centers for Disease Control and Prevention. Retrieved 22 March 2016, from https://www.cdc.gov/ Comprehensive Cancer Information. (2016).National Cancer Institute. Retrieved 22 March 2016, from https://www.cancer.gov/ DeSantis, C., Ma, J., Bryan, L., Jemal, A. (2014). Breast cancer statistics, 2013.CA: a cancer journal for clinicians,64(1), 52-62. Gomez, S. L., Glaser, S. L., Horn-Ross, P. L., Cheng, I., Quach, T., Clarke, C. A., ... Satariano, W. A. (2014). Cancer research in Asian American, Native Hawaiian, and Pacific Islander populations: accelerating cancer knowledge by acknowledging and leveraging heterogeneity.Cancer Epidemiology Biomarkers Prevention,23(11), 2202-2205. Gomez, S. L., Noone, A. M., Lichtensztajn, D. Y., Scoppa, S., Gibson, J. T., Liu, L., ... Goodman, M. T. (2013). Cancer incidence trends among Asian American populations in the United States, 19902008.Journal of the National Cancer Institute,105(15), 1096-1110. Gomez, S. L., Press, D. J., Lichtensztajn, D., Keegan, T. H., Shema, S. J., Le, G. M., Kurian, A. W. (2012). Patient, hospital, and neighborhood factors associated with treatment of early-stage breast cancer among Asian American women in California.Cancer Epidemiology Biomarkers Prevention. Home Page - Office of Minority Health (OMH). (2016).Minorityhealth.hhs.gov. Retrieved 22 March 2016, from https://minorityhealth.hhs.gov/ Jabson, J. M., Bowen, D. J. (2014). Perceived stress and sexual orientation among breast cancer survivors.Journal of homosexuality,61(6), 889-898. National Library of Medicine - National Institutes of Health. (2016).Nlm.nih.gov. Retrieved 22 March 2016, from https://www.nlm.nih.gov Oztunc, G., Yesil, P., Paydas, S., Erdogan, S. (2013). Social support and hopelessness in patients with breast cancer.Asian Pacific Journal of Cancer Prevention,14(1), 571-578. Vasireddy, S. (2016). Factors affecting breast cancer a study of socio economic profile of a patient in hospital setting. Wen, K. Y., Fang, C. Y., Ma, G. X. (2014). Breast cancer experience and survivorship among Asian Americans: a systematic review.Journal of Cancer Survivorship,8(1), 94-107. Womenshealth.gov. (2016) Retrieved 22 March 2016, from https://womenshealth.gov/ Yaghjyan, L., Colditz, G. A., Rosner, B., Tamimi, R. M. (2013). Mammographic breast density and subsequent risk of breast cancer in postmenopausal women according to the time since the mammogram.Cancer Epidemiology Biomarkers Prevention,22(6), 1110-1117.