Human Resource Management Law Example

Human Resource Management Law Example 1. There is a page in the Companys Employee Handbook that states that anything brought onto the Companys property, including the employees themselves, is subject to random search for items belonging to the Company. There is a space for the employee to acknowledge receipt of this notice. Mr. Yourprop has a copy of the handbook but never signed the page. Does that matter? Explain. Even though it is best practice to have an employee sign any company polity or handbook, it is not required by law. Handbooks should also be signed if there are any major updates to the company policies and procedures. Because the handbook outlines the policies and procedures of the company, it is important for the employees to acknowledge and promise to abide by them. The acknowledgement of the company policies and procedures can create an employment contract between the company and the employee. It there is ever an issue between the company and the employee, the acknowledgement ensures that the employee was aware of the companys policies and procedures. It is often misunderstood that be refusing or forgetting to sign the handbook means that an employee is longer held responsible for following the companys policies contained in it. A company cannot force an employee to sign the acknowledgment. However, they can get supervisors to sign for them stating that the employee received the handbook. Should a legal issues come up, the company has proof the employee was aware of the policies and procedure of the company. (Employee Handbooks, 2014) 2. Can you (or Mr. Yourprops supervisor) search Yourprops assigned locker in the Companys on-site gym for digital evidence? Support your answer. The lockers are owned by the company and are provided to the employee for their convenience. Most likely the companys handbook would include policies regarding the use of all of the facilities owned by the company and provided to the employee, including a provision to search such facilities. Mr. Yourprop is believed to be in possession of stolen material, creating reasonable suspicion. In the case of OConnor v. Ortega, 480 U.S. 709 (1987) in regards to administrative searches at the workplace, the Supreme Court ruling stands that à ¢Ã¢â€š ¬Ã‚ ¦only reasonable suspicion is necessary for search to be conducted. (Wikipedia, OConnor v. Ortega) 3. Can you (or Mr. Yourprops supervisor) use a master key to search Yourprops locked desk after he has left the premises for digital evidence? Support your answer. This question, like the previous one, poses the same dilemma. The fact that the supervisor has a master key and can search different areas of the building was most likely included in the company policies. To conduct a search of a private property, a search warrant would be needed. Mr. Yourprop can also argue that the desk is locked and he has a reasonable expectation of privacy. However, the equipment in question is not the property of Mr. Yourprop and so a search warrant is not needed and so he cannot have a reasonable presumption of privacy. (Solomon, 2012) 4. Makestuff Company uses a security checkpoint at the entrance to the building. A sign adjacent to the checkpoint states that the purpose of the checkpoint is for security staff to check for weapons or other materials that may be detrimental to the working environment or employee safety. Screening is casual and usually consists of verification of an employees Company ID card. Can security staff at this checkpoint be directed to open Mr. Yourprops briefcase and seize any potential digital evidence? Support your answer. Employee searches require a delicate balance of the employees rights and those of the business. The Fourth Amendment provides protection against unreasonable search and seizure of their persons, homes, and personal property. This applies to the government, and public work place, however, most private employers are exempt. Private business are allowed a number of techniques when they suspect misconduct. Private employers are allowed random searches of employees personal property such as lunchboxes, purses, briefcases and coats with advance notification. Also, electronic monitoring, surveillance and similar searches would require an employer provides notice to employees of such activity. (Garber, 2008). The company already has this policy in both the handbook and includes a sign at the entrance warning all visitors of their policy. Given that during the exit interview, Mr. Yourprop used language that could be interpreted as having committed criminal activity, the employer already has p robably cause for a search. (King, 2005) 5. Can you (or Mr. Yourprops supervisor) search Yourprops personal vehicle currently parked in the Company parking lot for digital evidence? Support your answer. In this case, the company has a legal right to search the employees vehicle while it is in the company spaces. The company has a policy in place that informed employees that it reserved the right to perform searches on employees to ensure proper policies and procedures are being followed. In this case, the company is trying to protect sensitive data which could be detrimental to the company if stolen. Generally, private employers can also perform personal property searches as long as advance notice is provided to the employee. A search of the vehicle parked on the companys premises is not unreasonable given that the employee was given notice of the potential for vehicle searches and the apparent suspicion of his job-related misconduct. (Workplace Searches, 2015). 6. If evidence of the theft of intellectual property is found, Makestuff Company may seek to pursue criminal prosecution. Can Mr. Yourprops supervisor require local police investigators to search his personal vehicle which is parked on the Company parking lot? Support your answer. The supervisor can legally direct local police to search the employees personal vehicle. The supervisor will notify to police that the vehicle is parked on company property and also contains evidence of criminal activity against the company. The search without a warrant of an automobile does not violate the Fourth Amendment. In 1925, in a case of Carroll v. United States (267 U.S. 132), the Supreme Court ruled that The warrantless search of a car does not violate the Constitution. The mobility of the automobile makes it impracticable to get a search warrant. (Wikipedia, Carroll v. United States). References: 1. Society for Human Resource Management (2014), Employee Handbooks: Should employees be required to sign an acknowledgment form for the employee handbook? What if an employee refuses?, Retrieved on March 28, 2016 from: http://www.shrm.org/templatestools/hrqa/pages/signeehandbook.aspx 2. Wikipedia, OConnor v. Ortega, Retrieved on March 30, 2016 from: https://en.wikipedia.org/wiki/OConnor_v._Ortega 3. Solomon, M. (2012) Computer Forensics JumpStart, 2nd Edition 4. Garber, John E. (2008). Introduction to the human resources discipline of workplace safety and security, Retrieved on Retrieved on March 30, 2016 from: https://www.shrm.org/templatestools/toolkits/pages/introsafetyandsecurity.aspx 5. King, G. (2005), A Public Employers Right to Search in the Workplace, Retrieved on April 2, 2016 from: https://www.mml.org/insurance/shared/publications/leaf_newsletter/right_to_search.pdf 6. Workplace fairness, Workplace Searches, Retrieved on April 3, 2016 from: https://www.workplacefairness.org/workplace-searches 7. Wikipedia, Carroll v. United States, Retrieved on April 3, 2016 from: https://en.wikipedia.org/wiki/Carroll_v._United_States

Two Themes of George Bernard Shaw’ s Plays “Arms and the Man”

Arms and the Man is one of George Bernard Shaw†s successfully written plays that have become predominant and globally renowned. Shaw†s play leads itself to two themes that people can relate to, which are the importance of war and the essentials to true love and marriage. These themes are interwoven, for Shaw believed that while war is evil and stupid, and marriage desirable and good, both had become wrapped in romantic illusions which led to disastrous wars and also to unhappy marriages. 1 The theme of war applies itself into the plot within the first few pages of the melodrama, when the Bulgarians are at war with the Serbs. Romance is portrayed by the humorous and ironic relationships of Raina, Sergius and Bluntschli. Unfortunately, due to society†s lack of comprehension and failing to learn from our past errors, we are destined to repeat the majority of them. Another act of ignorance found in this play is the attitude of the Petkoffs towards their material advantages and their possessions of wealth, bringing them personal superiority. Arms and the Man is â€Å"as fresh and up-to-date today† as when Shaw first produced his play in 1894. 2 War is an unfortunate condition that exists when a group feels its vital interests are at stake and seeks to impose its beliefs or control on a rival group through the use of overt force. Shaw was a socialist and an ardent pacifist. 3 He did not agree to the idea of war, and he wrote about it to warn us, future generations, not to commit the same crime. The romantic view of war (he held) is based on the idealistic notation that men fight because they are heroes, and that the soldier who takes the biggest risks wins the greatest glory and is the greatest hero. Raina had imagined war as an exciting sport; after talking with Captain Bluntschli, one of the defeated, she now sees it as a dreadful reality. 5 Sergius, too, has learned something of the realities of war, and is so disgusted by them that he has sent in his resignation, saying ‘Soldiering†¦ is the coward†s art of attacking mercilessly when you are strong, and keeping out of harm†s way when you are week. â€Å"6 This theme of war helps Shaw†s Arms and the Man to continue as a fresh and current play, as it was in 1894. The battle of Slivnica was remarkable mainly for its surprise ending wherein the Bulgarians defeated the invading Serbians much more by good luck than good management, and went to ally themselves with Austrian Hungary thereby bringing World War I one small step closer. 7 Many other wars have taken place since then, and yet man has still to learn that war is not the answer. The romance in the play is portrayed by the humorous and ironic relationships of Raina, Sergius and Bluntschli. In Arms and the Man Raina Petkoff intends, at the time the play opens, to become the wife of Major Sergius Saranoff, who is then away fighting the Serbs. News has come home to Raina and her mother that Sergius has ridden bravely at the head of a victorious cavalry charge, and Raina rejoices because she can now believe that her affianced is ‘just as splendid and noble as he looks! That the world is really a glorious world for woman who can see its glory and men who can act its romance! † In the opening scene of the play, after adoring Sergius† portrait, Raina goes to bed murmuring ‘My hero! My hero! † This is a romantic view of life, but then reality suddenly breaks in upon her. An enemy solider, Captain Bluntschli the â€Å"chocolate-cream soldier†, escaping from gunfire in the Bulgarian countryside, scales the balcony of a mountain estate and lands in the bedroom of a young woman whose father and fiance are fighting on the front. He is desperate through exhaustion and fear, and Raina sneers at him. Nevertheless, when the pursuers come to search the house, Raina hides the fugitive and denies having seen him. She also feeds him chocolates, they are his passion; he carries them – like all professional soldiers, he says – into war instead of bullets. Bluntschli is Shaw†s affectionate parody of a Swiss pragmatist, level-headed and unemotional. It amuses Shaw to discombobulate him by placing him, initially, in a situation where his reasonableness cannot help him much. Raina no longer thinks of war as a romantic game, nor does she any longer think of marriage as the mating of a beautiful heroine and a ornamental and fickle Sergius. She takes as her husband the plain Bluntschli, whose common sense and six hotels in Switzerland will give her stability and comfort. The realities of love and marriage become one of the most frequent themes in Shaw†s plays throughout the remainder of his long life. 9 The complexities of love and marriage has not changed much over the years. For example, love and relationships were just as obscure in 1894 as they are in 1998. This makes Shaw†s play recent and the issues it deals with are understandable. Shaw believed that it was foolish to act as though the possession of wealth, or any other material advantages, is a sign of personal superiority. People may not any longer think it impressive to have an electric bell in the house, but there are countries nowadays where families with television sets and motor cars feel just as stupidly proud as the Petkoffs did with their bell and library. 10 Many people world-wide today consider themselves above others and look down on those with less materialistic possessions, as if they were inferior. Having more materialistic possessions and wealth does not necessarily mean it will bring you happiness, this is not the reality of life at all. As a mater of fact, those with less materialistic treasures tend to live a happier and peaceful life. This is because their efforts are not concentrated on wealth but rather on family and friends who support each other. Money and wealth can control a person to become greedy and require more. It is much better to live a life of harmony and peace, blessed for what to have, than to live worrying about the things that you do not have. That is a lesson Shaw is trying to teach us. We should learn from the Petkoffs and acquire a better attitude towards life and its materialistic treasures. If history repeats itself, and the unexpected always happens, how incapable must Man be of learning from experience? † – George Bernard Shaw. Furthermore, Arms and the Man is â€Å"as fresh and up-to-date today† as when Shaw first produced his play in 1894. Shaw†s play leads itself to two themes that people can relate to, which are the importance of war and the essentials to true love and marriage. The theme of war applies itself into the plot within the first few pages of the play, when the Bulgarians are at war with the Serbs. Romance is portrayed by the humorous and ironic relationships of Raina, Sergius and Bluntschli. Shaw believed that it was foolish to act as though the possession of wealth, or any other material advantages, is a sign of personal superiority. Moreover, Arms and the Man is a successful play and will continue to prosper due to the nature of its themes, war and romance being contemporary with today†s society. Perhaps Shaw's best ability might have been his ability to attract attention to himself, his ideas, and his works. This ability never failed him.

Comparison Essay: Susan Glaspell’s “the Jury of Her Peers”

Susan Glaspell’s â€Å"The Jury of Her Peers† and Eudora Welty’s â€Å"A Worn Path† are great examples of the use of symbolism in short story literature. â€Å"The Jury of Her Peers† tells the story of a murder investigation that takes place in Dickson County in the 1910’s, in which Minnie Wright is the main suspect. Welty’s piece, on the other hand, is a narration of an old black woman’s long journey to get her sick grandson a Christmas present, a selfless deed on Phoenix’s behalf. In both stories, the use of symbolism is clearly reproduced, in a similar manner, to develop the character and the situation.However, the depth and the complexity of those symbols, provides â€Å"A Worn Path† with a much better content-symbol relationship, which in turn, works better for the plot of the story. A character’s personality and main traits are amongst the most important elements in any literary piece and the use of sy mbolism is an excellent tool toward accomplishing roundness in a character. In â€Å"The Jury of Her Peers†, the bird (a canary) is the symbol used to describe Minnie’s character as â€Å"Real sweet and pretty, but kind of timid and – fluttery† (208).This symbol embodies Minnie before she got married and was taken away by her husband to live in total isolation. Although the symbol is well presented in the story, it is done so in a literal way, which takes away from the meaning and interpretation to be given by the reader. The female characters in the story make allusion, in parts of their speech, to this symbol. This can be observed when one of the characters (the sheriff’s wife) says â€Å"She [Minnie] – come to think of it, she was kind of like a bird herself† (208), which covers in a few words, the meaning of the bird symbol.In contrast, in â€Å"A Worn Path†, the meaning of the symbol proposed to define the main character, is implied rather than literarily presented. Phoenix, which is the protagonist’s name, is also a mythical bird that is characterized by its strength, long life and the ability to rise from its own ashes after it dies. This interpretation, or any other that can be drawn in accordance to different mythologies, is not mentioned in any way along the story. It is implied and can only be deduced through the knowledge of the protagonist’s determination and drive.As she travels â€Å"up through pines† (6) and â€Å"down through oaks† (6), this old lady never even considers giving up and returning home empty handed. Similarly, the situation presented in both stories is also exposed through the use of symbolism. In â€Å"The Jury of Her Peers†, this symbolism is introduced in the form of a cage, which is home to Minnie’s canary but, at the same time, represents her current situation. The symbol in this case is used to show the isolation and confinemen t in which Minnie is living â€Å"down in a hollow†¦ lonesome place† (198). It is a universal symbol and, as such, can be easily interpreted. However, it is not a very deep one; it is does not take much effort for a reader to realize its meaning. In contrast, â€Å"A Worn Path† uses an authorial symbol, which only applies to the context of the story. This in no way means a better way of presenting the situation, but the way the symbol is put in the story does give it a deeper meaning. The paper windmill is, in this context, set to represent Phoenix’s situation.She is a â€Å"very old and small† (1) woman, frail and poor, which is exactly what the paper windmill is used to symbolize, a very fragile and cheap object. This symbolism can also be analyzed from Phoenix’s grandson’s point of view, as to him, it would be a symbol of generosity and kindness. No matter how poor they are, his grandmother spent money and effort to surprise him. As old Phoenix told the nurse in town, â€Å"He going to find hard to believe there such a thing in the world†, such is his perception of his grandmother.As shown before, symbolism is a great tool that, when used properly, can provide a short story with a lot of meaning and depth. It is an excellent way to imply significance to a simple element in a story and to provide a deeper sense of the reality to the reader. Welty’s piece, â€Å"A Worn Path†, achieves a higher level of connotation than Glaspell does in â€Å"The Jury of Her Peers†, where the meaning of the elements used as symbols are either explained within the piece, or too simple to have a deep meaning.Also, the combination of universal and authorial symbols provides â€Å"A Worn Path† with more ideas and conclusions to be drawn from the symbols presented. In conclusion, Welty makes better use of symbolism to accomplish a more complete piece. â€Å"A Worn Path† is an excellent example of the proper use of symbolism to deliver a story that is both deep and interesting. It provides the reader with an attention-grabbing plot as well as, implied ideas that give the reader a better sense of the significance of the symbols used without actually explaining them.WORK CITED Glaspell, Susan. â€Å"The Jury of Her Peers†. Literature: An Introduction to Reading and Writing. Ed. Edgar V. Roberts and Robert Zweig. 5th Compact ed. Toronto: Pearson Longman, 2012. 170. Print. Welty, Eudora. â€Å"A Worn Path†. Literature: An Introduction to Reading and Writing. Ed. Edgar V. Roberts and Robert Zweig. 5th Compact ed. Toronto: Pearson Longman, 2012. 270. Print. APPENDICES OUTLINE I. Introduction: Thesis statement the use of symbolism is clearly reproduced, in a similar manner, to develop the character and the situation.However, the depth and the complexity of those symbols, provides â€Å"A Worn Path† with a much better content-symbol relationship, which in turn , works better for the plot of the story. II. Body: A. First paragraph * Key idea: use of symbolism to define the protagonist. * â€Å"The Jury of Her Peers† * â€Å"A Worn Path† B. Second paragraph * Key idea: use of symbolism to set the situation in the story. * â€Å"The Jury of Her Peers† * â€Å"A Worn Path† C. Third paragraph * Key idea: Personal opinion on which story uses symbolism best. III. Conclusion The essay is summarized and a conclusion is presented from the points exposed throughout its content.

The Criminal Justice System Should Not Be Legal Essay

In the criminal justice system innocent people are being wrongfully convicted of crimes that they had no part of. This defies the very purpose of having a criminal justice system. The following research addresses the reasons for wrongful convictions in relation to being represented by public defenders. This is important because once it is determined why wrongful convictions occur when represented by a public defender; reform within the public defense council can be implemented. The average time a person loses in prison or jail that has been wrongfully convicted and later exonerated is 8.8 years of their life (National Registry of Exonerations). This topic can help assure those who are innocent and are being represented by a public defender, will remain innocent. The justice system should not be tailored only to those who can afford private council. Justice is something that should always be achieved in our criminal justice system. Unfortunately, this is not the case. 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