Question

For this assignment you will either review an organization for which you currently work, or find a case study to review. Write an essay, 1100-1400 words using proper APA formatting on the following How are each of the following issues addressed in the organization? Do you have any suggestions for improvements? Restrictive covenants such as non-competition, non-solicitation provision Access and use of technology resources Access and use of confidential and proprietary information Transfer of intellectual property work product Performance evaluation Discrimination Health and Safety Standards

Answer 1

Restrictive covenants: A restrictive covenant is typically a clause in a contract which prohibits an employee from competing with his ex-employer for a certain period after the employee has left the business, or prevents the ex-employee from soliciting or dealing with customers of the business by using knowledge of those customers gained during his prior employment.

Non-Competition Agreements

Non-compete agreement is a clause or agreement that to limit the former employee’s ability to work for a competitor or open a competing business.

This clause will not work for me as a daycare worker. Daycare workers have a right to work for a competitor or open their own daycare when they have all required documents and qualifications. In this clause they are many point that an ECE (early childhood Educator can profit from and make his/her own daycare like:

• Vulnerability of the employer to competition or solicitation
• How much confidential information the employee had access to during their employment and how much confidential information they know about a key client
• How close the employee was with key clients – For example, how much service did they provide, and did they provide it exclusively?
• How much damage could a competing or soliciting employee do in the same market as the employer
• How long the employee has been with that employer
• Whether the employee had influence over clients – For example, did the clients rely on the employee’s advice and trust the employee?
• The nature of the business with respect to the strength of customer loyalty

These aspect that the court us to determine if a non-compete agreement is necessary an ECE can use them to create his/her own business in daycare field. Daycares are under the ministry of education and they are controlled by the provincial government, health care unit and the College of Earl childhood Educators. They have the same education, health and security standards and the rules and regulations are the same a difference will be based on their internal regulations. In this case the business will not be vulnerable as the ministry will direct you where to open a daycare depending on a number of parents in need pf a daycare in that area. There is a home daycare which can be opened anywhere even next door to another daycare, but it will have to be under a licensed organization like wee watch then this organization will monitor your daycare.

Based on all these aspect as a daycare worker I work under a Non-Solicitation Agreements.

Day care workers are under this agreement as it is an agreement that allow a former employee to work for a competitor but prevent them from soliciting the clients of their former employer for a specific period. Former employees may have close relationships with clients. Allowing them to solicit these clients may give them an unfair advantage against the former employer in the marketplace. If the employee does not solicit the client, but the client leaves to follow them anyway, there is little an employer can do.

Access and use of technology resources: Wdaycare workers are not really exposed to the technology at work. They use it at home when they are planning their daily activities as most of them are found on internet. This is a Barrie on our right, we use our own time to search for our work activities, which impact our private time at home, this depend on a day care to another some daycare offer 30 minute by week to access internet at work.Daycare must give enough time for their workers to access internet to prepare their daily activities this will be benefice for the children and families because their children will learn a lot.

Access and use of confidential and proprietary information: Some information like personal information of the children and their families are disclosed to the workers, and they must keep these information’s confidential. This information is shared between daycare worker to protect the children in case of medical administration, allergies, and to avoid that any one can pick the children illegally. This aspect is a little bit not fair where there is no way to prove if there is a lack of confidentiality they may be a limit on what workers can know about a child. One day I a child was verbally abused based on a status of her parent but there is no way to defend it due to lack of proof. Having access to all personal information of the children might be limited.

Day care workers are the second care givers for the children and they have to create a solid relationship with them and their parent to help to feel comfortable during their stay in a daycare.

As a daycare worker I am requested to have some qualities and qualifications like:

• Provides a safe and nurturing environment while promoting the physical, social, emotional, and intellectual development of young children.
• Passion for early childhood education: ...
• Patience and a sense of humor: ...
• Creativity: ...
• Communication skills: ...
• Flexibility: ...
• Understanding all children are different:(CODE DE DEONOLOGIE)

All these qualities are monitored by the ministry of education and the college of early childhood by registering all educators and renew their registration each year. When renewing their application or registration they provide their portfolio to the College of Early Childhood Educators, then it will evaluate what they did during that year to see their improvement and capacity. This is a good move as it will help all educators to be qualified and more they are qualified and monitored more the children are safe I daycares based on quality services provided.

Transfer of intellectual property work product: This is not respected in daycare as we must share all we found helpful. I understand that what we do are planed and supervised by the ministry of education and the College of Early Childhood Educators but in many daycares, people invent their strategies that help them to keep children more safe and comfortable, but we must share them with other workers freely.

Performance evaluation: This is done by the ministry of education health unit and the College of Early Childhood Educators. All these organisms are there to protect the public (children and their families). They might be syndicate or a union for ECEs to protect their interest and their rights. They are all requested to be in The College of Early Childhood Educators, but it is in favor of the parents not for educators. Our rights are half protected as the college can a little to help us but not all as a union or a syndicate can do it.

Discrimination: There is no discrimination when applying to work or put your child in daycare. If you meet all the requirements requested by the ministry of education and the College of Early Childhood Educators, you are free to work in a daycare which is good.

Health and Safety Standards: This is monitored by ministry of education and the health unit, it is good as it protects all the children and adult to get infected. EX: they are many restrictions on infectious illness: let’s say that a child has a pink eye, he/she can not stay because he can infect others, the same as diarrhea, chickenpox…. The safety depends on a daycare to another but they all based on the ministry’s rules and regulation about protecting workers and children in a daycare. For more information see.

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