Question

The Teamsters Union is attempting to organize the drivers at We Haul trucking company. Workers who favor a union have been using the lunchroom to hand out petitions and urge other drivers to sign authorization cards. The company posts a notice in the lunchroom: “Many employees do not want unions discussed in the lunchroom. Out of respect for them, we are prohibiting further union efforts in this lunchroom.” Is this sign legal?

FedEx gave Marcie Dutschmann an employment handbook stating that (1) she was an at will employee, (2) the handbook did not create any contractual rights, and (3) employees who were fired had the right to a termination hearing. The company fired Dutschmann, claiming that she had falsified delivery records. She said that FedEx was retaliating against her because she had complained of sexual harassment. FedEx refused her request for a termination hearing. Did the employee handbook create an implied contract guaranteeing Dutschmann a hearing?

Peter Oiler was a truck driver who delivered groceries to Winn-Dixie stores. He revealed to his boss that in his free time he liked to dress as a woman, even though he was happily married to a woman. Oiler had been diagnosed with transvestic fetishism with gender dysphoria and a gender identity disorder. Winn-Dixie fired him for fear that, if customers found out, they would go elsewhere to buy their groceries. Does Oiler have a claim against Winn-Dixie?

Ryan could not stay awake at work—and was unable to remember and keep track of key parts of his job. When questioned, he told his boss that he had sleep apnea, a sleep disorder that causes a person to stop breathing during sleep. His report from his doctor said that it was possible Ryan did have sleep apnea, but there was no definitive diagnosis because Ryan refused to take the necessary tests. The report also said that Ryan’s sleepiness could be caused by bad habits, like irregular sleep times, a poor diet, and heavy caffeine consumption. What legal obligations does his employer have to Ryan? Can Ryan be fired?

Answer 1

- An organization has the legitimate option to communicate their enemy of association sees; be that as it may, they can not bar conversations about an association. Under the National Labor Relations Act, an organization isn't permitted to restrict coordinated exercises, except if they meddle with the business. Endeavoring to arrange into an association during lunch doesn't meddle with the business tasks. The sign that was posted by We Haul is illicit as per the NLRA.

- FedEx's representative handbook created an inferred agreement that would ensure Dutschmann a conference. Organization handbooks are made with the goal of a representative depending on it's guarantees, rules and so on. The handbook plainly expresses that whenever terminated a worker has the option to an end hearing. A court will uphold a guarantee that is made in employing whether it was composed or oral. FedEx ought to be cautious right now Dutschmann could guarantee reprisal

- Oiler has a case against Winn-Dixie under Title VII of the Civil Rights Act. Dwindle Oiler was victimized for his sexual articulation which is ensured under Title VII sex and character articulation. Oiler ought to likewise guarantee dissimilar treatment. This is an at first sight case since Oiler can demonstrate that upon first look, Winn-Dixie oppressed him for his sexual articulation While managers do reserve an option to fire or control for off the clock lead, they can not separate.

- Under the Americans with Disabilities Act, Ryan is viewed as having an inability, rest apnea. He has educated his manager regarding this condition when he was gotten some information about his exhibition. His manager should make sensible lodging for Ryan, similar to low maintenance/adaptable calendar. This could take into consideration Ryan to play out the fundamental elements of his activity. His boss should remember that terminating Ryan without making sensible facilities could prompt a segregation case under the ADA. They ought to likewise realize that the facilities for Ryan ought not make undue hardships for their organization.