Question

"Terminating and Downsizing"  Please respond to the following:

1. Choose two (2) factors from those discussed in the textbook that may cause a possible breach of an implied contract. Suggest two (2) strategies that an employer may use to avoid these possible breaches from occurring. Justify your response.

2. Select two (2) of the following acts: National Labor Relations Act (NLRA), Worker Adjustment and Retraining Notification (WARN) Act, Reduction in Force (Age), Age Discrimination in Employment Act (ADEA) and Older Workers Benefit Protection Act (OWBPA). Determine two (2) major challenges that each of the selected acts may cause within an organization, and then outline a plan to prevent the challenges from adversely affecting the organization or employees. Justify your response.

NEEDED ANSWERING LIKE ASP!!!!

Answer 1

A breach of an implied contract entails the failure, devoid of any legal excuse, to realize an agreement or promise mentioned in the contract. In the workplace, a breach of an implied contract can arise from the termination of employment or downsizing of workers. Once the employee starts working in the company and is fired for no reason whatsoever, then the action can amount to a contract breach. Secondly, in tough economic situations, the employer may opt to reduce the number of laborers. By doing so, the workers can claim a breach of contract for being downsized with no prior notice of termination. Additionally, if either termination or downsizing occurs due to hidden interests or possible bias by the employer, the boss is also said to have broken the agreement. The employer can avoid the above occurrences by looking for different alternatives aside from downsizing to maintain his or her workforce such as shift work, providing days off without pay, or notifying the workers of the reduction within the appropriate time. In termination, the employer must ensure that he or she has a succinct reason for firing an employee to avoid legal challenges (Xie, 2015).

The Older Workers Benefit Protection Act (OWBPA) and The Age Discrimination in Employment Act (ADEA) safeguard the employee from the interference or denial of job opportunities and benefits because of their age. The ADEA prevents the discrimination of persons over 40 years in the workplace and the OWBPA safeguards the interests and benefits of older persons. Possible challenges that may arise for organizations involve the violation of the stipulations of both policies resulting in legal claims as well as the lack of recognition of the two laws. On one side, the denial of employee benefits such as insurance and retirement plans for the older persons is a violation of the OWBPA. On the other side, the denial of a job opportunity or promotion of an individual over 40 years is a violation of the ADEA. The organizations can avoid the challenges of the two regulations by complying with the laws and monitoring the treatment of the older persons by other employees in the job environment. The surveillance will allow the firm to identify any form of harassment or discrimination of the older individuals which could potentially introduce lawsuits (West, 2014).

West, J. P. (2014). COMBATING AGE DISCRIMINATION. Legal and Regulatory Issues in     Human Resources Management, 169.

Xie, Z. (2015). Termination of Labor Contracts. In Labor Law in China (pp. 91-108). Springer     Berlin Heidelberg.