This article provides a checklist for employment matters

Task 7: Is Your Company Adequately Protecting Its Rights?

Task 6: Americans at Work.

Ex. 1. Discuss the following questions with your classmates.

- Of every 100 Americans, how many do you think work for the government?

- How many Americans work in manufacturing?

- Is it common for U.S. women to work?

- How seriously do Americans take their jobs?

- How might the average U.S. worker differ from the average worker in your country?

Ex. 2. Read through the sentences, trying to imagine which words would fit in the blanks. Then listen to a dictation of the full sentences, and write the missing words in the blanks.

1. The general topic of work in the USA is an interesting one because the ___________ don’t always agree with popular general impressions about American workers.

2. Let’s take a look at 100 ___________ workers and see where they’re _________.

3. _____________, then, include a wide variety of businesses that provide services rather than produce goods.

4. ___________ trade involves purchases directly from the producer, while ________ trade is more familiar to us: purchases from stores, automobile dealerships, and so on.

5. Two smaller sectors include ______________, along with banks and the stock market, and ____________, which should make you think of gas and electricity.

6. Communication, of course, includes newspapers, magazines, and books as well as TV and radio _____________.

7. Still others work in ________, and a smaller number works in agriculture, __________, and fishing.

8. Workers with a strong __________ feel an obligation to work hard and take ______ in doing their jobs well.

9. According to ________, most Americans feel they should work harder.

10. The reason they give for not working harder is that they don’t feel they will _________ from the work.

11. The solution suggested by at least one expert has two parts, both involving ________, or encouragement, to work harder.

Ex. 3. Listen to the questions, and write short answers.

Read the following article relating to US Employment Law. Choose the best sentence from the given ones to fill each of the gaps. Do not use any letter more than once. There is one extra sentence which you do not need to use.

Make certain your employment agreements and any employee handbooks specify employment is “at will”. (1) ………………………………………………………………………….

Avoid non-competition clauses with employees (and with your customers) stating that your employees cannot compete with you or work for your competitors or customers after they leave your company. (2) ………………………………………………………………………………… Confidentiality agreements, on the other hand, are generally upheld.

If you use independent consultants, be sure you can justify your decision not to make them employees if the government enquires. (3) ……………………………………………………. Have a written agreement with each independent consultant stating that he\she is an independent consultant and is responsible for his\her own taxes etc.

Apply your company policies consistently to all employees. An employee handbook is advisable; this should make it clear what exact rules are and ensure consistency. (4) …………………………………... The handbook should state that it may be amended by the company at any time. Have each employee sign an acknowledgement of receipt of any employee handbook and any amendments to it. (5) ………………………………………………… if you do this, either have them sign it at the time they first start work or give them additional consideration (small amounts of stock or money) for signing. Where existing employees are not given additional compensation to sign, the agreement may not be enforceable.

Follow disciplinary procedures consistently with each employee. Before terminating any employee, give repeated oral and written warnings over time if at all possible. Write up your conversations and place them and the written warnings in the employee’s personal file.

Have a written policy prohibiting sexual harassment as well as discrimination concerning race, gender, age and, in California, sexual orientation. (6) ……………………………………………………………. Distribute all of these policies to your employees and have each employee sign an acknowledgement of receipt for them. Where an employee alleges harassment or discrimination, investigate and take appropriate disciplinary action if warranted. If you fail to adequately investigate, your company may be held liable for acts by its employees.

Have an express computer-use policy which states the following. Employees may not use the e-mail or on-line access for objectionable materials or messages of any kind. (7) ………………………………… All e-mails and materials sent or received with the company’s equipment may be subject to review by the company.

You must post all required federal and state employment notices. If you are in California, the California Chamber of Commerce has all the employment posters that must be posted, plus required Unemployment Insurance and State Disability Insurance pamphlets and required Sexual Harassment pamphlets.

A. Expressly give the employees several different people in the company to contact if they believe they have encountered prejudice in any of these areas.

B. In California, these restrictions on employees are generally invalid and can lead to lawsuits by employees alleging restraint of trade.

C. It is important to preserve these rights, because they protect you from having to prove there is a valid business-related reason to terminate an employee.

D. If you have one, follow its provisions and have it reviewed periodically for changes in the law and in business conditions.

E. Nor should they use it for any material protected by copyright law, trademark law, etc. without the permission of the owner.

F. Consider having employees enter a separate agreement to arbitrate (rather than litigate) all disputes regarding employment.

G. One rule of thumb: they must earn at least one-third of their income from sources other than your company or be incorporated.

H. If they fail to make this explicit, fired employees may file lawsuits on the basis that they were not fired for proper cause.

Дата добавления: 2015-01-03