Bullying and Harassment: Pursuing Zero Tolerance in General Practice About This Guide
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Telecommuting Pluses & Pitfalls
Telecommuting Pluses & Pitfalls Brenda B. Thompson Attorney M. LEE SMITH PUBLISHERS LLC Brentwood, Tennessee This special report provides practical information concerning the subject matters covered. It is sold with the understanding that neither the publisher nor the writer is rendering legal advice or other professional service. Some of the information provided in this special report contains a broad overview of federal law. The law changes regularly, and the law may vary from state to state and from one locality to another.You should consult a competent attorney in your state if you are in need of specific legal advice concerning any of the subjects addressed in this special report. © 1996, 1999 M. Lee Smith Publishers LLC 5201 Virginia Way P.O. Box 5094 Brentwood,Tennessee 37024-5094 All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means without permission in writing from the publisher. Library of Congress Cataloging-in-Publication Data Thompson, Brenda B. Telecommuting pluses & pitfalls / Brenda B.Thompson. p. cm. ISBN 0-925773-30-1 (coil binding) 1.Telecommunication — Social aspects — United States. 2.Telecommunication policy — United States. 3. Information technology — Social aspects — United States. I.Title. HE7775.T47 1996 96-21827 658.3'128 — dc20 CIPiw Printed in the United States of America Contents INTRODUCTION ....... 1 1 — THE TELECOMMUTING TREND....... 3 Types of Telecommuting....... 3 The Benefits of Telecommuting....... 4 A Sampling of Current Telecommuting Programs....... 5 To Telecommute or Not to Telecommute....... 7 2 — DECIDING WHO WILL TELECOMMUTE....... 9 Selecting Employees....... 9 Dealing with a Union...... -
Systematic Review of Academic Bullying in Medical Settings: Dynamics and Consequences
Open access Original research BMJ Open: first published as 10.1136/bmjopen-2020-043256 on 12 July 2021. Downloaded from Systematic review of academic bullying in medical settings: dynamics and consequences Tauben Averbuch ,1 Yousif Eliya,2 Harriette Gillian Christine Van Spall1,2,3 To cite: Averbuch T, Eliya Y, ABSTRACT Strengths and limitations of this study Van Spall HGC. Systematic Purpose To characterise the dynamics and consequences review of academic bullying of bullying in academic medical settings, report factors in medical settings: dynamics ► This systematic review is comprehensive, including that promote academic bullying and describe potential and consequences. BMJ Open 68 studies with 82 349 consultants and trainees, 2021;11:e043256. doi:10.1136/ interventions. across several countries and including all levels of bmjopen-2020-043256 Design Systematic review. training. We searched EMBASE and PsycINFO for Data sources ► We defined inclusion criteria a priori and used es- ► Prepublication history and articles published between 1 January 1999 and 7 February additional supplemental material tablished tools to assess the risk of bias of included for this paper are available 2021. studies. online. To view these files, Study selection We included studies conducted in ► The included studies varied in their definitions of please visit the journal online academic medical settings in which victims were bullying, sampling bias was noted among the sur- (http:// dx. doi. org/ 10. 1136/ consultants or trainees. Studies had to describe bullying veys and intervention studies were suboptimally bmjopen- 2020- 043256). behaviours; the perpetrators or victims; barriers or designed. facilitators; impact or interventions. Data were assessed Received 29 July 2020 independently by two reviewers. -
Background - EMPLOYEE DISMISSAL
Background - EMPLOYEE DISMISSAL The dismissal of an employee is never an easy or pleasant task and is also one that, if not handled properly, can result in future costly and time consuming problems. However if a few simple rules are followed, the potential problems of cost and time may be avoided. Any employee (other than a unionized employee covered by a Collective Agreement)* can be released at any time, with or without just cause, if the relevant rules and regulations of the applicable provincial or territorial Employment Standards Legislation are adhered too. *(A Collective Agreement covering unionized employees will contain provisions concerning discipline, suspension, discharge and an arbitration procedure which must be followed in an employee dismissal process). The applicable Employment Standards Legislation will include a required notice period (a number of weeks based on length of employment) that must be provided to an employee whose employment is to be terminated. The employer has the unilateral right to provide pay in lieu of the notice period which is the usual choice in the case of an employee dismissal. An employer is not required to provide any notice, or pay in lieu of notice, if an employee is dismissed for what is commonly referred to as “Just Cause”. What is “Just Cause”? Jurisprudence, in the case of an employee dismissal, considers it as follows. “If an employee has been guilty of serious misconduct, habitual neglect of duty, incompetence, or conduct incompatible with his duties, or prejudicial to the employer’s business, or if he has been guilty of willful disobedience to the employer’s orders in a matter of substance, the law recognizes the employer’s right summarily to dismiss the delinquent employee”. -
Workplace Harassment And/Or Discrimination
Section 10.04 Complaints of Unlawful Workplace Harassment and/or Discrimination I. PURPOSE a. To establish procedures for the reporting and investigation of discriminatory incidents in the workplace; to emphasize that discrimination, harassment, and retaliation will not be tolerated in the workplace. II. REFERENCE a. Age Discrimination in Employment Act of 1967, as amended (ADEA), 29 U.S.C.’621 et seq. b. Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. ‘12111 et seq. c. Code of Federal Regulations Title 29, Part 1605.1 d. Pregnancy Discrimination Act (PDA) e. Title VII of the Civil Rights Act of 1964, as amended (Title VII), 42 U.S.C. ‘2000e et seq. f. Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. ‘4301 et seq. III. GENERAL It is the policy of Burke County to comply with all applicable federal and state laws, rules, regulations, and guidelines regarding employment discrimination and retaliation. Discrimination or harassment against employees and applicants due to race, color, religion, sex, gender identity, national origin, disability, age, or military status is illegal. It is unlawful for any person to discriminate in any manner against any other person because that person has opposed any unlawful discrimination practice. It is also unlawful to retaliate against any person who has made a charge of employment discrimination, testified, assisted or participated in any manner in an investigation, proceeding, or hearing. Burke County encourages all employees to assist in the effort to achieve equal opportunity in the workplace. Violations of this policy may be cause for disciplinary action, including termination. -
M.D. Handbook and Policies
M.D. Handbook and Policies 1 Please note that information contained herein is subject to change during the course of any academic year. Wayne State University School of Medicine (WSUSOM) reserves the right to make changes including, but not limited to, changes in policies, course offerings, and student requirements. This document should not be construed in any way as forming the basis of a contract. The WSUSOM Medicine M.D. Handbook and Policies is typically updated yearly, although periodic mid-year updates may occur when deemed necessary. Unlike degree requirements, changes in regulations, policies and procedures are immediate and supersede those in any prior Medical Student Handbook. The most current version of the WSUSOM of Medicine M.D. Handbook and Policies can always be found on the School of Medicine website. UPDATED 09.15.2021 UNDERGRADUATE MEDICAL EDUCATION MAJOR COMMITTEES • Admissions Committee • Curriculum Committee • Institutional Effectiveness Committee • Professionalism Committee • Promotions Committee 2 DOCUMENT OUTLINE 1. GENERAL STANDARDS 1.1 NEW INSTITUTIONAL DOMAINS OF COMPETENCY AND COMPETENCIES • Domain 1: Knowledge for Practice (KP) • Domain 2: Patient Care (PC) • Domain 3: Practice-Based Learning and Improvement (PBLI) • Domain 4: Interpersonal and Communication Skills (ICS) • Domain 5: Professionalism (P) • Domain 6: Systems-Based Practice (SBP) • Domain 7: Interprofessional Collaboration (IPC) • Domain 8: Personal and Professional Development (PPD) • Domain 13: Entrustable Professional Activities for Entering -
Workplace Harassment Prevention Toolkit: (Your Guide to Preventing and Identifying Harassment in the Workplace)
Employee Workplace Harassment Prevention Toolkit: (Your guide to preventing and identifying harassment in the workplace) Question: Answer: What is harassment? Unwelcome verbal or physical conduct that denigrates, shows hostility or aversion toward an individual based on any characteristic protected by law, which includes race, color, religion, sex (including gender identity and pregnancy), national origin, age (40 and older), disability, genetic information, sexual orientation, parental status, marital status, political affiliation, military service, or retaliation. What constitutes the Anti-discrimination laws prohibit harassment of an basis of retaliation individual in retaliation against an employee who has: filed when alleging a discrimination complaint, testified, assisted or harassment? participated in any manner in an investigation, proceeding, hearing or litigation under governing EEOC statutes, oppose employment practices they believe to discriminate, or requested a reasonable accommodation. What is unlawful Harassment becomes unlawful where harassment? 1) Enduring the offensive conduct becomes a condition of continued employment, or 2) The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. What are the two basic Quid Pro Quo Harassment- “This for That” types of unlawful And harassment? Hostile Work Environment Harassment What is Quid Pro Quo Quid Pro Quo harassment occurs when a tangible Harassment? employment action is made based on the employee’s submission to or rejection of unwelcome conduct. This kind of harassment is generally committed by a supervisor or someone who can make or recommend formal employment decisions that will affect the victim. What is a tangible A tangible employment action involves a significant change employment action? in status, e.g., change in pay, work status, dismissal, demotion, hire, failure to promote, transfer, undesirable reassignment, and work assignments. -
Prohibited Workplace Harassment Policy
West Virginia Division of Personnel POLICY West Virginia Division of Personnel PROHIBITED WORKPLACE HARASSMENT PROHIBITED WORKPLACE HARASSMENTPOLICY NOTE: This policy replaces Interpretive Bulletin DOP-B6 (Prohibited Workplace Harassment). I. PURPOSE: The purpose of this policy is to prescribe a work environment where illegal harassment based on sex (with or without sexual conduct), race, color, religion, national origin, ancestry, age, disability, and protected activity (i.e., opposition to prohibited discrimination or participation in the complaint process) or status explicitly defined as protected under applicable State and federal law as well as nondiscriminatory hostile workplace harassment does not occur. Employees have the right to be free from harassment while in a State government workplace, and the State has the legal obligation to ensure that such harassment does not occur and that effective means of redress are available. This policy shall cover all independent contractors, volunteers, and employees of the State of West Virginia, including executive, administrative, classified, non-classified, exempt, and temporary employees, and employees of county health departments affiliated with the West Virginia Division of Personnel. II. DEFINITIONS A. Appointing Authority: The executive or administrative head of a unit of State government who is authorized by statute to appoint employees in the classified or classified-exempt service. B. Discriminatory Hostile Work Environment Harassment: Illegal harassment based on sex (with or without -
Understanding Unlawful Workplace Harassment – Supervisor Quick Guide
OFFICE OF STATE HUMAN RESOURCES | 2018 SUPERVISOR QUICK GUIDE UNDERSTANDING UNLAWFUL WORKPLACE HARASSMENT – NORTH CAROLINA UNLAWFUL WORKPLACE HARASSMENT POLICY OVERVIEW DEFINITIONS All employees have the right to work in an environment free from discrimination and harassing conduct. No State employee shall engage in conduct “Unlawful Workplace Harassment” is unsolicited and unwelcomed speech or conduct based upon race, sex, religion, that falls under the definition of unlawful workplace harassment, including sexual harassment discrimination, or retaliation, and no employment national origin, age, color, disability, genetic information, or political affiliation where: 1) enduring the offensive decisions shall be made based on race, sex, religion, national origin, age, color, disability, genetic information, or political affiliation. conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create The purpose of this policy is to establish that the State of North Carolina prohibits in any form unlawful workplace harassment or retaliation based a work environment that a reasonable person would consider intimidating, hostile, or abusive. on opposition to unlawful workplace harassment of State employees or applicants and to require that every agency develop strategies to ensure that work sites are free from unlawful workplace harassment, including sexual harassment discrimination and retaliation. “Sexual Harassment” on the basis of sex is a particular type of violation of the unlawful workplace -
Harassment and Discrimination National Education Association Harassment and Discrimination 1
NATIONAL EDUCATION ASSOCIATION HARASSMENT AND DISCRIMINATION NATIONAL EDUCATION ASSOCIATION HARASSMENT AND DISCRIMINATION 1 . Introduction 2 . Protected Characteristics 3 . Discrimination 4 . Harassment 5 . Employer Liability 6 . Combating Harassment and Discrimination 7 . Retaliation 8 . Resources CONTENTS 1 Introduction . 3 6.4 Consider Contacting Counsel . .10 2 Protected Characteristics . 4 6.5 Filing an Administrative Complaint . 10 2.1 Age. 4 6.5.1 Who can File a Charge with the EEOC . .11 2.2 Sex . 5 6.6 Determining Whether to File with 2.3 Race/Color.. .. .. .. .. .. .. .. .. .. .. 5 the EEOC or a State Agency . .11 2.4 National Origin . .5 6.7 Timing. .11 2.5 Religion .. .. .. .. .. .. .. .. .. .. .. .. 5 6.8 Filling out the EEOC Questionnaire .. ..11 2.6 Disability . 6 6.9 Organizing Evidence . 12 2.7 Pregnancy . .7 6.10 Completing the Charge . 12 2.8 Family and Medical Leave 6.11 Updating and Amending the Charge. .12 Discrimination . 7 6.12 The EEOC and/or State Agency 3 Discrimination . 8 Investigation . 12 4 Harassment . 8 6.13 Filing a Lawsuit . .13 4.1 Quid Pro Quo Harassment . 8 7 Retaliation . 13 4.2 Hostile Work Environment . 9 7.1 Retaliation for Asserting Rights is 5 Employer Liability . 9 Also Prohibited . .13 5.1 Harassment and Discrimination by 7.2 Prohibited Retaliatory Behavior. .13 Managers or Supervisors . 9 7.3 Remedying Retaliation . .13 5.2 Harassment and Discrimination 8 Resources . 14. by Coworkers or Other 8.1 Sample EEOC Questionnaire . .14 Non-Supervisory Individuals. 9 8.2 Sample EEOC Charge Form . .15 Combating Harassment and Discrimination in 6 8.3 List of EEOC Offices the Workplace . -
Frequently Asked Questions Bullying in the Workplace
Human Rights & Equity: Frequently Asked Questions Bullying in the Workplace – What is Workplace Bullying? Bullying may be characterized as persistent behaviour that is offensive, insulting, intimidating, humiliating or abusive towards an employee or group of employees. Workplace bullying is usually intentional in nature and an attempt to exert power or control over the target. Bullying tactics in the workplace often include repeated incidents of unwarranted criticism, trivial fault finding, exclusion, isolation, being singled out and treated differently, excessive monitoring, verbal putdowns and insults. ONA members may be bullied not only by other healthcare professionals such as supervisors, managers, co-workers or physicians, but also patients or their family members. The terms bullying and psychological harassment/abuse/violence are often used interchangeably. Horizontal or lateral violence refers to bullying that is directed at co-workers who are at the same level within an organization’s hierarchy. Whatever terms are used, these repeated acts clearly cause humiliation, upset and stress. Employees who are bullied may experience loss of confidence and self-esteem, inability to concentrate, family tension and stress, anger, depression, anxiety and a number of physical symptoms. Several recent studies have indicated that up to 70 per cent of nurses who are bullied leave the profession. What protections exist against workplace bullying? The law in the area of workplace bullying is in a developmental phase and the rights and obligations of employees and employers will become more certain as more grievances are decided by arbitrators. ONA members and other unionized employees may have protections rooted in occupational health and safety provisions and management rights provisions in a collective agreement. -
Unemployment Insurance: Effect of Receipt of Dismissal Payments At
Hastings Law Journal Volume 8 | Issue 2 Article 10 1-1957 Unemployment Insurance: Effect of Receipt of Dismissal Payments at Time of Discharge from Employment Upon Eligibility for State Unemployment Insurance Benefits Robert P. Long Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Robert P. Long, Unemployment Insurance: Effect of Receipt of Dismissal Payments at Time of Discharge from Employment Upon Eligibility for State Unemployment Insurance Benefits, 8 Hastings L.J. 233 (1957). Available at: https://repository.uchastings.edu/hastings_law_journal/vol8/iss2/10 This Note is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. MYarch, 1957 NOTES March, 1957 NOTES of the motorist to use the highway unobstructed by obstacles. Viewing this situa- tion from a different plane, as if literally turning the highway over on its side, the problem is still the same and the substitution of an aircraft for the automobile does not present a new factor. The duty of each party should remain constant. With the development of extensive modem air travel over heavily populated areas, the duties of the aviators and the landowners should be clearly defined. The aviator aloft in his aircraft is no longer considered an interloper as to the normal social and business activities of those on the ground. He is no longer a trespasser as a matter of law for operating below certain altitudes.19 The duty of the landowner to the aircraft above is not an unbearable burden. -
Preventing Wrongful Dismissal Claims
Preventing Wrongful Dismissal claims Agenda • Employment “At will” • Termination: What is fair and legal • What is “Wrongful Dismissal” • Beware of Constructive Dismissal • Preventing Wrongful Dismissal claims: 1) ALWAYS consult an employment lawyer 2) Include a Termination Clause 3) Follow your own disciplinary policy 4) Use termination as a last resort 5) NEVER terminate “for cause” • Termination as a last resort • What to do if a claim is made Employment “At Will” • Legal environment in Canada for employment contract is one called: “Employment At Will” • In essence, the employment contract is “at the will of the employer” • Employers can terminate employment at any time, without any reason • Employers also have legal obligations to their employees, to prevent abuse of employees: – At the core of these obligations, your legal duty is to treat employees fairly and in good faith 1 Employment “At Will” • Employers have legal obligations to their employees to prevent abuse such as: – Provide a safe work environment – Provide competent servants – Provide proper tools with which to perform their duties – To warn them of inherent dangers in their work process, particularly those that are not open and/or apparent – To make reasonable rules for the safe performance of said work – To provide reasonable notice that the employment will be terminated Termination of Employment • The law requires you to give an employee proper notice that their employment will end at a specific date • The law requires you to pay the employee during this notice period • You are not obligated to have the employee report to work during this notice period, but payments are required • You do not have any obligations to give the employee any reasons 2 Termination of Employment • It is strongly recommended to NEVER give a reason for termination, because: – Not required by law – Reason or reasons can be used against you to allege discrimination – Provide a platform for the employee to debate with you why he/she should not be terminated – The moment of termination is emotionally charged.