Employee Rights and Property Searches Essay Example for Free

Employee Rights and Property Searches Essay Mopak Corporation performed a search for drugs and guns on the employees and contract workers vehicles with the assistance of a private security company and drug detection dogs. In the search, guns were found, but not drugs, in several vehicles. At the completion of the search, five employees along with ten contract workers whose vehicles where the weapons were found were terminated, due to the corporation’s belief that the employees violated the company policy. The terminated workers immediately sued Mopak for wrongful termination. Though mostly in the United States employees are â€Å"at-will† employees, the arguments for wrongful termination the employees from Mopak can make in their suit is that Mopak performed an unreasonable search of their vehicles, violating their expectation of privacy. The search was made without a warrant and violated their Fourth Amendment Rights. (Lawyer. com, 2013) The contract workers are bound by contracts that may have an at-will clause in it, in which case they, like the regular employees, can be terminated at-will. Even though when there is a contract, written or oral, it’s based on a promise of job security, but with an at-will clause, contract workers may either leave a contract job or be terminated from a contract job at-will. †Employers often, and legitimately, ask employees to sign contracts or agreements that document and enforce the terms of at will employment, usually in company policy manuals. † (Lawyersandsettlements. com, 2013, para. ) The arguments that Mopak Corporation will make in response to the wrongful termination suit are that in the employees’ policy manual, handbooks or contracts reflect that the employee and/or contract workers must agree to random vehicle searches, random drug testing, and an at will clause for employment; that when signed by the employees and/or contract workers, it becomes binding, implied, or implied-in-fact contracts. In the 1988 decision of landmark case Foley vs. Interactive Data Corp. it brought to light that employees enter into implied-in-fact contracts with the acceptance of great merit reviews, promotions, raises, and with verbal assurances of job security. I believe the Mopak Corporation would win. I do not believe that a corporation with so much to lose would perform an illegal search of employee’s vehicles. They must have in the company’s policy manual that such an act would be permissible once the employees and contract workers sign that they have rea d and agreed to the terms and condition of the policy and/or contracts.

Casse Study Essay -- essays research papers

Team Case Study My team is comprised of a group of individuals specialized in relating to people in the automobile industry, mainly car dealers. Our team’s goal is to work with dealers and to help them understand how to effectively sell vehicles, sight unseen, to internet buyers. These are buyers that will never even see the vehicle or step on the dealer’s lot. We have to teach the dealer how to market and relate to a customer well enough to convince them to buy a car that they will never touch, taste, smell, see, or test drive. In the growing age of internet fraud this task becomes difficult, we now have to teach them how to make a customer trust them enough to send money to them, without ever meeting them. The Purpose, and long term goal, of this project is to drive the amount of listings of vehicles for sales on the site in a way that will help us meet our yearly goals of high growth. In 2003 during study of sales team environments, Amy Dewey, the director of agency and association marketing for The American College said, "Different personalities come out in any type of team," she says. "You want to be as efficient and effective as possible, but there's going to be that social dimension that may prevent something from being as effective as it can be." This was proven to be true to me when a member of the team had signed an account in a territory that belonged to another team member. This had happened to be an account that had been a previous customer of the account owner in a different region. The dealership contact had moved to a dealership in this other territory, which did not belong to the account owner, and wanted to start a new account, and deal with the same representative he had been dealing with for years. The members whose region it was transferred the account to them since it was their area, without notifying the account owner of what she was doing. The account owner found out and transferred the account back while she was not in the office, but mentioned it out loud to the rest of the team. A new member of this team, that had over heard the account owner complaining, went to the member that owned the region and exaggerated the story. This impacted the team in the fact that there were now some hurt feelings between these two team members that had worked togeth... ...oid conflict before it happens. When there is conflict, being an anchor member of the team, I have come up with many creative solutions to our office conflict. I believe almost all conflict stems from bad communication. In 2002 Eric Abrahamson felt, â€Å"Team conflict can arise from differences between team members in terms of power, values, and attitudes. It tends to arise when resources are scarce, the team situation is ambiguous, members have different goals, and the tasks assigned have some connection.† References 1. â€Å"Different personalities come out in any type of team," she says. "You want to be as efficient and effective as possible, but there's going to be that social dimension that may prevent something from being as effective as it can be." Author: Barry Higgins Publication: National Underwriter. (Life & health/financial services ed.). Erlanger: Sep 8, 2003. Vol. 107, Iss. 36; pg. 12 2. â€Å"Team conflict can arise from differences between team members in terms of power, values, and attitudes. It tends to arise when resources are scarce, the team situation is ambiguous, members have different goals, and the tasks assigned have some connection.† Casse Study Essay -- essays research papers Team Case Study My team is comprised of a group of individuals specialized in relating to people in the automobile industry, mainly car dealers. Our team’s goal is to work with dealers and to help them understand how to effectively sell vehicles, sight unseen, to internet buyers. These are buyers that will never even see the vehicle or step on the dealer’s lot. We have to teach the dealer how to market and relate to a customer well enough to convince them to buy a car that they will never touch, taste, smell, see, or test drive. In the growing age of internet fraud this task becomes difficult, we now have to teach them how to make a customer trust them enough to send money to them, without ever meeting them. The Purpose, and long term goal, of this project is to drive the amount of listings of vehicles for sales on the site in a way that will help us meet our yearly goals of high growth. In 2003 during study of sales team environments, Amy Dewey, the director of agency and association marketing for The American College said, "Different personalities come out in any type of team," she says. "You want to be as efficient and effective as possible, but there's going to be that social dimension that may prevent something from being as effective as it can be." This was proven to be true to me when a member of the team had signed an account in a territory that belonged to another team member. This had happened to be an account that had been a previous customer of the account owner in a different region. The dealership contact had moved to a dealership in this other territory, which did not belong to the account owner, and wanted to start a new account, and deal with the same representative he had been dealing with for years. The members whose region it was transferred the account to them since it was their area, without notifying the account owner of what she was doing. The account owner found out and transferred the account back while she was not in the office, but mentioned it out loud to the rest of the team. A new member of this team, that had over heard the account owner complaining, went to the member that owned the region and exaggerated the story. This impacted the team in the fact that there were now some hurt feelings between these two team members that had worked togeth... ...oid conflict before it happens. When there is conflict, being an anchor member of the team, I have come up with many creative solutions to our office conflict. I believe almost all conflict stems from bad communication. In 2002 Eric Abrahamson felt, â€Å"Team conflict can arise from differences between team members in terms of power, values, and attitudes. It tends to arise when resources are scarce, the team situation is ambiguous, members have different goals, and the tasks assigned have some connection.† References 1. â€Å"Different personalities come out in any type of team," she says. "You want to be as efficient and effective as possible, but there's going to be that social dimension that may prevent something from being as effective as it can be." Author: Barry Higgins Publication: National Underwriter. (Life & health/financial services ed.). Erlanger: Sep 8, 2003. Vol. 107, Iss. 36; pg. 12 2. â€Å"Team conflict can arise from differences between team members in terms of power, values, and attitudes. It tends to arise when resources are scarce, the team situation is ambiguous, members have different goals, and the tasks assigned have some connection.†

Hume natural and artificial virtues Essay

In this essay I will discuss the differences between Hume’s ‘natural’ and ‘artificial’ virtues. I will first give Hume’s explanation of why there is a need for a distinction or classification of virtues, and the basis on which he makes the distinction, before describing the two categories and their criteria. I will look at the problems with Hume’s account of the distinction, particularly justice. Finally I will describe how the various problems cast doubt on Hume’s distinction. Hume’s Virtues and the need to distinguish In discussing the principles from which we determine moral good or evil, virtue or vice, Hume argues that because the number of situations we may encounter is ‘infinite’ it would be absurd to imagine an ‘original instinct’ or individual principle for each possibility. (T3. 1. 2. 6)1 Instead he suggests that, following the usual maxim of nature producing diversity from limited principles, we should look for more general principles. Hume suggests looking for those general principles in nature but cautions on the ambiguous and various senses of the word ‘natural’. (T 3. 1. 2. 7) He says later that ‘the word natural†¦ is of so loose a signification, that it seems vain to dispute, whether justice be natural or not’ (EPM Appx. 3. 9. ) It is important that he clears this up early, the categorisation of several virtues, notably ‘justice’, depends critically on a clear definition. Leaving ‘natural’ open to interpretation would also raise difficulties in placing many of the 70 or more ‘virtues he names. If the virtues could category hop it might cause problems for the idea of having a distinction at all. Having raised this issue he resolves it by describing various senses or contexts in which ‘natural’ could be commonly understood: 1. Nature can be understood as counter to, or ‘oppose’d to’, miracles and if understood in that context then everything, except miracles themselves but including virtue and vice, would be considered natural. (T3. 1. 2. 7) 1All quotes from David Hume are from An Enquiry Concerning the Principles of Morals. ed. Beauchamp T. L. 1st ed. Oxford: Oxford University Press, 1998 hereafter abbreviated EPM; A Treatise of Human Nature. ed. Norton, M. and Norton, D. 1st ed. Oxford: Clarendon Press, 2011, hereafter abbreviated T 1 2. Nature may also be understood in opposition to ‘rare and unusual’. Hume notes that ‘rare and unusual’ is imprecise and variable, dependent on observation. Despite this vagueness Hume declares that if anything at all could be called natural in this context it would be the ‘sentiments of morality’ and supports this with the observation that no nation or individual ever showed ‘approbation or dislike of manners’. This ‘moral sense’ is so fundamental that only disease or madness could remove it. (T3. 1. 2. 8) Within this explanation Hume points out that it is ‘unphilosophical’ to conflate, as he suggests some systems do, virtue with natural and vice with unnatural. 3. The third natural context that Hume discusses is in opposition to ‘artifice’. In this context Hume says it is not altogether clear whether virtue is natural or artificial, this can only be discovered on closer inspection of particular vices or virtues. He raises two further distinctions, civil and moral, (T3. 1. 2. fn 70) which will be raised in the course of his argument, but rather than closely define them suggests that ‘the opposition will always discover the sense’, which I take to mean that the correct interpretation of context will give you the type of natural under discussion. Hume concludes then that virtues are divided for the purposes of his argument into two distinct categories; natural and artificial. Natural virtues Natural virtues are those which, according to Hume, occur naturally in man, natural dispositions or instincts which could occur in pre-societal humans, in small family groups with no organised government; self love, benevolence, charity, and many more, including some not usually mentioned; wit, good manners, and dialog. These natural traits could be classified as those needed to cooperate within small, personal groups and which are necessarily good and agreeable. They are essential, a part of ‘human nature’. Artificial virtues 2. Artificial virtues are constructed by humans, they deal with extra familial, impersonal situations, those where natural virtues might be compromised by bonds of family or friendship. These virtues include justice (the main focus of Hume’s discussions of artificial virtues), fidelity, honesty and chastity. They are social conventions that don’t necessarily result in good in each individual act and in fact may result in pain on an individual basis. Problems with artificial virtues There seem to be some problems with artificial virtues. The idea that justice is artificial as argued by Hume in EPM 3. 1. 2, seems flawed. Here he describes a world of abundance, where there is enough of everything, where it is warm enough not to require clothes, where every individual is fully provided for. In this ‘happy state’, claims Hume, ‘every other social virtue would increase tenfold; but the †¦ virtue of justice would never have been dreamed of’ (EPM 3. 1. 3). I am not convinced by this argument, it shows only that justice may be unnecessary in the idyllic circumstances described, not that it would not or could not arise. It is not artificial simply because it is not present in a particular situation. Hume appears to weaken his own argument later in EPM and even questions his own previous claims. In the footnote (EPM Appx 3. 9 fn 64) Hume’s language is not forceful or decisive, ‘In the two former senses (unusual and miraculous), justice and property are undoubtedly natural. But as they suppose reason†¦ confederacy among men, perhaps that epithet cannot strictly, in the last sense (i. e. artificial) be applied to them. ‘ In EPM Appx 3. 9 Hume poses the question that if self love, benevolence, reason and forethought are natural then cannot the same be said of justice, order, fidelity, property, and society, virtues he has previously listed as artificial. ‘Men’s inclinations,’, says Hume, ‘their necessities lead them to combine’. Even if we accept that in the ‘happy state’ these ‘necessities’ are minimal Hume still seems to be suggesting that men are inclined toward society and all that entails. He goes on to say ‘in so sagacious an animal, what necessarily arises from the exertions of his intellectual faculties, may justly be esteemed natural’. If that is the case then I see no reason why justice or society are special cases, and no reason why they would be judged differently to benevolence or self 3 love. They unquestioningly arise from our intellectual faculties and arguably arise necessarily, on Hume’s account they must surely be natural. A natural virtue must, according to Hume, occur naturally in man, be a natural ‘disposition’, and result in good. Given that man is inclined to combine, and that suppressing inclinations will result in pain (ECHU 8. 1. 23) and conversely enabling that inclination will result in pleasure, and further that in a ‘happy state’ justice is not impossible, only unnecessary, then it could be argued that justice is in fact a natural virtue. Even in the ‘happy state’ it is not difficult to imagine a situation where two people may wish for the same thing, a particular unique view or time spent with a particular person. Walking to your favourite view to find it occupied a person may well decide, as the other person was there first, that the just thing to do would be to leave them to it. Justice, and other artificial virtues, has a further problem. Hume claims that the the virtue of an action depends on the motive, rather than the action itself. Whether an action is judged virtuous is dependent on motive and that motive cannot be the virtue of the act itself. Being kind because it is virtuous to be kind is not virtuous. According to Hume, if I ‘restore a great fortune’ to a miser or the seditious bigot then society suffers. When I repay the miser I am acting out of duty or obligation, I do what I do, not through a virtuous motive but because it is the ‘right’ thing to do. If that is the case then it seems that justice may not be a virtue at all. Conclusion In describing the differences between natural and artificial virtues it becomes apparent that the distinction is not always clear. I have described how Hume explains the need to distinguish types of virtue and the criteria he uses. I have looked at the problems with Hume’s account in relation to the artificial virtues and established that, at least in the case of justice, they do not sit comfortably in a category separate from the natural virtues. The problem of the circularity may not only cause a problem with the distinction but may even suggest that justice is not a virtue at all. While this does not conclusively establish that the distinction does not stand it does show that it is not as firmly founded as Hume might claim.

Canadas Provinces and Territories

Canada is the worlds second largest country based on area. In terms of governmental administration, the country is divided into ten provinces and three territories. Canadas provinces differ from its territories because they are more independent of the federal government in their ability to set laws and maintain rights over certain characteristics of their land such as natural resources. Canadas provinces get their power from the Constitution Act of 1867. By contrast, Canadas territories get their power from the federal government of Canada. The following is a list of Canadas provinces and territories, ranked in order of the 2008 population. Capital cities and area have been included for reference. Canadas Provinces 1) Ontario†¢ Population: 12,892,787†¢ Capital: Toronto†¢ Area: 415,598 square miles (1,076,395 sq km) 2) Quebec†¢ Population: 7,744,530†¢ Capital: Quebec City†¢ Area: 595,391 square miles (1,542,056 sq km) 3) British Columbia†¢ Population: 4,428,356†¢ Capital: Victoria†¢ Area: 364,764 square miles (944,735 sq km) 4) Alberta†¢ Population: 3,512,368†¢ Capital: Edmonton†¢ Area: 255,540 square miles (661,848 sq km) 5) Manitoba†¢ Population: 1,196,291†¢ Capital: Winnipeg†¢ Area: 250,115 square miles (647,797 sq km) 6) Saskatchewan†¢ Population: 1,010,146†¢ Capital: Regina†¢ Area: 251,366 square miles (651,036 sq km) 7) Nova Scotia†¢ Population: 935,962†¢ Capital: Halifax†¢ Area: 21,345 square miles (55,284 sq km) 8) New Brunswick†¢ Population: 751,527†¢ Capital: Fredericton†¢ Area: 28,150 square miles (72,908 sq km) 9) Newfoundland and Labrador†¢ Population: 508,270†¢ Capital: St. Johns†¢ Area: 156,453 square miles (405,212 sq km) 10) Prince Edward Island†¢ Population: 139,407†¢ Capital: Charlottetown†¢ Area: 2,185 square miles (5,660 sq km) Canadas Territories 1) Northwest Territories†¢ Population: 42,514†¢ Capital: Yellowknife†¢ Area: 519,734 square miles (1,346,106 sq km) 2) Yukon†¢ Population: 31,530†¢ Capital: Whitehorse†¢ Area: 186,272 square miles (482,443 sq km) 3) Nunavut†¢ Population: 31,152†¢ Capital: Iqaluit†¢ Area: 808,185 square miles (2,093,190 sq km) To learn more about Canada visit Canada Maps section of this website. Reference Wikipedia. (9 June 2010). Provinces and Territories of Canada - Wikipedia, the Free Encyclopedia. Retrieved from: http://en.wikipedia.org/wiki/Provinces_and_territories_of_Canada