Kayte Clark Case Study Example | Topics and Well Written Essays - 1250 words

Kayte Clark - Case Study Example According to the US Employment Law different employee unions are not required to ask for such formal permissions prior to contacting any employee. Therefore Kayte accepted their request and allowed them to meet the employees but the company heads including CEO reacted negatively on her action. They passed a notice to the employees stating that Kayte does not have any right to allow employee unions in the organization. Later she was given a onetime retirement offer excluding all the social security and funding benefits. This was supposed to be accepted then and there but she refused to admit it. Consequently, after two weeks she was terminated. Her sudden termination from the organization represents a clear case of retirement discrimination which will be discussed in detail with reference to Employee Retirement Income Security Act: Title VII, The recommendations of National Labor Relations Board and State Torts. This shall be further linked with the elements she must prove for a prima facie case and the awards and damages that she must receive in return. Employee Retirement Income Security Act (ERISA): Title VII Title VII of ERISA covers all the rights of employees while safeguarding them from any social or organizational harm. This is one of the most unique laws in USA as it is solely based upon the individuals who are currently working in an organization rather than contractors or unemployed people. Title VII consists of three fundamental tests through which legal associates recognize that whether an employee falls under this category or not. These include: Agency test i.e. the rights and control of employer over the activities of employees, Economic Realities test which defines the economic dependency of employee over the employer and lastly the Hybrid test which is the combination of agency test and economic test. In addition to this, the legal authorities scrutinize the employment claims as per the duration given to review the contract, nature of agreement either related to employment or retirement, the peculiar terms and conditions and the overall education and experience of the employee. This law is highly applicable in cases such as the one of Kayte because she had significant education and experience in the same organization. Moreover, the time given to Kayte in order to review the retirement package was insufficient neither she was given the opportunity to seek counseling from the company heads. National Labor Relations Board (NLRB) NLRB is primarily responsible to improve the working conditions for employees while protecting their wage rights. It guarantees the right of forming an employees’ union in an organization while terminating the inefficient unions or employee groups. Moreover, it encourages the employees to join unions even without the consent of their employer so as to seek social and economic protection. Hence Kayte’s decision to allow the employee union in the organization is justified on the basis of N LRB elements. Furthermore the rules and regulations of National Labor Relations Board are applicable to every employee working at the level of local, state or federal government, in agricultural sector or in domestic service. It also extends protection to people who are employed by their family members or those who work as contractors. This represents that Kayte can easily