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LA 6570 Workplace Issues Discussion

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LA6570 Human Resource Law
LP5.3 Discussion
Workplace Issues
Question #7 (a)
To collect unemployment insurance, the employee must be out of work through no fault of
their own. Employees who are fired or terminated are not always eligible for unemployment
insurance (Reubens, 1989, para. 3). It depends on the reason why the employee was fired. An
employee who was fired for serious misconduct is ineligible for benefits, either entirely or for a
certain period of time. An employee who is fired for stealing from the company or from
coworkers will most likely be ineligible to receive unemployment benefits.
The “hotdog bandit” ate two hotdogs from the employee break room refrigerator and was
terminated when he was discovered stealing on surveillance video. Nearly one in five workers
admits to having eaten someone else’s lunch out of the office refrigerator (Bach, 2006, para. 2).
Chances are employees have had their food eaten by someone else if they have put their food in
the community (employee break room) refrigerator. It is unfortunate for the “hotdog bandit” that
he got caught. With the refrigerator being accessible by anyone who works for the company
(community refrigerator), the employee should be able to qualify for unemployment insurance.
Many people have stolen food from a company break room and this is not fair or just and it
makes it extremely difficult for coworkers to trust each other. Companies should make certain
their employee handbook addresses proper break room behavior and expectations. An employer

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that does not have written guidelines is much more likely to encounter problems such as this.
Adding break room rules and posting them in an area accessible to all employees, such as on the
refrigerator or on a break room bulletin board will help combat food theft.
Question #13 (b)
In order for a company to survive and prosper in today’s competitive environment they will
need to protect their trade secrets, intellectual property, and business relationships with the use of
restrictive covenants (Carmardella, 2004, para. 1). One of the most effective ways to prevent
loss of valuable intellectual property is through confidentiality agreements and restrictive
covenants. Most states recognize that intellectual property and trade secrets are a legitimate
interest that may be protected from use by another party via a covenant not to compete. Many
former employees frequently argue that an employer’s information does not need to be protected
to the degree they try to enforce. Employers spend a lot of money to develop goodwill with
customers, vendors, and referral sources. Employers use restrictive covenants to keep employees
out of positions in which they intentionally, inadvertently, or inevitably will use an employer’s
confidential information.
Employees should be cautious and consider the reasonableness of the covenant. There are
five factors to consider when evaluating the reasonableness of a restrictive covenant relating to
employment (Carmardella, 2004, para. 5).
1. Length of time the restriction lasts.
2. Geographical are covered.
3. Fairness of and need for the protection accorded to the employer.
4. Extent of the restraint on the employee’s opportunity to pursue his or her
occupation.
5. Extent of interference with the public’s interest.

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LA6570 Human Resource Law LP5.3 Discussion Workplace Issues Question #7 (a) To collect unemployment insurance, the employee must be out of work through no fault of their own. Employees who are fired or terminated are not always eligible for unemployment insurance (Reubens, 1989, para. 3). It depends on the reason why the employee was fired. An employee who was fired for serious misconduct is ineligible for benefits, either entirely or for a certain period of time. An employee who is fired for stealing from the company or from coworkers will most likely be ineligible to receive unemployment benefits. The “hotdog bandit” ate two hotdogs from the employee break room refrigerator and was terminated when he was discovered stealing on surveillance video. Nearly one in five workers admits to having eaten someone else’s lunch out of the office refrigerator (Bach, 2006, para. 2). Chances are employees have had their food eaten by someone else if they have put their food in the community (employee break room) refrigerator. It is unfortunate for the “hotdog bandit” that he got caught. With the refrigerator being accessible by anyone who works for the company (community refrigerator ...
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