Human Resource Labor Law (2 separate Papers ) APA

Paper 1

Write a 700- to 1,050-word paper, written in the third person voice, and address the following questions:

• How would you characterize the employment relationship of the salespeople and Pharmmedix?
• Identify and describe the specific issues the salespeople believe make them companyemployees in the workplace. What elements of law are important for the salespeople to consider in advancing their case?
• Evaluate the actions of Pharmmedix in this situation. What could have Pharmmedix done to prevent the situation and what more could the company do to ensure that this type of situation would not occur in the future?
• What are the broader implications of this situation for Pharmmedix? What consequences can occur to Pharmmedix?
• What resolution to this situation might the Human Resource Director suggest?
• Dilema:
  1. Pharmmedix employs 13 salespeople to market its wonder drug Rejuvenate, which has been designed to reverse the aging process. Each salesperson has been designated to cover a 50-mile radius. Salespeople have the discretion to determine the number of hours worked, the number of physicians visited, and which enticements, such as gifts, dinners, and so on, to offer to physicians who prescribe Rejuvenate. A generous commission-based wage is given, but each salesperson is responsible for his or her transportation. Pharmmedix regards its sales staff as independent contractors. The sales staff bring a lawsuit claiming they are employees entitled to all of the required benefits. Pharmmedix is seeking advice.

Paper 2

Write a 700- to 1,050-word paper, written in the third person voice, and address the following questions:

• How would you characterize the employment practices in this case scenario? Was it legal and ethical for the company to terminate Timothy Reverson over his pay raise argument?
• What elements of law are important for Timothy Reverson to consider in advancing his case?
• What elements of law are important for the company to consider in defending its position, including that of forced arbitration?
• Evaluate the actions of the company in this situation. What could have the company done to prevent the situation and what more could the company do to ensure that this type of situation would not occur in the future?
• What are the broader implications of this situation for the company? What consequences can occur to the company?
• What resolution to this situation might a Human Resource Director suggest other than forced arbitration and the company lawyer's motion to dismiss?
• Dilema:

  Timothy Reverson, an African American, has been employed with Cameron Lake Boat Rentals for 15 years. He is one of 17 employees. After an argument with his boss over a pay raise, Timothy is discharged. Timothy brings a lawsuit under Title VII after receiving a right to sue letter from the EEOC. Cameron Lake files a motion to dismiss stating it gave notice to all employees that continued employment was conditioned upon resolution by arbitration for all employment disputes. Timothy retorts that he never signed an agreement. Is a signed agreement necessary? Does Timothy have any recourse?