Canada Statutory Law Analysis

Canada Statutory Law Analysis David Kafka Californias statutory law establishes that employment, having no specified term, may be terminated at will by either the employer or employee. Cal. Lab. Code ÂÂ § 2922 (2017). This presumption is subject to contrary evidence, such as an implied or expressed agreement that an employment relationship will continue indefinitely. The issue in this case is whether Reynaldo Perez had an implied contract of employment with Malloys Department Store that could be terminated only for cause. If an employer has created an implied or expressed contract for permanent employment, that employee may be terminable only for good cause. When determining if an implied agreement exists, the court will look at a number of factors. These include: personnel policies or practices of the employer, employees longevity of service, assurances by the employer for continued employment, and practices of the industry. Formal handbooks and manuals outlining employment terms are also given consideration. An implied covenant of good faith protects the parties right to receive the benefit of their agreement, but does not necessarily create any other duty outside of the contract. Pugh was found to have had an implied agreement with Sees Candies based on his duration of employment, lack of criticism for work, assurances given, and his employers acknowledged policies. Pugh v. Sees Candies, Inc., 116 Cal. App. 3d 311 (1981). Pugh was frequently told that if he did a good job, his future with the company was secure. There was also a policy where administrative staff would only be fired for good cause. Pugh was not given a reason for his termination, nor was it based on good cause. The court found that an implied contract existed, and Pugh was wrongfully terminated. Id. At will provisions in company manuals are significant in determining the policies of an employer. Parol evidence is admissible to explain, supplement, or even contradict the terms on an unintegrated agreement Guz v. Bechtel Natl, Inc., 8 P.3d 1089 (Cal. 2000). When an employer has policies in formal handbooks, it create[s] a clear and uniform alternative to haphazard practices, understanding, and arrangements within the company. Id. Guz was told by a Bechtel official that the company avoids arbitrary firings. However, the court found that the company did not waive its right to discharge its employees at will based on this statement. Id. The court places great credence in what is included in formal handbooks when determining if employment is at will. An official cannot waive those policies simply by making his or her own arrangements. Guz received no promises that he would be retained except for good cause. His long employment, raises, promotions, and good reviews were not sufficient enough to prove that an implied contract existed where he was no longer an at will employee. The court found that the implied covenant of good faith did not protect Guz from termination. Id. Perez was employed at Malloys for a total of 20 years, consistently received good evaluations, had salary increases, and on one occasion was given assurance his job was safe if he kept performing at a certain level. Perez was told early in his employment by the president of Malloys that his job would always be safe, and that the company doesnt just fire people. The length and success of his employment might also benefit his argument for an implied contract. The companys application form contained ambiguous language which could be interpreted as a contract for continued employment. It stated that Malloys hires and retains hard-working people. However, both the application form and employee manual reiterate that employment is at will. The application stated our employment relationship will end whenever we determine that it should. The employee manual had similar language, stating that an employee could be fired at any time, for any reason. It is likely that the employee manual and job application form will be given great consideration. Malloys clear policy of employment at will was outlined in these documents and contradict any promise that was made to Perez early in his career. As in Guz v. Bechtel Natl, Inc., 8 P.3d 1089 (Cal. 2000), an employee handbook is admissible in court to explain or contradict terms of an unintegrated agreement. In Perezs case, the handbook will likely contradict the presidents statement that his job would always be safe. Perez agreed with the company president that he was fine with his reassignment. He continued working in this position for an entire year. There was never a clear agreement that Perez would only be fired for just cause, and there was no indication that this was Malloys company policy. Therefore, it is unlikely that the court will find that Perez had an implied contract of employment that could be terminated only for cause.

Creative Story: Lobito :: essays research papers

Creative Story: Lobito Not once is there a boring moment in my house! That's because of my dog Lobito. Unlike other families that have a human sometimes being the clown of their family, in my family my dog Lobito is the clown. He has got to be the funniest dog alive. From his jealousy fits, and his way of picking fights with the rest of the dogs to his no stop playing with his stuffed animals. Well the best place to start would be by describing his way of fighting with other dogs. He's straight out of one of those movies where there saying â€Å" hold me back†. No matter how big the dog is he will challenge him. This would be great if he actually followed through with his threat but he doesn't. He has this funny habit that when were holding him back from another dog, his bark starts getting louder. While holding him back he tends to pull and yank hard, and almost say â€Å"let me at him†. The funny part is when we actually do let him go, he's surprised we let him go , and gives us this look like hey hold me back! Another thing that goes along with his fighting techniques, are his day dream desires of being a security dog. We have this one dog named Pinto that Lobito hates with all his heart. Being that Pinto is alot older and bigger than Lobbito , Lobito never dares raise a bark at Pinto. But don't ever tell Pinto to go outside the house, because as soon as Lobito hears the words â€Å"Pinto outside†, hell breaks loose. Lobito will come tearing around the corner like if he heard Puppy Chow was going to be on sale. He starts barking and yelping right behind Pinto with an occasional nip at his tail. At the same time while this is all going on he tends to give us a look that says how am I doing? Well that's not the worst part, the worst part is when it comes to his jealousy. It could be said that Lobito has this idea that he's number one, and he's got this idea for everything that happens to him. Due to this idea of his we make it a point not to pet any other dog besides him while he's around, and if we accidentally do pet another dog he makes it clear to us he's upset with us by growling. We never let him catch us petting another dog! He'll come right up

Family Sytem Theory Essay

Family therapy is a form of counseling which specializes in treating family relationships. Marriage and Family Therapists can work with every combination of family relationship (whole families or couples, parents with children or individual members) to assist a family to function in more comfortable and useful ways. While most family therapists work alone with family members, others may work in pairs or a larger team of therapists. How Does Family Therapy Work? Family systems theory proposes that we as individuals first learn about ourselves, our emotions and how to manage close relationships from the experience we have growing up in our family of origin. This personal experience influences how we tend to function in all other relationships we may have throughout our lives. As we come to better understand ourselves in our family emotional system, and work to heal our natural, anxious reactions to it, we can become more flexible in our marriages, our parenting, and our work and community relationships. What Kinds of Therapy Does Family Therapy Use? While some forms of family therapy are based in cognitive, behavioral, experiential or psychodynamic psychology, the most commonly practiced methods of this therapy are based on family systems theory. Family therapy developed its theoretical foundations fifty years ago from the developing, cross disciplinary body of knowledge called systems theory. Systems theoryproposes that everything we experience in the world is interconnected to its context, and can’t be fully understood without it. When it comes to human beings, then, we don’t know who we are without understanding the relationships we have. Those relationships include the ones we have with family, our friends, our neighborhood and cultures, our work and school environments, and those we may have with the larger systems of language, gender, nationality, or religion. Professional Accreditation and Family Therapy Family Therapy is specific to the graduate training of Licensed Marriage and Family Therapists (LMFT). LMFTs can be found in private, group and clinical therapy practices across the United States and abroad. Other psychological professionals, such as psychologists, social workers, and professional counselors may also have received some advanced training in family system therapy, and may use its principles and ideas in their work. The number of sessions depends on the situation, but the average is 5-20 sessions. A family therapist usually meets several members of the family at the same time. This has the advantage of making differences between the ways family members perceive mutual relations as well as interaction patterns in the session apparent both for the therapist and the family. These patterns frequently mirror habitual interaction patterns at home, even though the therapist is now incorporated into the family system. Therapy interventions usually focus on relationship patterns rather than on analyzing impulses of the unconscious mind or early childhood trauma of individuals as a Freudian therapist would do – although some schools of family therapy, for example psychodynamicand intergenerational, do consider such individual and historical factors (thus embracing both linear and circular causation) and they may use instruments such as the genogram to help to elucidate the patterns of relationship across generations. The distinctive feature of family therapy is its perspective and analytical framework rather than the number of people present at a therapy session. Specifically, family therapists are relational therapists: They are generally more interested in what goes on between individuals rather than within one or more individuals, although some family therapists—in particular those who identify aspsychodynamic, object relations, intergenerational, EFT, or experiential family therapists—tend to be as interested in individuals as in the systems those individuals and their relationships constitute. Depending on the conflicts at issue and the progress of therapy to date, a therapist may focus on analyzing specific previous instances of conflict, as by reviewing a past incident and suggesting alternative ways family members might have responded to one another during it, or instead proceed directly to addressing the sources of conflict at a more abstract level, as by pointing out patterns of interaction that the family might have not noticed. Family therapists tend to be more interested in the maintenance and/or solving of problems rather than in trying to identify a single cause. Some families may perceive cause-effect analyses as attempts to allocate blame to one or more individuals, with the effect that for many families a focus on causation is of little or no clinical utility. It is important to note that a circular way of problem evaluation is used as opposed to a linear route. Using this method, families can be helped by finding patterns of behaviour, what the causes are, and what can be done to better their situation.

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