Question
scenereo: Ravi is a heavy equipment operator at Liffton Construction. He started his position recently, after verbal and email negotiations with an HR representative. He
scenereo: Ravi is a heavy equipment operator at Liffton Construction. He started his position recently, after verbal and email negotiations with an HR representative. He received a written contract and signed without really reading it -- after all, the details had been worked out to his satisfaction. He has just received his first paycheck, and the salary amount does not reflect what he had agreed to (it is substantially less). Ravi checks the contract and finds that the amount on his paycheck reflects what is in the contract, but is not what was agreed to. He reads the contract and finds out that according to the contract, he will be subject to random drug testing. Ravi's spiritual practice involves occasional ceremonial "drug" use (outside of work hours), which would show up on a company-required drug test. Ravi is worried about being let go if he has to take a drug test. He would like to keep working at Liffton, at the originally promised salary.
questions:
- Explain the legal issues in the scenario.
- What advice would you give to the employer in this situation? Your advice should be aimed at preventing or resolving a lawsuit.
- What are the employee's legal rights and responsibilities in this situation?
- What could the employer do in this situation to improve the employment relationship?
- What could the employee do in this situation to improve the employment relationship?
- Come up with a solution to the issues in this scenario -- something that you think would be acceptable to both the employer and the employee.
- If the employee in this scenario was a union member -- what, if anything, would change in terms of resolving this matter?
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