Discuss the legal implications for employers and employees for requiring employees to sign noncompete agreements.

Unit I Case Study

Instructions

Please read the case DCS Sanitation Management v. Eloy Castillo (and supporting notes), linked in the reference below:

DCS Sanitation Management v. Castillo, 435 F.3d 892, (8th Cir. 2006). Retrieved from https://advance-lexis-com.libraryresources.columbiasouthern.edu/api/permalink/0662e8d7-58b8-4877-a028-3ae9a3249480/?context=1516831

Once you have read and reviewed the case scenario, respond to the following questions:

  1. Discuss the legal implications for employers and employees for requiring employees to sign noncompete agreements. What factors did the court consider in making its decision? Compare and contrast Ohio and Nebraska’s positions on noncompete clauses.
  2. Which state’s laws support ethical reasoning in the resolution of this case?

Your response should be a minimum of two pages in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying APA style citations.

Unit II Journal

Instructions

Read the Case Problem, Cianbro Corporation in Chapter 5, p. 113, #10. Discuss whether a temporary restraining order should be granted. Do you agree with the union’s objections? What is the rationale for your decision?  Your journal entry must be at least 200 words. No references or citations are necessary.

During August to October 2002, Cianbro Corporation applied to the United States Department of Labor and the Maine Department of Labor for H-2B temporary labor certifications for as many as 120 foreign workers to be employed as structural and pipe welders on two giant oil rigs known as the Amethyst 4 and 5 that were under construction in the harbor of Portland, Maine. To make their determinations, the DOL and the Maine DOL were required to calculate prevailing wages and working conditions for the jobs for which Cianbro sought temporary labor certifica- tions pursuant to a DOL regulation, 20 C.F.R. § 656.40. Federal regulations (8 C.F.R. § 214.2(h)(6) (iii)(A)) provided that before filing a petition with the INS (now USCIS) director in whose jurisdiction a petitioning employer intends to employ an H-2B nonagricultural temporary worker, the employer must apply for a temporary labor certification with the Secretary of Labor. The Secretary of Labor’s temporary labor certification provided advice to the INS director on “whether or not United States workers capable of performing the temporary services or labor are available and whether the alien’s employment will adversely affect the wages and working conditions of similarly employed United States workers.” Many qualified and available U.S. workers applied for positions with Cianbro as structural and pipe welders during the period when the DOL was supposed to be reevaluating the matter after receipt of the relevant union’s letter, opposing the company’s application; however, none was offered employment by Cianbro. Meanwhile the federal and state agencies proposed to issue more than 50 H-2B visas. On March 21, 2003 the relevant unions filed an application for a temporary restraining order. Should the court grant this TRO, blocking the issuance of the H-2B visas, pending resolution of the unions’ objections? What policy considerations should the judge take into account on both sides of the controversy when making this decision? [See Maine State Building and Construction Council v. Chao, 265 F. Supp.2d 105 (D. Maine 2003).]

Unit II Essay -link to book is below  

use Chapter 3, 4, and 5 ensure you reference this book and another.

Employment and Labor Law, 9th Edition

Patrick J. Cihon; James Ottavio Castagnera

Instructions

Choose one of the common workplace torts discussed in the chapter readings for this unit (except genetic testing). Prepare a specific policy for the employer that balances the employer and employees’ rights. Give the rationale and support for your policy.

This assignment should be a minimum of one page in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations per APA guidelines.