Importance of record keeping and safety data

Article Abstract:

Two incidents that emphasize the importance of the recordkeeping responsibilities of personnel managers are discussed: the recent assessment by the Occupational Safety and Health Administration (OSHA) of a $1,377,700 penalty against Union Carbide for 221 safety and health violations, and the case of EEOC (Equal Employment Opportunity Commission) vs. Maryland Cup, which upheld the EEOC's power to require documentation from employers related to employment histories. The OSHA fine was occasioned, at least in part, by Union Carbide's failure to maintain safety records required by law, and the Maryland Cup Corp. case centered on that corporation's failure to maintain adequate employment records. Both incidents are detailed, as are the legal backgrounds for each action.

United States, Interpretation and construction, Occupational health and safety, Occupational safety and health, Investigations, Labor law, United States. Occupational Safety and Health Administration, Union Carbide Corp., Employment discrimination, United States. Equal Employment Opportunity Commission, Maryland Cup Corp.

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Statute of frauds and wrongful discharge

Article Abstract:

Recent court decisions in wrongful discharge suits are reviewed. They indicate that employers will seldom be held liable for promises they may make such as: 'you'll have a job forever'. In making their decisions, two California appeals courts and a federal Court of Appeals cited the statute of frauds, which requires that oral contracts must be able to be carried out within a year. However, another federal Court of Appeals in New York ruled in favor of the defendant and labeled the 300-year-old statue 'anachronistic'.

Analysis, Statute of frauds, Employee dismissals, Employment terminations, Employment at will, column, Management contracts

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