Litigation vs. Common Sense and Compassion

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Litigation vs. Common Sense and Compassion
Michelle Manns
August 22, 2012
Theresa Jones

Litigation vs. Common Sense and Compassion
This essay will focus on the motivation in the phrase “Common sense and compassion in the workplace has been replaced by litigation.” As a business relationship emerges between an employer and employee negotiations, agreements, rules, and guidelines are formed. Normally these arrangements and duties are established through the human resources (HR) department along with expectations that an individual will perform their job with acceptable common sense and compassion if necessary. However, it currently appears that common sense or compassion has been exchanged for lawsuits within the workplace. Ultimately this has forced the HR department to become more apprehensive with concerns of legal, safety, and regulatory requirements surrounding employees and protecting the organization. In agreement with the above statement, the following information will examine legal, safety, and regulatory processes. The Legal Process versus Common Sense and Compassion

Today's legal process in the workplace consists of federal and state laws, civil service rules, collective bargaining agreements, contracts, company personnel handbooks, and employer practices (American Bar Association Family Legal Guide, 2004). However as most employees show their colorful personalities at work when abiding by these guidelines, misinterpretations can arise offending others. Their actions or activities can unfortunately bring forth lawsuits against the individuals or the organization. For example, a manager with a flamboyant way of addressing employees, giving orders, or even telling jokes can turn in to a legal battle. The managers’ actions may be their ways of incorporating a more personal work atmosphere in hopes of making the employees feel relaxed and productive, but the employees can perceive it as creating a hostile work environment. A boss...
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