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COMPENSATION AND BENEFITS ADMINISTRATION

Common Workplace Problems in Different Legal Environments

Matthew W. Finkin, Joel Cutcher-Gershenfeld, Takashi Araki, Philipp Fischinger, Roberto Fragale Filho, Andrew Stewart and Bernd Waas

-Multinational_Human_Resource_Management / Division: 06-PartVI /Pg. Position: 25 / Date: 31/5 JOBNAME: Finkin PAGE: 26 SESS: 4 OUTPUT: Mon Aug 12 09:57:09 2013 MULTINATIONAL HUMAN RESOURCE MANAGEMENT AND THE LAW PROBLEM 17: NON-COMPETITION AND CONFIDENTIALITY AGREEMENT The company had been a family-owned business, located in the state of Indiana, U.S.A. The company designs and manufactures specialized industrial heating and cooling equipment. It has been taken over by a hedge fund. The new management has a long-term business plan based on the success of recently developed computerized systems the company

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Multinational Human Resource Management and the Law

Common Workplace Problems in Different Legal Environments

Matthew W. Finkin, Joel Cutcher-Gershenfeld, Takashi Araki, Philipp Fischinger, Roberto Fragale Filho, Andrew Stewart and Bernd Waas

Multinational corporations face considerable complexity in setting the terms and conditions of employment. Differing national laws prevent firms from developing consistent sets of employment policies, but, at the same time, employees are often expected to work closely with colleagues located in many different countries and seek comparable treatment. This critical volume offers a comprehensive analysis of how these contradictory issues are dealt with in five countries – Australia, Brazil, Germany, Japan and the United States.
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WRONGFUL DISCHARGE

Common Workplace Problems in Different Legal Environments

Matthew W. Finkin, Joel Cutcher-Gershenfeld, Takashi Araki, Philipp Fischinger, Roberto Fragale Filho, Andrew Stewart and Bernd Waas

must complain exclusively to the National Labor Relations Board (NLRB); discharge as the result of unlawful discrimination, of which the employee must first complain to the Equal Employment Opportunity Commission (EEOC), and which could then be heard in an individual lawsuit brought in federal or state court; discharge in violation of any number of state laws, which would have to be resolved by litigation, commonly in a state court; discharge allegedly not for “just cause” under a collective bargaining agreement, which would be subject to a union/management grievance