BUSI2023 – Business Law Learning Activity 6 Avantika Yadav Issue: The primary questions in this case are whether Henry can request accommodations due to the changes in his working environment and if forming a union is a practical way to resolve his grievances.
Rule: Accommodation Rights: Workers often have the ability to ask for accommodations for special needs, such as taking care of family members. This might entail adjusting work schedules.
Employers must participate in an interactive process to develop a solution that benefits both sides, and the accommodation must be fair. (Page no. 2532-2534)
Non-compete agreements and employment contracts: Both types of agreements are legally enforceable, however, their legality may be questioned due to the rationality of the limits and the particulars of the case. (Page no. 3752-3753)
Unionization: Workers can try to form a union in non-unionized workplaces.
Retaliation by management against workers who want to create or join a union is prohibited. Application:
Rights of Accommodation:
Henry is right to be concerned that the adjustments to his work schedule that are being considered would interfere with his parental duties. He is able to ask for a timetable that is more flexible.
Considering his commitments to his family, North49 must speak with Henry to come up with a workable solution.
Non-compete agreements and employment contracts:
Henry may be able to enforce his non-compete agreement, but if the changes to his employment are substantial, it may be questioned if it is fair.
In the event that North49 is imposing modifications that materially modify the conditions of his employment, the non-compete agreement may come under legal examination.
Union Formation:
In a unionized workplace, Henry may have a distinct function as a paid employee and supervisor.
Although there is good reason to be concerned about how unionization would affect the company's survival capacity, employees shouldn't let this stop them from exercising their right to
organize. In conclusion, Henry needs to approach North49 with a request for accommodations, outlining the difficulties the new schedule will provide for his family obligations. Henry may need to get legal counsel if North49 refuses to provide a reasonable accommodation, particularly with regard
