Lano Johnson
Social Media Post 2: Experience the MJ Program
September 15, 2022
Has the idea of the MJ Program matched up to the experience? I would say yes; it has matched and exceeded my expectations. I say this because the program has put what I thought to rest and provided clear guidance and law as how to handle all aspects of employment pertaining to employment law under Title VII and Title V. Being a Human Resources Specialist comes with a lot of hats and to me the most valuable tool you can have is knowing the law and how to go about to find and research the law that supports whatever situation taking place.
IRAC is my now tool that I use to address any situation to make sure I have covered every aspect to make sure I get and understand what is required with the situation. Whether the situation is simple or complex at its core there is a basic logic to approach that legal analysis. Issues, rule, statement rule explanation, application (support analysis), application (counter-analysis), and conclusion (IRAC) which is the typical legal analysis method. Using this method has allow me to approach each situation with a deductive reasoning meaning starting with a logical premise, then drawing a conclusion. Before this I could even begin to tell you my method because I did not have one learning this method allow me to approach all situation with IRAC with a reasoning from the general to the specific. To be able to guide my analysis through the deductive process.
When I think about IRAC, I think about FMLA and how taking this course allow me to dive more into the law Title V and understand all aspects of it. Title 9 is my best friend when you have and issue or example. When you have an employee whom was out because of a medical situation in between time your organization hired a term employee to work in the absence of the employee but the supervisor loves how the term employee is working and the term employee contract is up in three weeks. The employee whom position the term employee is in comes back to work three days before the term employee expires. Had to explain to the supervisor that this would be an issue if both employees were going to be at the organization, then it would be a reinstatement potentially sinking the organization altogether that would constitute substantial and grievous economic injury. The position is still available and not at risk in which we have to allow the employee to come back to the equivalent position everything worked out. I had to explain this to the supervisor whom wanted to not allow the employee to come back to work and to hire the term employee and make him/her permanent. You have to make sure your employer understands the law and what is required because under Title 29 Subtitle B Chapter V Subpart C part 825 subpart B §825.215 Equivalent Position §825.214 Employee right to reinstatement and §825.219 Rights of a Key Employee. Says different and will break down why you can or cannot. Because we had no reason why we cannot reinstate the employee when we hired a term employee to do the employee job making the exact same amount of money but a little higher. That would cause a big law suit and we do not need that at this time Not knowing the law and how to move about this process and having my IRAC handy this could of went different. Knowledge is key.
Being in this program I do not know if I would have been able to approach it in this matter with the correct information. It has given me the opportunity to be promoted and make changes that will impact for a long time. So, when I think about the program, I speak of it every chance I get because it has impacted me and gave me the push to say and mention differences and changes, I might have never thought about or spoke up about. Having this degree and learning the law gave me an extra confidence to want to change so many things. I hope able to articulate how much this program has made me a better Human Resources Specialist and a valuable access to my team at work. I am the person they want to review and make sure they are moving forward according to the law.
Experience the MJ Program © 2022 by Lano Johnson is licensed under CC BY-ND 4.0
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