...INTEROFFICE MEMORANDUM TO: DONALD ERTL: CEO FROM: M.T. ALLEN: HR SPECIALIST SUBJECT: EMPLOYEE CONSTRUCTIVE DISCHARGE SUITE DATE: 7/22/2012 CC: LEGAL DEPARTMENT I. PROBLEM: We have received notice of suit arguing that the plaintiff, a former employee, was forced to resign due to constructive discharge. The plaintiff is seeking injunctive relief under Title VII of the Civil Rights Act of 1964. Even though the employee is the one who has quit, it is ERTL Toys that can be legally liable for lost wages, pain and suffering, and punitive damages if the plaintiff prevailed. II. DISCUSSION: A. Constructive Discharge Constructive discharge, or constructive dismissal as it is sometimes referred to, makes a legal claim that the employer made a material breach of contract that is implied between the defendant ERTL Toys (“Employer”), and the plaintiff (“Employee"), by making unilateral changes to the implied contract that forces the Employee into a default situation. (Various, 2011)1 Specifically, Employee argues that ERTL Toy’s unilateral change of work schedules made Employee’s continued employment untenable because working on specific holy days is forbidden according to his religious doctrine. B. Title VII 42 U.S.C. § 2000e-2 "Title VII of the Act, codified as Subchapter VI of Chapter 21 of 42 U.S.C. § 2000e [2] et seq., prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin." (Title VII 42 U.S.C. § 2000e-2, 1964)2 The...
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...Elizabeth Gomez Saratoga Hostel v. Avila (2009) In 1999, Maria Avila was hired as a housekeeper by Saratoga Hostel; she was 42 years old. Her duties included: cleaning twelve rooms a day, doing some laundry, and cleaning the hallways as well. Due to the economic crisis of 2009, Saratoga Hostel hired a new business consultant to find ways to reduce costs and personnel. The housekeeping department let go 3 of their 10 employees. The manager then decided to train all employees to clean 14 rooms per day instead of 12. When the training was over, 3 employees could not handle the pressure of the new routine, Avila was of them. These three employees were given another week of training. After that week, when their performance did not improve, the manager called each of the 3 employees to a private meeting, and opened a new part-time/seasonal housekeeper position. Avila was given a verbal warning for her current poor performance (up to this point, Avila’s performance was always described as “good” or “excellent”.) Comments about Avila’s age starting to be heard around the hotel after her warning; she was called “grandma”, and constantly asked if she usually uses her “senior discount” at stores. She was the oldest housekeeper. Also, rumors around the employees were saying that, out of the three employees who were called to speak to the manager, only Avila’s was given a verbal warning. When her performance did not improve, she was terminated in January...
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...[G.R. No. 183383 : April 05, 2010] ANABEL BENJAMIN AND RENATO CONSOLACION, PETITIONERS, VS. AMELLAR CORPORATION, RESPONDENT. D E C I S I O N Amellar Corporation (respondent) provides information technology services to local government units (LGUs) including computerizing their system and operations. In October 1999, respondent hired petitioner Anabel Benjamin (Anabel) who, since March 26, 2001, was the Project Data Controller of its Content Build Up (CBU) Department. The CBU Department of respondent collates and cleanses all the paper data gathered from the LGU-client which are then encoded and fed into the designed operating system. As the most senior member of the department, Anabel was its officer-in-charge. From 2002 to 2003, she administered the CBU functions of respondent's projects in Imus, Cavite and Mabini, Batangas.[1] Petitioner Renato Consolacion (Consolacion), a supervising data controller in respondent's Imus project, directly reported to Anabel.[2] By letter of March 20, 2003, the municipal assessor of Mabini, Batangas informed the manager of respondent that its real property tax administration database was not "100% complete," contrary to the report of respondent's supervising data controller Evangeline Repiano (Evangeline).[3] Melvin Tandoc (Tandoc), respondent's Technology Manager, thus sent Anabel a memorandum of March 27, 2003 reading: This is the first written complaint of such nature that we have received from our client. However...
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...NAME: _______________________________________ CASE 8: Research In Motion: Managing Explosive Growth 1. BACKGROUND INFORMATION |Timeframe |Country(s) Involved |Key Individuals & Titles |Company Type & Size | | | | | | 2. BRIEF SUMMARY OF CASE SITUATION |Business or Industry Description |Particular Company Situation | 3. INDUSTRY AND COMPETITIVE ANALYSIS |Dominant Economic Characteristics |Strategic Group MAP | | | | | | | | | | | | | | ...
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...the right hair, and covering nothing up but your crotch area. This interprets sexuality. The same goes for women. typical images for women are a big chest, a big behind, slim waist, long legs, skinny, oh and flawless. The stereotypes these advertisements perpetuate are that men are supposed to be taller, bigger, heartless, and tough. As for women, they have to be smaller, looked down upon, and even always being innocent. When it comes to race, a white boy has control over the white girl. But when it's a black boy and a white girl, the girl has the control. Go figure that race would have a part in advertisement. Another way race is involved in this is when it comes to colored women, they're seen as animals. They would dress up the colored models into an animal such as a tiger and have her pose as...
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...comparison between model in the past and the present, and how models become more restraints than before. Also we will talk about the advantage of using models and how they can make our life much easy. Models have evolved since the beginning of the century. There are many kinds of models for almost any system or item that exist. Each model uses short, long, simple or complex mathematics formula it depends of which case the models solve. However the models that are used in these recent years are very complex and have many numerous computations which make the only one that can handle it is the computer. These kinds of models are usually use in a wide variety of tasks, such as prevision of the decision made, and an effective answer to everyday problems. During time, models start to be more restraints than before. These kinds of restraints should have value or weight to make a model compatible with the case that model solve. There are several constraints or restraints in each models, one of the most important one is budget of the project. In other words the more wherewithal, the more model accuracy. Mark P. McDonald ( December 8, 2010). To use complex mathematical formula in the models it requires an educated staffs with a good knowledge of model branch, which make the model more expensive and take more time to solve it, comparing with computer time and cost. However the need of special educated persons is strictly required to conclude if the models created by computer...
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...superior performance in a given job, role, or situation.Competency modeling is the activity of determining the specific competencies that are characteristic of high performance and success in a given job. Competency modeling can be applied to a variety of human resource activities. This research paper will describe how organizations identify their core competencies and how they are applying this competency data to improve performance. It will also explain some emerging trends in competency modeling. Developing Competency Models Competencies enable employees to achieve results, thereby creating value. It follows that competencies aligned with business objectives help foster an organization's success. Organizations must understand their core competency needs - the skills, knowledge, behaviors, and abilities that are necessary for people in key roles to deliver business results.According to Boulter, et al (1998), there are six stages involved in defining a competency model for a given job role. These stages are: 1. Performance criteria - Defining the criteria for superior performance in the role. 2. Criterion sample - Choosing a sample of people performing the role for data collection. 3. Data collection - Collecting sample data about behaviors that lead to success. 4. Data analysis - Developing hypotheses about the competencies of outstanding performers and how these competencies work together to produce desired...
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...discovering similarity, maturity, and capability to measure, model asses and evolves the alignment level existing among business and technological assets of an enterprise. The top research issue for currently is the alignment between business processes and supporting software system. For the first time the issue was mention in the 1970 and then several studies and researches were conducted focused the alignment concerns. Actually this paper is aiming to review a proper analysis which considering the alignment topics. From the view of the business and technological alignment, it focuses on the degree of the information technology mission, objectives and plans, support and is supported by the business mission, objective and plans. To looking how the organization can achieve alignment, the traditional approaches have been used, however only a little contribution about how to identify and correct misalignment. To complete the alignment strategies, the modeling and measurement is a must. The phase of modeling is about the various entitled the alignment concept and the links between business and IT entities. Measurement of the alignment degree existing between the chosen assets for establishing if there is any improvement. The alignment is supported by an automatic support where it’s all the processes. There is several approaches was proposed to address issue from modeling to measurement. The approaches are Strategic Alignment Model (SAM) which used for financial service firms for determining...
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...Problems: 1. Essay: from either 2.2.3, 2.4 or 5.2 2. Setting up a model. (like one of the modules) (Review modules and cases-Try setting them up) 1. Given a problem statement and a set-up module, give an Analysis- (will be given a spreadsheet) QBA Sample Quiz click on files Log into Blackboard: QBA- Content Open file and save to desktop as “ lastname-id#(without @ sign)-9:40 ” When done, load files back into blackboard. Have until 11:00. MENTAL MODELS AND FORMAL MODELS Informal Modeling- Informal modeling= mental modeling * Continues on through the problem solving stage * Problem solvers conduct quick informal mental models @ various stages in the process. * Ask a series of mental questions * Helps relate cause and effect – in a simplified , incomplete way * Helps determine what might be feasible in a given situation * Always influenced by our implicit preferences for certain outcomes over others. * Useful but extremely limiting * Sometimes don’t provide sufficient insight. Formal models- * Provide same information as mental models * Links causes to effects and help evaluate potential solutions * Used to measure how well each solution...
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...1. MACRO ENVIRONMENT Social Forces Two publicly controversial issues in the modelling industry are slenderness and racial exclusion. Models do much more than promote the sale of fashion. The model look promotes and distributes ideas about how women and men should look. Models “do gender” professionally in ways that connect with social positions such as race, ethnicity and class, and there are many critiques of fashion models and their gendered and racial meanings. Modelling succeeds on the criticism of the female body and the gap between promoted beauty ideals and reality. As women gain political and social ground, beauty ideals are held to higher extremes of slenderness and perfection. Another social force for clients is they face uncertainty of changing consumer desires as they are highlighting the importance of healthy lifestyles and body types. Demographics For fashion models age is a very strong factor in the selection process. Models are usually discovered between the ages of 12 to 20 by agents or scouts. High fashion modeling agencies often demand height and body shape requirements and have strong preferences for standards. With cultural diversification of the Western world, ethnic diversity is becoming an important factor for all people in the modeling industry. Moreover, various races and backgrounds are becoming progressively noticeable. Anita Norris needs to be aware of the changing demographic trends in the modeling industry Technological Factors...
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...beauty whether it is appearance, their personality or the work they have done. Looking into celebrity culture, people follow it to help them feel beautiful or use celebrities as motivation. Celebrities are our role models and we try to follow them in the latest fashion like clothing, hair, make-up and acting. Teens especially want an iconic person to look up to and follow them for their selflessness deeds and actions. Celebrities like Tyra Banks, Oprah Winfrey, and Queen Latifah are example of iconic celebrities that many people look up to and try to mimic in order to feel self-fulfilled. Celebrity culture does help define our view of beauty for men and women worldwide. The celebrity culture is in our lives every day, people try to copy them in any way possible because they are they’re our role models. Tyra Banks is an exceptional model that has been through many difficulties as an African American model. She faced racism as a child when she first began her modeling career. As she was getting older she began to put aside all the harsh comments and continued her passion for modeling. Tyra Banks was the first black young woman in the modeling business. As she was growing up, she became very famous because of her age, origin, and difficulties she faced as a young model. Many teens started to look up to her and wanted to be just like her. Tyra was tall, skinny, and smart, she was the perfect package. Many people liked her because of her beauty; boys would love her, while many girls...
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...body image, which can lead to unhealthy behaviors as women and girls strive for the ultra-thin body idealized by the media. This essay will attempt to prove that the media has a brutal effect on a women’s confidence. First, the media portrays that beauty is a necessity for all women. Unfortunately, the media pushes an unnatural body type, making natural beauty impossible to accept. The average American woman is 5\'4\" tall and weighs 140 pounds. Where as, the average American model is 5\'11\" tall and weighs 117 pounds ( Nikki Katz). Society is being brainwashed by the media. In fact, studies show that more than sixty percent of women do not like what they see in the mirror (Rutherford). Also, at young ages girls are impacted by the physical appearance of Barbie. Many people do not understand that looking like Barbie is physically impossible. Moreover, the models women see in magazines are completely flawless, and have incredible bodies. The majority of society could never look as good as the models they see. To summarize, women are discouraged with their bodies because the media only show beautiful...
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...Computer Simulation: The process of computer simulation is mainly used for the purpose of generating an abstract model of a specific system. The way how system behaves can be shown by this along with few other activities involving constructing, designing and defining a model of a system. Simulation can be defined as mimicking or imitating through experimentation with a model of some real system Importance of Simulation: To lead a day-to-day life, many industries such as Healthcare, Military, Retail, Logistics etc. also makes use of these simulation models for their routine work to be done in an effective way. When these industries face problems they can be solved by acquiring the knowledge of simulation software which can be obtained by the use of analysis and modeling Simulation & Modeling can be used in various areas such as: In call centers- Simulation used in call centers is mainly to assure customer satisfaction. Simulation helps in predicting various calls and analyzing the agents to work on each type of call. Agents are trained in such a way that the waiting time for the incoming call should not be increased and one should respond to it immediately to answer customers queries managing their own time. This way customer satisfaction can be obtained handling numerous calls per day. Therefore simulation helps in call centers to plan and manage the workforce accordingly. In Healthcare- To investigate various diseases and to design new pharmaceutical agents modeling...
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...TOYBOX WORDS:-2292 SUBMISSION:26TH NOVEMBER 2015 Contents 2 INTRODUCTION 3 2.1 Company 3 2.2 Purpose of Report and What it will Cover 3 3 E-BUSINESS 3 3.1 What is E-Business 3 3.2 Definition 4 3.3 Why is it Relevant to Toybox – Discussion of Concept 4 4 STRATEGIES 4 4.1 Definition of a Strategy 4 4.2 Strategy Definition Stage 5 4.3 Decisions That Toybox Should Take At This Point 5 4.3.1 Decision 1: Strategy To Assist with Market and Product Development 5 4.3.2 Decision 2 – Look at the Capabilities of Having a Supply Chain 6 4.3.3 Decision 3:- Looking at Business, Service and Revenue Models 6 5 E-BUSINESS REVENUE MODELS 7 5.1 Definition of a Revenue Model and Why is It Relevant to Toybox 7 5.1.1 Recommendation 1 – Cost Per Click Model - Advertising 7 5.1.2 Recommendation 2 – Auction Models 7 6 CONCLUSIONS 8 7 REFERENCES 9 INTRODUCTION Company Toybox is a toy manufacturer that is continually growing, providing traditional, wooden and educational toys aimed at a specific age group i.e. from birth to eight years old. The toys that they sell are sold in various price brackets ranging from pocket money toys through to toys that are retro inspired. Within the organisation, they have fifteen members of staff who are allocated duties which include designing the toys, purchasing the materials in which to build and manufacture the toys and then through their two outlets in Glasgow and Edinburgh, sell the goods...
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...Jayson Tatum is a influential advocate of being a role model to younger people. Through his actions including the help out a mom program, leadership, and great teammate. “Growing up wasn’t the greatest with my mother that was single. So he told people that when he made it to the nba he would make a single mothers program.” He’s going to help help out families that only have a mom because he grew up that way and wants to give back. Giving back to him is like how he grew up with his single mother and now he wants other mothers to feel appreciated for all the work they do.The importance of Jayson Tatum's social movement is that he has with the single mothers and how he has impacted them. He has helped them buy giving them money and supplies...
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