...Assignment #1 – Davis v. The Board of County Commissioner of Doña Ana County Lisa Auvil January 22, 2012 Business Employment Law - HRM 510 Dr. Zelphia A. Brown, SPHR, Instructor Assignment #1 – Davis v. The Board of County Commissioner of Doña Ana County 1. What is the legal issue in this case? The legal issue in this case is negligent referral (Walsh p 148). Negligent referral is when a former employer gives a positive recommendation that leads to half-truths with regards to the character of a former employee. Liability may be imposed if the referral leads to foreseeable and considerable risk or harm to a third party (McCord 1999). Mesilla Valley Hospital (MVH), a psychiatric hospital in Doña Ana County hired Joseph Herrera (Herrera) as a mental health technician on January 20, 1995. Prior to his employment with MVH Herrera was a detention sergeant and classification officer at Doña Ana County Detention Center (Detention Center). According to the plaintiff Herrera was hired by MVH based on the unqualified favorable recommendations from his former Detention Center Supervisors Frank Steele and Al Mochen. The accuracy of these recommendations is the crux of the Plaintiff’s suit against the County ("Davis v. the," 1999). 2. Why does the court conclude that Doña Ana County could be held liable for negligent referral (misrepresentation)? While employed at the Detention Center in 1993 a female inmate alleged that Herrera had sexually harassed her...
Words: 792 - Pages: 4
...What was the legal issue in this case? The legal issue in the case of Davis v. The Board of County Commissioners of Doña Ana County involves whether a person making a recommendation to a prospective employer of another is bound by the actions of the said employee. The case involves a positive, but inaccurate, recommendation of Joseph “Tinie” Herrera as an employee of high character and standards. Herrera had previously been employed at the Dona Ana County Detention Center where his conduct had been under question. He had been under investigation for using his authority as detention sergeant and classification officer to sexually harass female inmates at the detention center. Herrera was accused, in a report authored by Steele, of using his authority over the girls to get sex in exchange for personal favors for them. As Herrera’s immediate supervisor, part of Steele’s job included recommending discipline. His choice would include suspension without pay, demotion in rank, and a possible reassignment away from his accusers. Herrera was informed by Steele on April 5, 1994 that on April 12 he would make these recommendations. Herra resigned before the recommended punishment could take place. However, six days after the resignation, Steele wrote a very impressive, but inaccurate, recommendation to a perspective employer of Herrea. In the letter, he stated how Herrera implemented social programs for the inmates with “imagination and imagination.” (Walsh, 2010) He went...
Words: 630 - Pages: 3
...Davis v. The Board of County Commissioners of Doña Ana County January 23, 2011 1. What was the legal issue in this case? The legal issue in the case of Davis v. The Board of County Commissioners of Doña Ana County involved acts of ill-will which could have been avoided. While employed as a detention officer at the Dona Ana County Detention Center, Joseph Herrera, was accused of unsuitable sexual behavior with female prison inmates and of exchanging favors for sex acts. Herrera’s supervisor, Frank Steele, investigated the charges and advised Herrera that he would be reprimanded. Herrera resigned to avoid disciplinary action. Six days later, Steele wrote a recommendation letter on Herrera’s behalf that portrayed him as an “excellent employee” and told prospective employers: “I am confident that you would find [Herrera] to be an excellent employee.” (Walsh, 2010, p.149). Also, constructive verbal references were made by another Detention Center supervisor. Plaintiff sued the County for negligent misrepresentation alleging that the misinformation provided by the Detention Center employees, Steele and Mochen, actually caused Herrera to be hired at MVH and Plaintiff to be assaulted. 2. Why does the court conclude that Doña Ana County could be held liable for negligent referral (misrepresentation)? The court concludes that Doña Ana County could be held liable for negligent referral (misrepresentation) because of the positive references. Herrera acquired a position...
Words: 808 - Pages: 4
...Davis v. The Board of County Commissioners of Doña Ana County Wanda Pennywell Professor Jama Rand HRM 510 July 16, 2011 Abstract In this paper I will discuss the case of Davis v. the Board of County Commissioners of Doña Ana County. In this case Joseph Herrera an employee at the detention center was accused of sexually harassing the female inmates. Herrera’s supervisor at MVH where he was employed, advise Herrera that they will taking actions to discipline him due to the complaints and Herrera resigns. Herrera asks his employers to give him a letter of recommendation for an employer he was applying for and the supervisors give him an outstanding recommendation. His supervisors neglect to tell the prospective employer that at the time of his employment he was under investigation for sexual harassment. Because they did not disclose that information they employed Herrera and he repeated his actions. 1. What was the legal issue in this case? The legal issue in this case is whether or not the Doña Ana County Detention Center was responsible for the actions of Joseph Herrera. While working for the Doña Ana County Detention Center, Herrera was under investigation for sexually harassing various females in the detention center. The sexual harassment claims involved sexual statements and comments, requesting to have sexual relations with the inmates and in some cases receiving sex from the inmates in return for assisting them with various different things. The...
Words: 1106 - Pages: 5
...Running head: DAVIS V. THE COMMISSIONERS OF DONA ANA COUNTY Business Employment Law HRM 510 Abstract This paper will discuss the case of Davis v. The Board of County Commissioners of Dona Ana County. The outcome assessed will determine employment laws that apply to the selection, development, and management of employees. First, I will discuss the legal issue in the case. Secondly, I will explain why the court concluded that Dona Ana County should be held liable for negligent referral.. Thus, I will explain why it should have mattered that the former employer’s investigation was not able to confirm all of the allegations against Herrera. Finally, this paper will discuss the practical implications that the decision held, and if I am convinced by the court’s claim that this ruling should not make employers more reluctant to provide references. Davis v. The Board of County Commissioners of Doña Ana County Introduction This is the case of Davis v. The Board of County Commissioners of Dona Ana County. In this case, a mental health technician employed by the county was investigated for allegedly sexually harassing female inmates under his authority at a detention center. The investigation revealed inappropriate conduct and the technician was informed that disciplinary action would be sought at a hearing scheduled by the employer. The technician voluntarily resigned before the scheduled hearing. Upon his resignation, the employee asked for a letter of recommendation...
Words: 1571 - Pages: 7
...Assignment #1 Davis V. The Board of County Commissioners of Dona Ana Country Kendra Dailey Dr. Edward Sherbert HRM 510 April 28, 2013 What was the legal issue in this case? The legal issue pertaining to the case of Davis v. The Board of County Commissioners of Dona Ana County which could have been prevented through the act of ill will. Joseph Herrera was a detention officer at the Dona Ana County Detention Center in which he was accused of inappropriate sexual behavior with a female prisoner and in exchange for sexual favors. Knowing that Joseph Herrera had the potential of committing a crime but not stopping the act is just as guilty as the person that has committed the crime, with this case an employer owes prospective employers and foreseeable third persons a duty of reasonable care not to misrepresent material facts in the course of making an employment about Joseph Herrera. After resigning from the Dona Ana County Detention Center the director Frank Steele and Assistant director Al Mochen which were Joseph Herrera supervisors gave a positive recognition to the Mesilla Valley Hospital, in which he was hired as a mental health technician. Mariah C. Davis (plaintiff) was convinced that due to untruthful information provided by Steele and Mochen he was able to get employed at the hospital. In my opinion this case is very interesting and brought forth valid points with the case. It also raises the question of us being citizens of the United States are we responsible...
Words: 1018 - Pages: 5
...Assignment #1 Davis V. The Board of County Commissioners of Dona Ana Country Keidra Dailey Dr. Edward Sherbert HRM 510 April 28, 2013 What was the legal issue in this case? The legal issue pertaining to the case of Davis v. The Board of County Commissioners of Dona Ana County which could have been prevented through the act of ill will. Joseph Herrera was a detention officer at the Dona Ana County Detention Center in which he was accused of inappropriate sexual behavior with a female prisoner and in exchange for sexual favors. Knowing that Joseph Herrera had the potential of committing a crime but not stopping the act is just as guilty as the person that has committed the crime, with this case an employer owes prospective employers and foreseeable third persons a duty of reasonable care not to misrepresent material facts in the course of making an employment about Joseph Herrera. After resigning from the Dona Ana County Detention Center the director Frank Steele and Assistant director Al Mochen which were Joseph Herrera supervisors gave a positive recognition to the Mesilla Valley Hospital, in which he was hired as a mental health technician. Mariah C. Davis (plaintiff) was convinced that due to untruthful information provided by Steele and Mochen he was able to get employed at the hospital. In my opinion this case is very interesting and brought forth valid points with the case. It also raises the question of us being citizens of the United States are we responsible...
Words: 1018 - Pages: 5
...David v. The Board of County Commissioners of Dona Ana County HRM 510/Business Employment Law April 28, 2014 David v. The Board of County Commissioners of Dona Ana County In the case of David v. The Board of County Commissioners of Dona Ana County, the Mexico Supreme Court of Appeals held that when any employer chooses to provide an employment recommendation, the employer has a duty to not make negligent misrepresentation of current or past employee’s record when there is foreseeable potential risk of physical harm to the third party by the employee. In this case Joseph Herrera, an employee at the detention center was accused of sexually harassing the female inmates. Herrera’s supervisor at MVH where he was employed, advise Herrera that they will taking actions to discipline him due to the complaints and Herrera resigns. Herrera asks his employers to give him a letter of recommendation for an employer he was applying for and the supervisors give him an outstanding recommendation. His supervisors neglect to tell the prospective employer, that at the time of his employment, he was under investigation for sexual harassment. Because they did not disclose that information they employed Herrera and he repeated his actions. What was the legal issue in this case? There are two legal issues in question in the case of David v. The Board of County Commissioners of Dona Ana County. The issues in question are whether the employers feel the need to talk, and the employers choosing...
Words: 956 - Pages: 4
...David v. The Board of County Commissioners of Dona Ana County April 28, 2014 David v. The Board of County Commissioners of Dona Ana County In the case of David v. The Board of County Commissioners of Dona Ana County, the Mexico Supreme Court of Appeals held that when any employer chooses to provide an employment recommendation, the employer has a duty to not make negligent misrepresentation of current or past employee’s record when there is foreseeable potential risk of physical harm to the third party by the employee. In this case Joseph Herrera, an employee at the detention center was accused of sexually harassing the female inmates. Herrera’s supervisor at MVH where he was employed, advise Herrera that they will taking actions to discipline him due to the complaints and Herrera resigns. Herrera asks his employers to give him a letter of recommendation for an employer he was applying for and the supervisors give him an outstanding recommendation. His supervisors neglect to tell the prospective employer, that at the time of his employment, he was under investigation for sexual harassment. Because they did not disclose that information they employed Herrera and he repeated his actions. What was the legal issue in this case? There are two legal issues in question in the case of David v. The Board of County Commissioners of Dona Ana County. The issues in question are whether the employers feel the need to talk, and the employers choosing to recommend employees owe any...
Words: 951 - Pages: 4
...Davis v. the Board of County Commissioners of Dana Ana County Patty Turner Dr. John Loblack HRM510 Business Employment Law 11/01/2012 Davis v. the Board of County Commissioners of Dana Ana County This case explores the fundamental legal issue of negligent referrals or misrepresentations of facts that an employer provides regarding a previous employee. Questions for the court to evaluate regarding the matter are: What if provided references are misleading? Can an employer be sued for exercising negligence in referring an unfit employee who harms or show foreseeable possibilities of causing harm on a new job? Who bestows the duty of care? What was the legal issue in this case? The legal issue in the case of Davis v the Board of County Commissioners of Doña Ana County involved the misrepresenting of referral information of a previous employee, Joseph Herrera. Herrera was a detention officer at the Dona Ana County Detention Center who was disciplined for having improper sexual interaction with female prison inmates. In spite of these unprofessional issues, Herrera’s supervisor, Frank Steele, gave him an outstanding reference; a reference that helped him secure another position at another institution. In addition to Steele’s excellent letter of reference, Herrera received a positive verbal recommendation from another supervisor, Mochen. Unfortunately, Herrera did not live up to the positive referrals he received from...
Words: 995 - Pages: 4
...Davis v. The Board of County Commissioners of Dona Ana County What was the legal issue in this case? The legal issue in this case was deciding whether an employer owes prospective employers and foreseeable third persons a duty of reasonable care not to misrepresent material facts in the course of making an employment recommendation about a present or former employee, when a substantial risk of physical harm to third persons by the employee is foreseeable (Walsh, 2010). The defendant in this case is Joseph "Tinie" Herrera and the plaintiff is Mariah C. Davis. Joseph former supervisors Frank Steele (Director) and Al Mochen (Captain and Assistant Director), both gave positive endorsements about him to the Mesilla Valley Hospital (MVH). They hired Herrera based on the favorable recommendations, which was the heart of the Plaintiff's suit against the County. Mariah C. Davis sued the County of Dona Ana (the County) for injuries suffered during a patient stay at Mesilla Valley Hospital (MVH)." Davis alleged that hospital employee Joe Herrera sexually assaulted her. The Plaintiff alleged that MVH’s decision to hire Herrera was based on misinformation provided by Steele and Mochen. Why does the court conclude that Doña Ana County could be held liable for negligent referral (misrepresentation)? According to Mann (2000), “The Court of Appeals held that when the county law enforcement officers (Steele and Mochen) undertook to provide an employment...
Words: 1204 - Pages: 5
...CALIFORNIA CALIFORNIA An Interpretive History TENTH EDITION James J. Rawls Instructor of History Diablo Valley College Walton Bean Late Professor of History University of California, Berkeley TM TM CALIFORNIA: AN INTERPRETIVE HISTORY, TENTH EDITION Published by McGraw-Hill, a business unit of The McGraw-Hill Companies, Inc., 1221 Avenue of the Americas, New York, NY 10020. Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved. Previous editions © 2008, 2003, and 1998. No part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, without the prior written consent of The McGraw-Hill Companies, Inc., including, but not limited to, in any network or other electronic storage or transmission, or broadcast for distance learning. Some ancillaries, including electronic and print components, may not be available to customers outside the United States. This book is printed on acid-free paper. 1234567890 QFR/QFR 10987654321 ISBN: 978-0-07-340696-1 MHID: 0-07-340696-1 Vice President & Editor-in-Chief: Michael Ryan Vice President EDP/Central Publishing Services: Kimberly Meriwether David Publisher: Christopher Freitag Sponsoring Editor: Matthew Busbridge Executive Marketing Manager: Pamela S. Cooper Editorial Coordinator: Nikki Weissman Project Manager: Erin Melloy Design Coordinator: Margarite Reynolds Cover Designer: Carole Lawson Cover Image: Albert Bierstadt, American (born...
Words: 248535 - Pages: 995
...Oracle® Trading Community Architecture Reference Guide Release 12.1 Part No. E13569-04 August 2010 Oracle Trading Community Architecture Reference Guide, Release 12.1 Part No. E13569-04 Copyright © 2003, 2010, Oracle and/or its affiliates. All rights reserved. Primary Author: Ashita Mathur Contributor: Ajai Singh, Amy Wu, Anish Stephen Avinash Jha, Harikrishnan Radhakrishnan, Leela Krishna, Nishant Singhai, Ramanasudhir Gokavarapu, Shankar Bharadwaj Oracle is a registered trademark of Oracle Corporation and/or its affiliates. Other names may be trademarks of their respective owners. This software and related documentation are provided under a license agreement containing restrictions on use and disclosure and are protected by intellectual property laws. Except as expressly permitted in your license agreement or allowed by law, you may not use, copy, reproduce, translate, broadcast, modify, license, transmit, distribute, exhibit, perform, publish or display any part, in any form, or by any means. Reverse engineering, disassembly, or decompilation of this software, unless required by law for interoperability, is prohibited. The information contained herein is subject to change without notice and is not warranted to be error-free. If you find any errors, please report them to us in writing. If this software or related documentation is delivered to the U.S. Government or anyone licensing it on behalf of the U.S. Government, the following notice is applicable: U.S...
Words: 64557 - Pages: 259
...GMO MYTHS AND TRUTHS An evidence-based examination of the claims made for the safety and efficacy of genetically modified crops Michael Antoniou Claire Robinson John Fagan June 2012 GMO Myths and Truths An evidence-based examination of the claims made for the safety and efficacy of genetically modified crops Version 1.3 by Michael Antoniou Claire Robinson John Fagan © Earth Open Source www.earthopensource.org 2nd Floor 145–157, St John Street, London EC1V 4PY, United Kingdom Contact email: claire.robinson@earthopensource.org June 2012 Disclaimer The views and opinions expressed in this paper, or otherwise published by EOS, are those of the authors and do not represent the official policy, position, or views of other organizations, universities, companies, or corporations that the authors may be affiliated with. GMO Myths and Truths 2 About the authors Michael Antoniou, PhD is reader in molecular genetics and head, Gene Expression and Therapy Group, King’s Cols: lege London School of Medicine, London, UK. He has 28 years’ experience in the use of genetic engineering technology investigating gene organisation and control, with over 40 peer reviewed publications of original work, and holds inventor status on a number of gene expression biotechnology patents. Dr Antoniou has a large network of collaborators in industry and academia who are making use of his discoveries in gene control mechanisms for the production of research, diagnostic and therapeutic products...
Words: 78055 - Pages: 313
...2012 Doing business in a more transparent world C O M PA R I N G R E G U L AT I O N F O R D O M E S T I C F I R M S I N 1 8 3 E C O N O M I E S © 2012 The International Bank for Reconstruction and Development / The World Bank 1818 H Street NW Washington, DC 20433 Telephone 202-473-1000 Internet www.worldbank.org All rights reserved. 1 2 3 4 08 07 06 05 A copublication of The World Bank and the International Finance Corporation. This volume is a product of the staff of the World Bank Group. The findings, interpretations and conclusions expressed in this volume do not necessarily reflect the views of the Executive Directors of The World Bank or the governments they represent. The World Bank does not guarantee the accuracy of the data included in this work. Rights and Permissions The material in this publication is copyrighted. Copying and/or transmitting portions or all of this work without permission may be a violation of applicable law. The World Bank encourages dissemination of its work and will normally grant permission to reproduce portions of the work promptly. For permission to photocopy or reprint any part of this work, please send a request with complete information to the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, USA; telephone: 978-750-8400; fax: 978-750-4470; Internet: www.copyright.com. All other queries on rights and licenses, including subsidiary rights, should be addressed to the Office of the Publisher, The World Bank, 1818...
Words: 173471 - Pages: 694
