...LAW 531 WEEK 5 A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=law-531-week-5 Visit Our website: http://hwsoloutions.com/ Product Description PRODUCT DESCRIPTION LAW 531 Week 5 Discrimination Scenario Simulation Introduction The Civil Rights Act of 1964 is the most noteworthy act of its kind, which emerged directly from the civil rights movement of the 1960’s. Title VII of the act states that it is illegal for employers, employment agencies, and labor unions to discriminate in respect to compensation, terms, conditions, or privileges in employment by hiring individual based on race, color, sex, religion, and national origin (Cheeseman, 2013). Discrimination was at the forefront of everyone’s mind during the 60s and 70s and many people believe that it has been eliminated it all together, but discrimination is still alive and thriving in our society in the work especially in the workplaces. The paper examines various scenarios of discrimination in workplace as they relate to Title VII reasoning. Scenario 1 Discrimination exists in this scenario because “disparate-impact discrimination occurs when an employer discriminates against an entire protected class.” (Cheeseman, 2013, para.6, p.546). He has a prima facie case of illegal discrimination. The black firefighter is in a protected class because of is race. The black firefighter was singled out to take his bed with him when he transferred from one fire station to next because the fire chief, who...
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...Brent Binns Stymetra Conley Wilson Neely Dillon v Champion Jogbra Arguments Both parties in the lawsuit provide valid points; however, at different points of the trial, flaws and weaknesses come to light. Attempting to discuss which party makes a better case would be extremely complicated considering there were two separate allegations. To avoid this arduous task, we will discuss both arguments throughout this section, one detailing the alleged breach of contract, as well as the alleged promissory estoppel. First we will breakdown the plaintiff’s argument for breach of contract. As previously discussed, Linda Dillon claimed she was wrongfully discharged under three primary reasons. The employee manual clearly spelled out a set disciplinary procedure as corrective action that must take place before termination. Secondly, Dillon knew of another employee who was terminated using the procedures listed in the manual. Lastly, she used the account of the Human Resources manager stating that champion Jogbra could not simply “get rid” of people and was bound by the procedures set in place. The account of the Human Resources manager and the case of the other employee; however, did not provide, in our opinion, a solid basis of evidence. In many cases such as this, the employer does not need to go far to debase this argument. Champion Jogbra simply argued that this process was used for non-salaried employees. Champion was also able to provide extensive documentation to support this...
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...“Dillon vs. Champion Jogbra” Keisha Jones Craig Cleveland Strayer University December 2011 “Dillion vs. Champion Jogbra” (Walsh, 2010, p.589) In the case of Dillion vs. Champion Jogbra, Linda Dillon was hired as a full-time employee to work for the company in August 1997 as a charge-back analyst (Walsh, 2010, p.589). During the summer of 1998, Dillon was asked by Jogbra management to assume to position as the sales administrator (Walsh, 2010, p.590). Dillon applied, interviewed, and was hired for the position. Upon being hired for this position, Dillon was advised that she would receive extensive training for the position and the current manager would train her for the role (Walsh, 2010, p.590). During the month of September, the prior manager return to train Dillon for an additional two days, in which Dillon stated that after that training; she had received a sufficient amount of training for the job (Walsh, 2010, p.590). At the end of September, Dillon was advised by her supervisor and the HR manager that she was being reassigned to a temporary position with the company based on “things not working out” and if she was not able to obtain a permanent job with the company by the end of December she would be terminated (Walsh, 2010, p.590). It is important to keep in mind that Champion Jogbra distributes an employee manual at the time of employment and the first page states “the policies and procedures contained in this manual constitute guidelines...
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...Legal Risk and Opportunity in Employment Law 531 Charles Cook February 7, 2011 Legal Risk and Opportunity in Employment Legal Encounter 1 NewCorp violated a breach of contract with Pat in this case. While NewCorp is an “at-will” employer, they provided an employee handbook to Pat which outlined the procedure for disciplinary process involving the requirement of corrective action. NewCorp failed to follow their own process which supports the wrongful termination suit. Additionally, the case law which would be applicable to this case is Dillon v. Champion Jogbra, Inc. The case has many similarities which can support Pat's claim of wrongful discharge. For example, the implied contract relating to the action stated within the employee handbook to follow a procedure for discipline and/or corrective action prior to discharge. Because NewCorp did not imply that the employee handbook was not a contract at any point within the handbook. Therefore, Pat has grounds for action against NewCorp. Legal Encounter 2 NewCorp has two issues to face in this scenario. The first being the sexual harassment by Sam toward Paula. Sexual harassment is “defined by the Equal Employment Opportunity Commission (EEOC) as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or submission to or rejection of the conduct...
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...NewCorp Scenarios Legal Brief LAW 531 April 16, 2012 NewCorp Scenarios Legal Brief Question 1: What liabilities and rights do NewCorp and Pat have in this situation? What legal principles, such as statutory or case law, support those liabilities and rights? Answer: State of Vermont is an “at-will” employment state. The definition of “at-will” means the employer or employee can terminate the contract at any time without liability to other party. This gives NewCorp the right to fire, hire, or terminate for any or no reason as long as it is not illegal. When the employer terminates the contract it is a revocation of authority and when the employee terminates the contract it is renunciation of authority. NewCorp used revocation of authority to discharge Pat and did not violate any rights. Pat acknowledged that the contract he signed clearly said that NewCorp observed employment at will with respect to discharge. Written employment agreements are always enforceable in the court of law (Cheeseman, H. (2010). On the other hand when Pat signed and accepted employment he received the NewCorp personnel manual. In the manual he found that NewCorp has the policy or process in place for dealing with unsatisfactory employees. This gives Pat an implied impression that NewCorp “at-will” policy is limited. If Pat gets legal help and shows that he relied on the provision of the manual in continuing his employment with company or that the law of promissory estoppel applies, Pat could...
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...action plan nor did WireTech give Clark any indication that they were unsatisfied with his performance until they were prepared to let him go. According to Jennings, ”Many courts have implied the existence of a contract due to the presence of promises, procedures, and policies in an employee personnel manual. Personnel manuals have been held to constitute, both expressly and impliedly, employee contracts or to become part of the employee contract when they are given to employees at the outset”(Jennings, pg.727). One factor that determines an implied contract is the reliance on the employee manual (Jennings, 2006). With this information being known Clark has the right to consult with an attorney if he chose to do so. In the case of Dillon v. Champion Jogbra, Inc. Linda Dillion brought a suit against Jogbra for wrongful termination. Ms. Dillion’s case is very similar to Clark's situation however; Clark will have to prove that he was wrongfully terminated. It may be difficult for Clark to do because WireTech is an “at will”...
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...action plan nor did WireTech give Clark any indication that they were unsatisfied with his performance until they were prepared to let him go. According to Jennings, ”Many courts have implied the existence of a contract due to the presence of promises, procedures, and policies in an employee personnel manual. Personnel manuals have been held to constitute, both expressly and impliedly, employee contracts or to become part of the employee contract when they are given to employees at the outset”(Jennings, pg.727). One factor that determines an implied contract is the reliance on the employee manual (Jennings, 2006). With this information being known Clark has the right to consult with an attorney if he chose to do so. In the case of Dillon v. Champion Jogbra, Inc. Linda Dillion brought a suit against Jogbra for wrongful termination. Ms. Dillion’s case is very similar to Clark's situation however; Clark will have to prove that he was wrongfully terminated. It may be difficult for Clark to do because WireTech is an “at will” employer, and Clark signed...
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...#1 Liabilities Facing Newcorp When an employee fills out an application, the form concludes with the acknowledgement of employment at-will. This practice is widely used unless employment parameters are established by a contract. Pat acknowledges signing a statement of employment at-will, but he claims the employee manual illustrates the procedure used when contending with unsatisfactory performance. The case of Dillon v. Champion Jogbra, Inc. examined the ambiguity of the manual. On the first page of the manual, according to Jennings (2006), “The policies and procedures contained in this manual constitute guidelines only. They do not constitute part of an employment contract” (p. 728). As the reader reads each section, he or she may misinterpret a policy as binding. The court ruled that the manual stated the company’s intentions on the first page. Pat’s assumption of outside related concerns is merely an assumption. The company did not express any knowledge of Pat’s opinions made at the school board meeting. The first amendment of the Constitution would have protected Pat’s freedom of speech. Suggestions for Newcorp The employment at-will statement does not always protect employers from possible litigation. Employees at-will may still establish a claim for wrongful termination under promissory estoppel if that employee can prove the termination breached a specific promise made by the employer (Jennings, 2006). A jury would determine if the promises substantiated a change from...
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...Abstract An agency relationship exists by common consent and specifies duties and responsibilities on both sides. NewCorp and its employees have an agency relationship, which NewCorp is the principal and the employees are the agents. NewCorp currently faces three encounters. In lieu of obtaining legal advice, NewCorp has requested Team C to make the following assessments regarding the legal risks and opportunities involved in these three legal encounters. The assessments will include the liabilities from NewCorp’s perspective as well as the employee’s perspective along with the regulatory and compliance requirements. The assessments will also reference some of the legal principles in this week’s reading materials that support our decisions. Legal Risk and Opportunity in Employment Encounter 1 NewCorp hired Pat as a manager of real property, which includes responsibilities for the activities related to maintaining leased office space in Vermont. Upon employment, he signed an understanding that the company observed employment “at will” in respect to discharge. He was also given an employee handbook that outlined the company’s process for dealing with unsatisfactory employees, which stated that an employee would be notified of unsatisfactory performance and placed on a corrective action plan. If the employee’s performance did not improve to a satisfactory level within the specified time frame, the employee could be terminated. After three months of employment...
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...doi:10.3926/jiem.2010.v3n1.p11-32 JIEM, 2010 – 3(1): 11-32 – Online ISSN: 2013-0953 Print ISSN: 2013-8423 A case study of lean, sustainable manufacturing Geoff Miller1, Janice Pawloski2, Charles Standridge 3 1 Grand Rapids Chair Company (USA); 2, 3 School of Engineering, Grand Valley State University (USA) geoff@grandrapidschair.com; pawloskj@gvsu.edu; standric@gvsu.edu Received December 2009 Accepted May 2010 Abstract: A small furniture production company has integrated lean tools and sustainability concepts with discrete event simulation modeling and analysis as well as mathematical optimization to make a positive impact on the environment, society and its own financial success. The principles of lean manufacturing that aid in the elimination of waste have helped the company meet ever increasing customer demands while preserving valuable resources for future generations. The implementation of lean and sustainable manufacturing was aided by the use of discrete event simulation and optimization to overcome deficits in lean’s traditional implementation strategies. Lean and green manufacturing can have a more significant, positive impact on multiple measures of operational performance when implemented concurrently rather than separately. These ideas are demonstrated by three applications. Keywords: lean manufacturing, green manufacturing, case-study, discrete event simulation, optimization 1 Introduction Manufacturers are under tremendous pressure...
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...EXORBITANT PRIVILEGE EXORBITANT PRIVILEGE The Rise and Fall of the Dollar and the Future of the International Monetary System Barry Eichengreen Oxford University Press, Inc., publishes works that further Oxford University’s objective of excellence in research, scholarship, and education. Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offices in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Copyright © 2011 by Barry Eichengreen Published by Oxford University Press, Inc. 198 Madison Avenue, New York, NY 10016 www.oup.com Oxford is a registered trademark of Oxford University Press All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Oxford University Press. Library of Congress Cataloging-in-Publication Data Eichengreen, Barry J. Exorbitant privilege : The Rise and Fall of the Dollar and the Future of the International Monetary System / Barry Eichengreen. p. cm. Includes bibliographical references and index. ISBN 978-0-19-975378-9 1. Money—United States—History—20th century. 2. Devaluation of currency—United States—History—21st century. 3. United States—Economic...
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...Theories of International Relations Third edition Scott Burchill, Andrew Linklater, Richard Devetak, Jack Donnelly, Matthew Paterson, Christian Reus-Smit and Jacqui True Theories of International Relations This page intentionally left blank Theories of International Relations Third edition Scott Burchill, Andrew Linklater, Richard Devetak, Jack Donnelly, Matthew Paterson, Christian Reus-Smit and Jacqui True Material from 1st edition © Deakin University 1995, 1996 Chapter 1 © Scott Burchill 2001, Scott Burchill and Andrew Linklater 2005 Chapter 2 © Jack Donnelly 2005 Chapter 3 © Scott Burchill, Chapters 4 and 5 © Andrew Linklater, Chapters 6 and 7 © Richard Devetak, Chapter 8 © Christian Reus-Smit, Chapter 9 © Jacqui True, Chapter 10 © Matthew Paterson 2001, 2005 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright...
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...NTRODUCTION: AN INVITATION TO BOMBAY The envelope was hand-delivered to our house in Golf Links, Tan enclave in New Delhi whose name captured the clubbable lifestyle of its leisured and propertied Indian residents, soon after we had arrived in the middle of a north Indian winter to begin a long assignment. It contained a large card, with a picture embossed in red and gold of the elephant-headed deity Ganesh, improbably carried on the back of a much smaller mouse. Dhirubhai and Kokilaben Ambani invited us to the wedding of their son Anil to Tina Munim in Bombay. In January 1991, just prior to the explosion in car ownership that in later winters kept the midday warmth trapped in a throat-tearing haze overnight, it was bitterly cold most of the time in Delhi. Our furniture had still not arrived-a day of negotiations about the duty payable lay ahead at the Delhi customs office where the container was broken open and inspected-and we camped on office chairs and fold-up beds, wrapped in blankets. The Indian story was also in a state of suspension, waiting for something to happen. The Gulf War, which we watched at a big hotel on this new thing called satellite television, was under- cutting many of the assumptions on which the Congress Party’s family dynasty, the Nehrus and Gandhis, had built up the Indian state. The Americans were unleashing a new generation of weap- ons on a Third World regime to which New Delhi had been close; its Soviet friends were standing by, even agreeing with...
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...NTRODUCTION: AN INVITATION TO BOMBAY The envelope was hand-delivered to our house in Golf Links, Tan enclave in New Delhi whose name captured the clubbable lifestyle of its leisured and propertied Indian residents, soon after we had arrived in the middle of a north Indian winter to begin a long assignment. It contained a large card, with a picture embossed in red and gold of the elephant-headed deity Ganesh, improbably carried on the back of a much smaller mouse. Dhirubhai and Kokilaben Ambani invited us to the wedding of their son Anil to Tina Munim in Bombay. In January 1991, just prior to the explosion in car ownership that in later winters kept the midday warmth trapped in a throat-tearing haze overnight, it was bitterly cold most of the time in Delhi. Our furniture had still not arrived-a day of negotiations about the duty payable lay ahead at the Delhi customs office where the container was broken open and inspected-and we camped on office chairs and fold-up beds, wrapped in blankets. The Indian story was also in a state of suspension, waiting for something to happen. The Gulf War, which we watched at a big hotel on this new thing called satellite television, was under- cutting many of the assumptions on which the Congress Party’s family dynasty, the Nehrus and Gandhis, had built up the Indian state. The Americans were unleashing a new generation of weap- ons on a Third World regime to which New Delhi had been close; its Soviet friends were standing by, even agreeing with...
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...T.C. MARMARA ÜN VERS TES SOSYAL B L MLER ENST TÜSÜ ŞLETME ANAB L M DALI ÜRET M YÖNET M VE PAZARLAMA ( NG) B L M DALI THE EFFECT OF BRANDING ON CONSUMER PURCHASE INTENTION: A STUDY IN TURKISH APPAREL INDUSTRY Yüksek Lisans Tezi ŞULE DEM R stanbul, 2008 MARMARA ÜN VERS TES SOSYAL B L MLER ENST TÜSÜ ŞLETME ( NG) ANAB L M DALI ÜRET M YÖNET M VE PAZARLAMA ( NG) B L M DALI THE EFFECT OF BRANDING ON CONSUMER PURCHASE INTENTION: A STUDY IN TURKISH APPAREL INDUSTRY Yüksek Lisans Tezi ŞULE DEM R Danışman: YRD. DOÇ.DR. A. MÜGE YALÇIN stanbul, 2008 GENEL B LG LER sim ve Soyadı Anabilim Dalı Programı Tez Danışmanı Tez Türü ve Tarihi : Şule DEM R : şletme : Üretim Yönetimi ve Pazarlama ( ng.) : Yrd. Doç.Dr. A. Müge YALÇIN : Yüksek Lisans - Temmuz 2008 Anahtar Kelimeler : Marka Çağrışımları, Marka Öğeleri, Marka Değeri, Giyim Sektörü, Tekstil Sektörü, Markaya Karşı Tutum, Satın Alma Niyeti ÖZET MARKANIN TÜKET C SATIN ALMA N YET NE ETK S : TÜRKIYE G Y M SEKTÖRÜ ÜZER NDE B R ARAŞTIRMA Bu çalışma, Türkiye hazır giyim sektöründeki marka çağrışımları ve marka öğeleri ile satın alma niyeti arasındaki ilişkileri incelemektedir. Bu amaçla, marka çağrışımları ve marka öğelerinin 1980 – 1990 yılları arasında doğan gençlerin satın alma niyeti ile ilişkileri ortaya konulmuştur. Çalışmanın çerçevesini belirlemeden önce Türkiye hazır giyim sektörünün durumu ve 1980 – 1990 arasında doğan gençlerin eğilimlerini saptayabilmek amacıyla literature araştırması yapılmıştır...
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