...Abstract: The following paper will be written from the point of view of a manager/supervisor and will address various scenarios that may arrise concerning an employee’s behaviour and actions, and how to effectively adress them within the context of employment-at-will doctrine and the liability to the employer. Scenario 1: This scenario deals with an employee who has failed to learn the computer applications that are basic to the job requirements. The scenario assumes that the employee has received a few months of training and support, yet is unable to complete the required tasks in an efficient and effective manner. In analyzing this scenario, the first step I would take in addressing the issue at hand, is to formally counsel the employee in writing, as the information presented does not state if that has been done. The counseling would serve multiple purposes. First, it would serve as a means to formally document the employee’s lack of skills, competency, and abilities, as it relates to the requirement of the job. Secondly, it would clearly delineate the expectations of the position, the criteria under which they will be evaluated, and when the next evaluation will take place. The counseling would also inform the employee that failure to improve may result in administrative action, up to and including termination. Lastly it would require the employee acknowledge via signature that they have been counseled. The reason I have chosen to take the written counseling approach...
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...The Duty to Rescue and Kitty Genovese In 1964, Twenty-eight year old Kitty Genovese was stabbed to death on a sidewalk in Queens, New York. Thirty-eight people heard her cries for help but no one came to her rescue. Only after she expired were the police called. The death of Kitty Genovese was a tragic event, which could have been avoided. Although the law does not require a witness of such an event to risk their life in a physical action, we have a moral and ethical duty to notify the authorities when witnessing illegal activities of victimization. The state can effectively accomplish its responsibility to prevent violence by relying on the support of those who are witness to crimes. We have a moral duty to help enforce the law by notifying the authorities to the scene of a crime. Effective crime prevention involves the efforts of the entire community. The community has a responsibility to preserve the lives of its members against violence and other forms of harm. The community also has a responsibility to encourage the good of its members by recognition of mutual commitment in acting for the prosperity of the community and their related residents. Society has set principles of conduct in which we should behave. Therefore, we also have an ethical duty to safeguard our neighbors by doing what’s necessary to prevent crimes of violence or protect others from death and serious injury. In emergency situations when a police officer is absent, we can satisfy our ethical...
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...then abandoning the rescue of his wife, a store customer. Wife fell ill in D’s store and was taken to store infirmary, where she was left unattended and out of sight for six hours and later died. D moves to dismiss P’s claim. Issue: In the absence of a pre-existing legal duty to rescue, when an individual voluntarily initiates a rescue, must that individual then use the reasonable care...
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...Leadership and Ethical decision making Citizens United vs. Federal Election Commission First of all this is an assignment what is very interesting again. As a foreigner this was a totally new topic for me. While reading and researching everything I learned about a lot of new stuff. I had to research everything since some of this stuff I never heard of or if I heard about them it was in another language. First I am going to start off my paper with telling the back ground behind Citizens United vs. Federal Election Commission. Citizens United v. Federal Election Commission, No. 08-205, 558 U.S. 310 (2010), is a U.S. constitutional law case dealing with the regulation of campaign spending by organizations. The United States Supreme Court held that the First Amendment prohibited the government from restricting independent political expenditures by a nonprofit corporation. The principles articulated by the Supreme Court in the case have also been extended to for-profit corporations, labor unions and other associations. In the case, the conservative lobbying group Citizens United wanted to air a film critical of Hillary Clinton and to advertise the film during television broadcasts in apparent violation of the 2002 Bipartisan Campaign Reform Act (commonly known as the McCain–Feingold Act or "BCRA"). Section 203 of BCRA defined an "electioneering communication" as a broadcast, cable, or satellite communication that mentioned a candidate within 60 days of a general election or 30...
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...relatively unclear principles regarding what we should do. d. religious views about the world. 2. Laws must be static and unyielding in order to provide stability for a society. a. True b. False 3. Choose the statement regarding duty to rescue that is false: a. There is no general duty to rescue an individual. b. One basis for not imposing individual rescue liability is: An individual should have a right of freedom of action, privacy and personal autonomy not to intervene and perform rescue. c. Under a liberal–communitarian approach, citizens owe a duty to the state to rescue other citizens based on reciprocal rights and duties. d. When one taunts another person who then puts themselves in danger in response to the teasing, the teaser has a duty to rescue the other. 4. All of the following are considered exceptions to the general rule that there is no duty to rescue except: a. Contract – lifeguards, for example, have signed contracts agreeing to rescue people in exchange for pay and benefits. b. Witnessing an accident – this creates a duty to step in and help the injured c. Child abuse- statutes in nearly all states require that one report suspected child abuse. d. Endangerment – if one puts another in danger, then he/she is obligated to rescue that person. 5. Which of the following views on outsourcing would be consistent with the free market ethics approach advocated by Milton Friedman? a. Outsourcing is detrimental to the economy because...
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...Ireland to date, O’Neill v Dunnes Stores Ltd To determine the position of the rescuer in Ireland several factors were considered by the LRC such as the moral versus legal question of a duty to intervene, how intervention affects society and with an increasing level of litigation in modern Ireland, how the courts should view subsequent cases for and against Good Samaritans and Voluntary organisations. LRC Consultation Paper The recognition and protection of persons providing voluntary assistance has been addressed by the LRC Consultation Paper on Civil Liability of Good Samaritans and Volunteers, which proposes the introduction of a statute restricting the liability of such persons who intervene as rescuers. The recommendations in the paper essentially aimed to clarify the confusing position of rescuers in Ireland through the implementation of statute. Section 5.01 of the recommendations states “The Commission recommends that there should be no reform of the law to impose a duty on citizens in general” Historically, common law countries have hesitated to a positive duty to intervene, McMahon and Binchy note that common law has been completely opposed to the imposition of affirmative duties, in particular a positive duty to intervene. The Commission reflect this arguing that a positive duty to intervene would have an adverse effect on society, with legal...
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...NEGLIGENCE Tort Law is a field that encompasses material of considerable breadth and diversity and whose existence, as a reflected in individual actions seeking civil redress for injuries nor arising out of contractual relations can be traced can be traced back to primitive societies. (White, 2003 p.23) A ‘tort’ is a Norman word for a ‘wrong’ but ‘torts’ have typically been distinguished from crimes and from ‘wrongs’ identified with contractual relations. Tort Law is concerned with civil wrongs not arising from contracts. We can see the shifting character of Tort Law in nineteenth and twentieth century America as deriving from the shifting ideas of legal scholars and judges particularly ideas about the civil responsibilities of a person to his or her neighbors in society and about the manner in which society should respond to injuries and injured people. An independent identity for Torts late in the nineteenth century is the affection of tort doctrines, especially negligence, to the problems produced by industrialization. Industrialization has played a part in creating the climate of intellectual legal opinion and it affected torts as an independent category of law. Some certain lawyer-intellectuals in the development of legal doctrine in America, who were academicians after 1870, significantly affected the content of tort rules and doctrines and also affected the changing state of tort law in America. There are many categories of Torts. It...
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...M5 – Justify the involvement of statutory and non-statutory public services in providing support to citizens. D3 - Evaluate the impact that media reporting has on citizens and on the level of support from public services in relation to examples of current affairs Statutory and Non-statutory organisations work together to provide support to citizens in many different ways. The Public Services that these two organisations include are the Police Service, Fire Service, Ambulance/Paramedic Service, The Red Cross, St John’s Ambulance, Mountain Rescue, Royal National Lifeboat Institution (RNLI and the Coast Guard. Statutory Organisations Statutory organisations are run and funded by the government. They include three Public Services, the Police, Fire and Ambulance services. All these three services have a duty to save and protect people/citizens and each has their own roles and responsibilities. The Police Service’s duty is to keep the Queen’s peace, to firmly uphold the law, to protect, reassure and help the community, to bring justice to those who break the law and to act with reasonable and fair...
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...fallen over board that evening. The guests on the boat tried to help rescue Matthew. Horesly jumped into water to help Matthew. The weather that evening was very cold, and due to the weather conditions both guests were unconscious and shocked from the cold water temperature. Procedural History: Horsley’s family is suing McLaren for be accountable for tort law. Additionally, Horsley’s family was the first ones to successed at trial, however the appeal was dismissed. According to the trial judge McLaren was responsible of negligence, and no duty was in control of the double deaths. The defendant made an error of judgement, and did not use the correct knowledge during the time of rescue. In that case the judge dismissed the appeal with additional costs. Issues: Does McLaren have a duty to rescue a passenger if they fell overboard at their own risk? Was the defendant found negligent? Was McLaren found liable for...
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...establish and operate rescue facilities and that it “may render aid to protect persons and property at any time such facilities are available. 14 U.S.C. § 88 (2006). Thus, although the mission of the US Coast Guard is to provide rescue services, it has no affirmative duty to rescue or furnish assistance to a vessel or person in distress. Rather, the decision to render assistance to mariners is discretionary with the Coast Guard. United States v. Gavagan, 280 F.2d 319, 328 (1960). In fact, the Coast Guard is under no affirmative duty to institute a search, even if a court would have considered its refusal unreasonable. Daley v. United States, 499 F. Supp.1005, 1009 (D. Mass. 1980). Nevertheless,...
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...that Horton’s negligence contributed 20% to his own injury and that DIG’s contributory negligence contributed 80% to Horton’s injury. The ruling was based on the rescue doctrine of the law which holds that “if a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable not only for the harm caused to the victim, but also the harm caused to any person injured in an effort to rescue that victim.”(Wiki) In this case, Horton was the rescuer and DIG was the tortfeasor. D.I.G. Contracting, LLC was hired by Fordham University to dig the foundation for a new dorm to be built. However, DIG did not follow the requirements of NYCRR 753-3 which is the regulation that give the local governing body the time to mark any underground gas or electric lines that must be avoided. DIG’s backhoe then hits the gas line which caused the explosion. Horton who has brittle bone disease witnessed the whole event and saved Mr. Employee who was thrown in the air by the explosion from landing on the ground. The issue here is whether the contracting company is liable in negligence for causing injury to the victim who suffers from brittle bone disease. We will examine each and every element of negligence from the plaintiff and the defendant which ultimately helped to reach the decision of the case. From duty of care, DIG’s negligence clearly consists of conduct that creates and unreasonable risk of harm. The company’s failure to follow the requirements of NYCRR 753-3...
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...and Auditor General Local government Impact of funding reductions on fire and rescue services NOVEMBER 2015 Our vision is to help the nation spend wisely. Our unique end-to-end view of public sector service delivery allows us to provide commentary, advice and insight to local authorities to help achieve the best use of resources and improve public services. The Comptroller and Auditor General (C&AG), Sir Amyas Morse KCB, is an Officer of the House of Commons, independent of government and leads the NAO, which employs some 810 people. The Local Government and Accountability Act 2014 provides for the C&AG to conduct examinations into the economy, efficiency and effectiveness with which local authorities have used their resources in discharging their functions. The C&AG may publish the results of such an examination in such manner as he considers appropriate. Local government Impact of funding reductions on fire and rescue services Report by the Comptroller and Auditor General This report has been prepared and published under Section 7Z(A) of the National Audit Act 1983 as introduced by the Local Audit and Accountability Act 2014 Sir Amyas Morse KCB Comptroller and Auditor General National Audit Office 2 November 2015 This report examines comparative patterns of change in income, spending and financial and service sustainability across fire and rescue authorities since 2010-11. © National Audit Office 2015 The material featured...
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...2/4/2013 Exam Question #1 Dan’s Justification a)Dan’s Pursuit of Al Use of non-deadly force to reclaim one’s property Use of non-deadly force to reclaim one’s property is allowed under the Model Penal Code if the following three conditions are met 1)the third party’s inference is unlawful 2)the intrusion was on property in defendant’s possession or property for which he served as a bailee and 3)use of non-deadly force is immediately necessary. Under common law non-deadly force may be used to protect personal property in one’s lawful possession if this force appears reasonable to prevent or terminate an immediate unlawful intrusion with that property. In this case, Dan would justify his pursuit of Al as his rightful action to reclaim his property, the handgun and ammunition. Dan would also would testify that Al’s tender of counterfeit moneys amounted to an attempt at larceny by trick. The registration papers had not been completed and Dan was still in possession of the property. Al’s attempt to leave with the property justified Dan’s pursuit of Al. The requirement to desist The Model Penal Code requires that for necessary use of non-deadly force to recapture property, the defending party must first request that the defendant desist his trespassory activity unless the defender believes this request would be useless, or put his person or property in greater danger. In this case, Dan did follow the requirement of making a request to desist, telling Al, “If you don’t...
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...increase sparked anger amongst motorists across the UK. A protest consisting of 1,000 vehicles travelling to the M56 and onto the M6 where the convoy extended by a further 500. The Police were informed of the protest and were there to patrol the protest to keep order. A statement to the press was made saying that the Police had turned back tractors and issued tickets to farmers. They also had dogs ready to release into the protesters if an outbreak occurred. This incident also gave a negative perspective of the Police Service as the media only published stories that portrayed the Police in a bad way and this affects citizens as they will not trust the Police if they act in an aggressive or ill-mannered behaviour towards those they have the duty to serve. Public Services Cutbacks - It is estimated that over the next 5 years, 350,000 workers from the public sector will lose their jobs as warned by the Chartered Institute of Personnel and Development (CIPD). Due to these cuts (especially of the Police), the level of crime has increased and it has been reported that some criminal activities will be “screened out” by the authorities. It has been estimated that as many as one in three crimes will be...
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...University | Emergency Management Plan | Chemical Spill/Release | | Erik Gohl | 11/7/2011 | | Purpose Events which interfere with the normal operations of Hennepin Technical College (HTC) are unavoidable. The purpose of this document is to explain the actions, roles, and responsibilities that are to be taken by individuals and departments in the event of a spill or release of a hazardous chemical or waste. (Homeland Security, 2011) Emergency Management Team The Emergency Management Team (EMT) shall consist of the following individuals: College President College Vice President(s) College Environmental Health and Safety (EHS) Officer Director of Security Maintenance Supervisor Administrator on Duty (AOD) Lead Custodian on Duty Faculty/Staff Emergency and Non-Emergency Hazardous Chemical and Waste Spill/Release A non-emergency spill/release is one of no more than five gallons where the substance can be absorbed, neutralized or otherwise controlled at the time of the release by employees in the immediate area and presents no hazard to people or the environment. The staff or faculty member for, and familiar with, the chemical or waste should attend to non-emergency releases. The front desk should be notified by dialing “0” if assistance is needed in locating the Maintenance Supervisor or maintenance staff. All recovered materials shall be assumed to be, and treated as, a hazardous waste. (HTC Emergency Plan, 2005) An emergency spill/release...
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