...the employer may act peremptorily, arbitrarily, or inconsistently, without providing specific protections such as prior warning, fair procedures, objective evaluation, or preferential reassignment - the mere existence of an employment relationship affords no expectation, protectable by law, that employment will continue, or will end only on certain conditions, unless the parties have actually adopted such terms.” (2000) Each of the eight scenario’s listed below possess some relation to the employment-at-will doctrine. As the hypothetical COO of the company experiencing these issues with their employee’s, I am required to determine within each scenario whether or not the employee can be legally fired, what type of action should be taken if any, and my standpoints on a possible whistleblower policy within the company. The first scenario involves John, who posted a rant on the social networking site “Facebook” criticizing the company’s most important customer. The question of whether or not John can be legally fired is 100% justified. Employers are permitted to fire their employees when provided with just cause and reason enough to possess a desire to no longer want them at their company. In this instance, John insulted a very important client on his public...
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...Have you ever seen wasps close-up in your life? Well, I have. This entire scenario took place in Bossier City, Louisiana. As my “adventure” began, we just finished dinner. As my entire family went outside to feel the cool breeze, we took our Frisbee out and started to play with it. The Frisbee we played had LED lights so that when the Frisbee landed, it glowed. SMACK! I accidentally smacked my brother with the Frisbee when I threw it at him. Also, I accidently threw the Frisbee and hit our neighbor’s wasp nest. I thought they will be proud but it turned out that the wasps were kind of angry, by the sound they made. I took a bike ride around my neutral neighborhood. I took the bike ride to calm me down from all the homeworks my teachers...
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...Throughout one’s life they will be faced with a scenario that will create the idea of fight or flight. When someone cannot flee, they have no choice but to fight. May it be a more calm situation like deciding how to tell your parents you just snuck out, or something more serious like needing to protect your family from a home invasion. If that individual in the home invasion is not able to be armed, due to gun control laws, the outcome would be detrimental. If severe gun control was actually enforced, as a society we would see crime rates increase, and our idea that school shootings would stop would be found out to be false. Many people argue over gun control, but do they truly know what it is? Gun control refers to laws or policies that are put in place to regulate the overall market with guns, including the ownership of them. This is something that has been of debate...
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...A. Give 2 specific examples/ scenarios of each of the following intentional torts: 1. Invasion of Privacy a. Most retail places, they ask their customers at the checkout station for their phone number, email address, or home address. It said to be that there are third party organization who willing to pay for these information and start sending to these customers their product advertisements, or unnecessary information loads that the customers do not have control over. b. Every tax season, the IRS has been dealing with identity theft in their customers. In 2013, after filing my tax return, I found out that someone already filed tax under my name. I asked the IRS that how is this possible for someone to get my social security number,...
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...legal. People also came up with a term “Verpixelungsrecht”, which means the right to be pixelated. The people asked Google to blur out their faces from the pictures and also blur out the license plates of vehicles and other information like that. Thus, we can see that, overall the German people did not provide a positive response to Google Street View; since they believed it would invade their private lives inside their homes by roaming the streets and taking pictures. Part B Jeff Jarvis tried to convince the German people that Google Street View was not actually invading their privacy, but it was taking pictures of historical sites and national monuments, which were publicly owned. Occasionally, it would include people in its pictures. But these would still be legal as the Google cameras were not focusing on specific individuals. Jeff Jarvis also compared the Google Street View with the European tabloid “Bild”, which also invaded people’s privacy. He tried to convince the people that the Google cameras would not be invading their privacy inside their homes. He also claimed that Germans were selective in their privacy policies because they took pictures of miscreants and criminals, which should be a violation of their privacy. The message he tried to get across was that Google Street View was an...
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...increase quality of life. However, everything comes with a price and at times disadvantages. A major disadvantage is the loss of privacy in many different levels, from our personal lives to our everyday routines but also in the work environment. As a response to the invasion of privacy, the government has passed several laws to counteract this trend and try to protect us and our privacy in some extend. In this paper we will discuss the Telephone Consumer Protection Act of 1991 and the Health Insurance Portability and Accountability Act of 1996. Telephone Consumer Protection Act The telephone has brought great benefits and has become a necessity. At the same time, several companies use this as a tool to drive sales and increase profits. Telemarketing is one of the ways companies have taken advantage of this great invention. Who has not been the victim of these intruding and harassing phone calls? This is an issue that has plagued millions of people across the United States since the late eighties. People felt their privacy was being invaded. Their phones numbers and contact information was being sold and shared amongst many companies while they were being bombarded with phone calls in the privacy of their own homes. There was a sense of loss of personal control and privacy. As a result, the government passed the Telephone Consumer Protection Act (TCPA) of 1991 in response to the increasing amount of commercial solicitation calls consumers were receiving. The purpose of TCPA...
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...Business Torts and Ethics Jason Harris Business Torts and Ethics The definition of Tort is: A civil wrong, which can be redressed by awarding damages (Cornell University Of Law, 1993). In other text it states that it is a wrongful act or an infringement of rights that leads to civil legal liability. In this case where the tenant were attacked at her place of residence the intruder was solely responsible for his actions. The intruder infringed on the rights of my tenant Sharon by unlawfully entering her residence through her sliding door. In other research I have done it further states that a tortious act can cause injury to a person, which is exactly what happened to Sharon and Darryl. As they attempted to scare away the intruder they were brutally attacked which caused injury to each individual. The intruder had no right to be on the premises at all which in that moment made him liable for any illegal activity that happen from that point. Whether the intruder intentionally or unintentionally harmed Sharon or Darryl he was still in the wrong because he had broken into Sharon’s apartment. Owners Legal Responsibility As the apartment owner my responsible is to make sure that the apartment complex is secure and that the common areas are safe from criminal activity. As the owner I have to ensure that each apartment has fully functional locks and make sure all repairs that are reported are dealt with in a timely manner. In a case like this my obligation to the tenant is to ensure...
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...Feeling the Squeeze: The effects of the Python molorus bivittatus (Burmese python) in South Florida Inez Broom PCB 4043 October 7, 2015 Abstract The purpose of this paper is to discuss the effects of Burmese python in their non-native environment of South Florida. The discovery of how and why they have made South Florida their home and the impact they have had on the local ecosystem will be discussed. In addition, the management and control methods being used. Introduction The Python molorus bivittatus referred to as the Burmese python originated from Southeast Asia and have made South Florida their permanent home. Burmese python have been considered a subspecies to the native Indian python and have been able to squeeze out...
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...substantial evidence. The way the white’s reacted after the announcement of the invasion and their regrouping at the railway station armed with guns shows the urge to kill and eliminate black people. It was widely believed that the black men’s desire was to rape white girls, a notion that further worsened the hatred among the two races. To substantiate this belief, the two girls who claimed to be victims of rape knew pretty well that they would cover their immoralities by framing the black boys and still get away with their sins by attracting the mercies of the entire white community. Judicial System The right to a fair trial during this era of civil strife was a more than a privilege among the black community. The judicial system: prosecuting counsel, the judges and the defense lawyers was comprised of white people only. That meant that as a black person, getting legal representation was a compromise since you were at the mercies of white attorneys. According to this case, the way the New York attorney describes his clients after going back home leaves a lot to be desired. He even goes further to confess that his clients were guilty, an act that can only be referred to as being against the ethics of his profession. In addition to this, the courthouses lacked impartiality towards the black community. Assumptions and biased decisions appear to be taking precedence over justice in this scenario. It is quite clear that the witnesses given were contradicting. The two girls for...
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...employers to view the ways in which a computer is being used during working hours. Monitoring an employee’s computer use can aid in gathering pertinent information such as their internet usage, number of key stokes or their amount of idle time on any given day. This would be suitable for positions that require an immense amount of typing or a position that heavily relies upon efficiency. If the use of monitoring is not meant to assist the employee with improving their efficiency in any way related to the work required, than this form of surveillance can be considered illegal. Electronic mail or e-mail, along with voicemail can be viewed as one of the more difficult ways to monitor an employee without violating public policies such as an invasion of privacy. Most employers will argue that they give off no impression of a...
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...APA Format Template (6th Edition) Sergio Estrada Strategies for the Technical Professional 09/30/2011 Home Linking Technology The convenience of technology at home Technology has made home appliances conveniently smarter, you now could program your alarm clock to get your coffeemaker to start brewing before you even get out from bed (Smith, E. 2000.). Several companies are looking for ways to completely rewire your household, allowing you to control numerous electric appliances from a central point in your home. Do you wonder in what other ways technology could make our life efficiently easier? It’s amazing where technology has taken us, and the invasion of technology to our home has just begun. Both Maytag and General Electric plan to pursue joint ventures with Microsoft, to develop smart home appliance (Smith, E. 2000.). This paper examines how technology is making and shaping the new modern home for a new way of life. “Home Networking is all about getting control and convenience back to us," says Greg Sullivan, product manager for Microsoft's Windows group (Smith, E. 2000.). To find the right ingredients to cook a delicious dinner couldn’t be any faster with one scenario served up by Maytag chief executive officer Lloyd D. Ward, consumers could believably watch a cooking program on an interactive TV set and send the recipe to the refrigerator, which in turn would shoot off a list of ingredients to your handy online grocer. This is a great tool for a cook, housewife...
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...another level, but it has also lifted the spirits of at least three Direct-To-Home televisions broadcasters, one of which has been waiting for years to launch its services in India. Onboard India's new generation spacecraft Ariane-5G rocket, the INSAT-4A was placed in geosynchronous transfer orbit in 3-axis stabilized mode shortly after launch, drawing cheers for the fact that it was the first launch of a 3,080 kg satellite by India. It is the also the first Indian satellite to meet the requirement of the DTH television services. "Insat-4A is the most advanced, heaviest and powerful satellite and it's a very important milestone in the history of India's space program," said Madhavan Iyer, the chairman of the Indian Space Research Organization. "This is going to revolutionize TV broadcasting directly to the homes and improve the entertainment scenario in India." After completing orbit-raising operations and a few tests, INSAT-4A will become fully operational in early 2006. It will be positioned in geostationary orbit 36,000 km above the equator. For the DTH wannabes then, this is indeed good news because even as the country's TV viewership explodes, peculiar broadcasting laws and lack of transponder availability has been obstructing proliferation of DTH services in the country for years. DTH services were first proposed in India in 1996, but due to concerns of national security and a cultural invasion -- from mainly the Western countries -- it did not pass approval of the Indian...
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...Sir Lancelot defended Lady Guinevere when he did not have to because he knew that he would more than likely be praised for his actions. William refused to agree to Jocelynn’s terms when she wanted him to start losing his matches because he did not want to end his winning streak and lose fans. In both of those scenarios, even though the knights had selfish motives, they were technically following the Code of Chivalry with their actions. Both Sir Lancelot and William were loyal, which means that they did sometimes have good intentions that benefitted not only themselves, but others as well. Sir Lancelot was loyal to his new home, Camelot. We see this loyalty when he defends the town against an invasion by Malagant, and kills Malagant. William was loyal to Jocelynn when he told her the truth about his real name and where he is actually...
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...When the first time I have heard about the 1000 dead birds falls from the sky in Arkansas, I did not believe it at first. Then once I got home, I went on the internet to do a bit of researching because this mystery was somehow interesting to me. After reading few of the articles, I found out that it is because of the loud noise that causes the mass death of these birds. I think that they should cover this issue quickly because if many more birds are going to die again, it would mess up the nature’s food chain, and it would lead to other issues. However, I would like to come up with other theories that might be the cause of this mystery. From my point of view, we are in a period of intense seasonal meteor showers, and several YouTube users reported hearing sonic booms in the area that could have indicated a local shock wave. This would be one non-hidden, natural cause that actually makes sense, but it is hard to connect to both birds and fish, unless it produced a deactivating frequency. There were indeed other sound exceptions according to the report highlighted above.” There is also an excellent article by The American Dream collated data about the recent earthquake activity along this fault line that runs along the mid-eastern section of the U.S. Combined with gas exhaust, the huge geological activity in the region, and the BP oil drilling disaster, which produced off the dispersant, Corexit, into the atmosphere, and we should be wondering about...
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...At-Will Evan Moore Dr. Muhammad February 4, 2016 LEG 500 Strayer University Introduction “The right of an employee to quit the services of the employer, for whatever reason, is the same as the right of the employer, for whatever reason, to dispense with the services of such employee”(Halbert,Ingulli,pg 65). This was a quote by Justice Harlan in Adair vs. U.S. in 1908. Employment-at-will is a legal rule that developed in the nineteenth century, which gave employers the power to “dismiss their employees at will for good cause, for no cause, or even for cause morally wrong, without being thereby guilty of a legal wrong”(Halber,Ingulli). Although it is clearly stated about the employment-at-will and how employers can fire employees for anything, there are some exceptions to the rule. Three Key Exceptions The first exception to employment-at-will is the public-policy exception. With the public-policy exception, an employee is wrongfully terminated when it is against an explicit, established policy of the State the company is out of. The employer cannot fire an employee if they have a worker’s compensation claim if they were hurt at work. “It is recognized in 43 out of the 50 states. A couple states that do not recognize this are Nebraska, Florida, and New York”. (bls.gov, pg. 5) The public policy exception is the one exception that is mostly regarded in the U.S. The second exception to the employment-at-will is the implied-contract exception. This happens when...
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