...Legal Brief Week 8 Case 10.4 Mgmt 520 ➢ Style of Case and Citation: Mitchell v T.G.I. Friday’s 748 N.E.2d 89 (Ohio App. 2000) ➢ Court Rendering Final Decision: Ohio Appeals Court ➢ Identification of Parties and Procedural Details: Sandra Mitchell filed product liability against Friday’s, which served the food, and Pro Source Distributing, the supplier of the clams. Pro Source and Fridays filed for a motion of summary judgment, which the trial court granted in their favor. Ms. Mitchell appealed. ➢ Discussion of the Facts: Sandra Mitchell visited a Friday’s restaurant and ordered fried clams. While eating the clams she bit into something that ended up being a piece of the clamshell. Soon after she went to the dentist and was required to have the tooth removed. Ms. Mitchell reported the incident right away to the manager, he found the substance to be a piece of clam shell. ➢ Statement and Discussion of the Legal Issues in Dispute: Pro Source and Friday’s both claim that most people would not find it unreasonable to find small pieces of shell in clams. In fact it is their duty to guard against such natural substances in the food. ➢ Subject Court Final Decision: Judgment affirmed. ➢ Summary of This Final Court’s Reasoning: The court found that eating such items comes with a natural risk that a normal person would understand. By ordering and consuming these foods the risk is confined to the consumer...
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...have the tattoo removed or be fired. Ms. Attired refused to have the tattoo removed and was terminated the following Friday one week from being warned. Mrs. Attired had be warned by a “seasoned” employee of 10 years of Biddy’s Tea House that if the tattoo was visible she would be terminated. Other than the warning of her coworker there are no written rules or handbooks outlining personal appearance including but not limited to tattoos. Mrs. Attired would like to know if she can sue the New Mexico Employment Security Board for denying her unemployment benefits under N.M. Stat. Ann. Sec. 51-1-7 (West, 2012) after ruling she was terminated from her employment due to misconduct. Biddy Baker, owner of Biddy’s Tea House states her reasoning for terminating Ms. Attired is as follows: The “more mature” clients of the Tea House would be “disgusted and appalled” by the tattoo. Ms. Baker was unable to provide proof to a decline in revenue due to Ms. Attireds appearance. Ms. Baker did provide the names of two of her regular customers who did request not to be served by Ms. Attired and did state they did not wish to be served by her due to her appearance. Question Presented: Was Ms. Attireds behavior considered “misconduct”? The statute does not give the exact definition of what “misconduct” is therefore we must use common law to determine the meaning. Mitchell v. Lovington...
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...Natalie Attired filed and was denied unemployment compensation benefits on the grounds of “misconduct”. May 2009, Ms. Attired began employment with Biddy’s Tea House where she received work performance evaluation every 3 months during her time of employment. Ms. Attired received a total of four evaluations, which showed constant improvement and no reprimands. June 2010, Ms. Attired purchased a full-sleeve tattoo (photo attached) which covered the entire upper right arm; there was an incident where the lower portion of the tattoo could be seen below the short sleeve uniform. Ms. Baker the owner advised Ms. Attired that if she did not remove the tattoo she would be fired. Ms. Attired refused to remove the tattoo and she was terminated on that Friday for misconduct. Ms. Biddy Baker stated that there is no employee manual or written policy about employee conduct or work attire. Ms. Baker also failed to provide any proof of a decline in sales during Ms. Attired’s employment. All Ms. Baker provided was the names of two customers who requested to be moved from Ms. Attired ‘section due to her tattoo. Issue: The issue in this case is whether Ms. Attired’s failure to remove her tattoo when instructed to do so by her employer constitutes “misconduct” as defined by New Mexico Statute §51-1-7. Brief Answer: No. Ms. Attired’s refusal to remove her tattoo, does not constitute misconduct, as there was no company rule or policy in place forbidding tattoos. Also, Ms. Baker has not shown that...
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...Vigilance Date: 8/26/2012 Subject: Natalie Attired Unemployment Compensation Claim Facts: In May 2009, Ms. Attired began employment with Biddy’s Tea House where she received work performance evaluation every 3 months during her time of employment. Ms. Attired received a total of four evaluations, which showed constant improvement and no reprimands. In June 2010, Ms. Attired purchased a full-sleeve tattoo (photo attached) which covered the entire upper right arm; there was an incident where the lower portion of the tattoo could be seen below the short sleeve uniform. Ms. Baker the owner advised Ms. Attired that if she did not remove the tattoo she would be fired. Ms. Attired refused to remove the tattoo and she was terminated on that Friday for misconduct. In July 2010, Ms. Natalie Attired filed and was denied unemployment compensation benefits on the grounds of “misconduct”. Ms. Biddy Baker stated that there is no employee manual or written policy about employee conduct or work attire. Ms. Baker also failed to provide any proof of a decline in sales during Ms. Attired’s employment. All Ms. Baker provided was the names of two customers who requested to be moved from Ms. Attired ‘section due to her tattoo. Issue: The issue in this case is whether Ms. Attired’s failure to remove her tattoo when instructed to do so by her employer constitutes “misconduct” as defined by New Mexico Statute §51-1-7. Brief Answer: No. Ms. Attired’s refusal to remove her tattoo does not...
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...and friends come to work less often. The second employee evaluation stated the boyfriend and friends were coming around less often. The third employee evaluation stated that Natalie needed to work on not calling people names when they didn’t leave a tip. The fourth employee evaluation noted improvement. In June of 2010, Natalie got a full-sleeve tattoo that covered her entire upper right arm, from shoulder to elbow. The uniform worn at Biddy’s Tea House did partially cover the tattoo, but the lower portion could still be seen. The owner, Biddy Baker, did not approve of the change in Natalie’s appearance, and told her to have the tattoo removed or she would be fired. Natalie did not remove the tattoo, and was given a termination notice on Friday after working all week. Mrs. Baker stated that the clientele of Biddy’s Tea House would be “appalled and disgusted” by the tattoo, which would lead to a decline in business. Mrs. Baker was not able to provide proof that sales or profits did indeed decline during the time Natalie worked. Mrs. Baker did give the names of two long time customers, who asked to have their seats moved after being seated in Natalie’s section. Question Presented: Does Natalie Attired’s behavior while employed at Biddy’s Tea House constitute ‘misconduct” as defined by N.M. Stat. Ann. §51-1-7? Short Answer: No,...
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...unemployment compensation benefits on the grounds of “misconduct” in July of 2010. She began working as a waitress at Biddy’s Tea House in May of 2009 and she received work performance evaluations every three months during her time of employment. Ms. Attired received a total of four evaluations, which showed constant improvements. In June of 2010, Natalie purchased a full-sleeve tattoo that covered her entire upper right arm, from shoulder to elbow. The tattoo was partially covered by the her uniform, with the exception of the lower portion near her elbow. The owner, Biddy Baker told Natalie that, “If the tattoo was not removed, she would be fired”. Natalie refused to have it removed. She worked the remaining of that week and was terminated that Friday for misconduct. Ms. Baker could not provide any proof of decline in sales during Natalie’s employment. However, she did provide the names of two longtime customers who requested a different table when seated in Natalie’s section the day before she was fired due to the tattoo. Natalie filed for unemployment compensation benefits in July of 2010. Her claim was denied by the New Mexico Employment Security Board on the grounds that she was terminated for “misconduct” and was ineligible for unemployment compensation. ISSUE: The issue in this case is whether Ms. Attired’s failure to remove her tattoo when instructed to do so by her employer constitutes “misconduct” as defined by N.M. Stat. Ann. §51-1-7. Also, if Ms. Baker provided proof of...
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...and was denied unemployment compensation benefits on the grounds of “misconduct”. May 2009, Ms. Attired began employment with Biddy’s Tea House where she received work performance evaluation every 3 months during her time of employment. Ms. Attired received a total of four evaluations ( attached), which showed constant improvement with no reprimands. June 2010, Ms. Attired purchased a full-sleeve tattoo (photo attached) which covered the entire upper right arm; there was an incident where the lower portion of the tattoo could be seen below the short sleeve uniform. Ms. Baker the owner advised Ms. Attired that if she did not remove the tattoo she would be fired. Ms. Attired refused to remove the tattoo,she was terminated on that Friday for misconduct. Ms. Biddy Baker has stated there is no employee manual or written policy about employee conduct or work attire. Ms. Baker also has not provided any proof of a decline in sales during Ms. Attired’s employment. All Ms. Baker provided was names of two customers who requested to be moved from Ms. Attired ‘section due to her tattoo. ISSUE/QUESTION PRESENTED 1. The issue in this case is whether Natalie Attired’s failure to remove her tattoo when instructed by her employer to do so constitutes “misconduct” as defined by New Mexico Statute §51-1-7. BRIEF ANSWER No. Ms. Attired’s refusal to remove her tattoo, does not constitute misconduct, as there was no company rule or policy in place forbidding tattoos. Also...
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...Regulations Part 785: Hours Worked Title 29, Part 785 of the Code of Federal Regulations U.S. Department of Labor Wage and Hour Division WH Publication 1312 (Reprinted May 2011) Material contained in this publication is in the public domain and may be reproduced fully or partially, without permission of the Federal Government. Source credit is requested but not required. Permission is required only to reproduce any copyrighted material contained herein. This material may be contained in an alternative Format (Large Print, Braille, or Diskette), upon request by calling: (202) 693-0675. Toll-free help line: 1-866-487-9243 (1-866-4-USWAGE) TTY TDD* phone: 1-877-889-5627 *Telecommunications Device for the Deaf. Internet: www.wagehour.dol.gov PART 785—HOURS WORKED Sleeping Time and Certain Other Activities § 785.20 General. § 785.21 Less than 24-hour duty. § 785.22 Duty of 24 hours or more. § 785.23 Employees residing on employer’s premises or working at home. Section Contents Subpart A—General Considerations § 785.1 Introductory statement. § 785.2 Decisions on interpretations; use of interpretations. § 785.3 Period of effectiveness of interpretations. § 785.4 Application to Walsh-Healey Public Contracts Act. Preparatory and Concluding Activities § 785.24 Principles noted in Portal-to-Portal Bulletin. § 785.25 I llustrative U.S. Supreme Court decisions. § 785.26 Section 3(o) of the Fair Labor Standards Act. Subpart B—Principles for...
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...hears the name of Target Stores, the association with low wages or anti-union statements typical do not come to mind. The statement made by CEO Bob Ulrich and the company’s antiunion philosophy is a common feeling most organization have towards unions. The company is entitled to have such viewpoints and has the authority to express them freely as long as the company does not participate in unfair labor practices that will intimidate an employee’s legal right of inquiring into unions. Target has a right to be vocal about the organization’s stance and sway employees not to join a union. The biggest reason for employees to form unions is collectively, “employees feel their employer is treating them unfairly and a union can change that (Mitchell & Simpson, 2009). In fact, employers have greater supremacy to improve workplace conditions sooner, then employees implementing a union. As organizations continues to increase employee benefits such as work-life balance, competitive pay, along with the comprehensive study of employee engagement, the employer diminishes the...
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...The Breakfast and Lunch Programs Jennifer Harvey-Mitchell Professor Storms Eng. 115: English Strayer University November 15, 2012 Overview Congress passed the National School Lunch Act in 1946 to support commodity prices after World War II by reducing farm surpluses while providing food to school children. By 1970, the program was providing 22 million lunches on an average day, about a fifth of them subsidized. Since then, the subsidized number of children has increased while paid lunches have declined, but not since 1972 have so many additional children become eligible for free lunches as in fiscal year 2010, 1.3 million. Today it is a $10.8 billion program providing 32 million lunches, 21 million of which are free or at reduced price. The number of students receiving subsidized lunches rose to 21 million last school year from 18 million in 2006-7, a 17 percent increase, according to an analysis by The New York Times of data from the Department of Agriculture (Dillion, 2011). The Palm Beach County School District has altered its breakfast and lunch programs to improve nutrition and health for all students. The new Federal Nutrition Standards require schools to offer students more fruit, vegetables, and whole grains and to limit the sodium, calories, saturated and trans fat in school meals according to the School Nutrition Association (SNA 2012). Most notably, cafeterias are serving fruits and vegetable in a variety of ways to appeal to students diverse...
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...The Lakeside Company Case Studies in Auditing Twelfth Edition John M. Trussel Dalton State College J. Douglas Frazer Millersville University Boston Columbus Indianapolis New York San Francisco Upper Saddle River Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo Editor in Chief: Donna Battista Acquisitions Editor: Stephanie Wall Editorial Project Manager: Christina Rumbaugh Senior Managing Editor: Cynthia Zonneveld Production Project Manager: Carol O'Rourke Senior Operations Supervisor: Diane Peirano Printer/Binder: BindRite Graphics, Robbinsville Credits and acknowledgments borrowed from other sources and reproduced, with permission, in this textbook appear on the appropriate page within text. Copyright © 2012, 2008, 2005, 2003 by Pearson Education, Inc., publishing Prentice Hall. All rights reserved. Manufactured in the United States of America. This publication is protected by Copyright, and permission should be obtained from the publisher prior to any prohibited reproduction, storage in a retrieval system, or transmission in any form or by any means, electronic, mechanical, photocopying, recording, or likewise. To obtain permission(s) to use material from this work, please submit a written request to Pearson Education, Inc., Permissions Department, One Lake Street, Upper Saddle River, New Jersey 07458, or you may fax your request to 201-236-3290...
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...EVENT: Black Vace newspaper – in the library 2pm on Friday 4/27 Donations to PFAU library. HBCU – groups all over the world to come together. • Mixed races – either intentional or unintentional. o Mulatto – ½ black (this is an offensive term which the root word is mule) o Quadroon – ¼ black o Octoroon – 1/8 black Video – Fisk singers and early white gospel video • Literacy was a problem – acapella singing. • Gospel – “Good news” • Fisk = HBCU in 1866 Video: the history of gospel music 02 • In the African heritage it had to be the music, the preacher and the religious. o Had to be the preacher and the response • Music was to be free but then brought Christianity which was pulled out from that they say. • Involving percussion tones • Melees tone – not singing the tone right to but to shape it. We wear the mask poem: Paul Laurence Dunbar (1872 – 1906) • Mask – façade, disguises you, hides you, masquerade, protection, performers. Performance v. rituals • Ritual o Gospel • Performance o For others/benefits o Entertainment o Image Video: Education on Minstrel – goes into the Images topic • Developed in 1820. • T.D. Rice • Jim crow presents himself as an African (black face) by performing how the Africans perform. Performance within a performance. • Compromise of 4, etc. o Paid performances • Call and response Images: • Co-opted • Corruption of the history image • Massive available – were everywhere. • The images like...
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...DE LA SALLE UNIVERSITY - DASMARIÑAS Communication Arts Department Lawrence G. Rawl, chairman and chief executive of the Exxon Corpoation was in his kitchen sipping coffee when the phone rang and received the news regarding the spilling of crude oil into the frigid waters of Prince William Sound, just outside the harbor of Valdez, Alaska. What was about to happen was the worst environmental disaster in the history of the United States. These were the documented facts that media had portrayed across the United States and to the world: Exxon Valdez, a 978-foot tanker piloted by a captain whom later revealed to be drank, ran aground on a reef 25 miles southwest of the port of Valdez. The results caused a spill of 250,000 barrels, the largest spill ever in North America. The devastating results affects, 1,300 square miles of water, damaging some 600 miles of coastline and murdering as many as 4,000 Alaskan sea otters. The disaster also enshrined the name of Exxon in the all-time Public Relations Hall of Shame. (Seitel, 2000). According to the book, Exxon’s dilemma broke down into five categories. First was the hesitation of Mr. Rawl if he is going directly and personally to Alaska. In an interview Mr. Rawl has said, “We had concluded that there was simply too much for me to coordinate from New York. It wouldn’t have made any difference if I showed up and made a speech in the town forum. I wasn’t going to spend the summer there; I had other things to do”...
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...Exxon Valdez and Tylenol Case Study DE LA SALLE UNIVERSITY - DASMARIÑAS Communication Arts Department Lawrence G. Rawl, chairman and chief executive of the Exxon Corpoation was in his kitchen sipping coffee when the phone rang and received the news regarding the spilling of crude oil into the frigid waters of Prince William Sound, just outside the harbor of Valdez, Alaska. What was about to happen was the worst environmental disaster in the history of the United States. These were the documented facts that media had portrayed across the United States and to the world: Exxon Valdez, a 978-foot tanker piloted by a captain whom later revealed to be drank, ran aground on a reef 25 miles southwest of the port of Valdez. The results caused a spill of 250,000 barrels, the largest spill ever in North America. The devastating results affects, 1,300 square miles of water, damaging some 600 miles of coastline and murdering as many as 4,000 Alaskan sea otters. The disaster also enshrined the name of Exxon in the all-time Public Relations Hall of Shame. (Seitel, 2000). According to the book, Exxon’s dilemma broke down into five categories. First was the hesitation of Mr. Rawl if he is going directly and personally to Alaska. In an interview Mr. Rawl has said, “We had concluded that there was simply too much for me to coordinate from New York. It wouldn’t have made any difference if I showed up and made a speech in the town forum. I wasn’t going to spend the summer there;...
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...N A R R AT I V E M AG A Z I N E .C O M A Father’s Story A S T O R Y by Andre Dubus Andre Dubus, novelist, essayist, and short story writer, was born into a Cajun-Irish Catholic family in Lake Charles, Louisiana, in 1936. A Marine Corps captain, he left the military to pursue an MFA at the Iowa Writers’ Workshop, and subsequently lived as a writer and teacher of writing. Dubus was best appreciated for short fiction, receiving the PEN/Malamud Award, the Jean Stein Award from the American Academy of Arts and Letters, and the Rea Award. “A Father’s Story” is reprinted from Selected Stories (Vintage, 1989). Dubus died at home in Massachusetts in 1999. M Y N A M E I S Luke Ripley, and here is what I call my life: I own a stable of thirty horses, and I have young people who teach riding, and we board some horses too. This is in northeastern Massachusetts. I have a barn with an indoor ring, and outside I’ve got two fenced-in rings and a pasture that ends at a woods with trails. I call it my life because it looks like it is, and people I know call it that, but it’s a life I can get away from when I hunt and fish, and some nights after dinner when I sit in the dark in the front room and listen to opera. The room faces the lawn and the road, a two-lane country road. When cars come around the curve northwest of the house, they light up the lawn for an instant, the leaves of the maple out by the road and the hemlock closer to the window. Then I’m alone again, or I’d appear to be...
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