...Employment Law and Discrimination Paper Robert Truitt LAW/531 April 11, 2016 Richard Pacheco Employee Law and Discrimination Paper Discrimination happens in the workplace daily. All employees must report discrimination issues ASAP. This essay will analysis a scenario with an application of the elements of this cause of action and then move to the available defenses to the employee and employer while analyzing the potential civil liability of each possible party-defendant. Analyze each of the elements of this cause of action, the applicable defenses, and the basis for the Judge's ruling. As a result, the sufficiency of articulating a cause of action become crucial, especially when claims involving torts of cheating, deception, and trickery (Marino, 2005). Sex discrimination in the workplace presents one of the most significant problems for women in the twentieth century (McDonald, 1993). In this case, a male felt like he was getting sexual harass. The cause of action in the scenario was; the Plaintiff felt like he did not get a promotion due to the Defendant sending sexual videos to his email. The Plaintiff assumed that his boss saw the sexual email when his boss walked passed his cubicle. The Plaintiff did not have any evidence that his boss saw the video nor that the video was the cause of the Plaintiff not getting the promotion. In the workplace were the Plaintiff and the Defendant work sexual harassment and sexual jokes was the norm with their...
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...Jennifer Thomas. She was hired approximately 90 days ago by our firm. This is her first professional job since graduating. Although our firm is happy to give her this opportunity, her supervisor and other employees have experienced behaviors that need to be addressed. The employment relationships in Kentucky, like the state of Florida, have long been governed by the traditional “at-will” doctrine. Under the at will philosophy, “where the term of employment is discretionary with either party or indefinite, then either party for any reason may terminate it at any time and no action may be maintained for breach of the employment contract.” Smith v. Piezo Technology and Professional Administrators, 427 So 2d 182 (Fla. 1983). (Lewis, 2002). This paper will make recommendations as to which steps to take in addressing the behaviors. In our recommendations, we understand the employment-at-will doctrine and liability of the employer both have to be taken into consideration. We have to consider the following: 1. Should the firm be legally allowed to fire her based on the employment-at-will-doctrine? Why or...
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...Jennifer Thomas. She was hired approximately 90 days ago by our firm. This is her first professional job since graduating. Although our firm is happy to give her this opportunity, her supervisor and other employees have experienced behaviors that need to be addressed. The employment relationships in Kentucky, like the state of Florida, have long been governed by the traditional “at-will” doctrine. Under the at will philosophy, “where the term of employment is discretionary with either party or indefinite, then either party for any reason may terminate it at any time and no action may be maintained for breach of the employment contract.” Smith v. Piezo Technology and Professional Administrators, 427 So 2d 182 (Fla. 1983). (Lewis, 2002). This paper will make recommendations as to which steps to take in addressing the behaviors. In our recommendations, we understand the employment-at-will doctrine and liability of the employer both have to be taken into consideration. We have to consider the following: 1. Should the firm be legally allowed to fire her based on the employment-at-will-doctrine? Why or...
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...personal gain, regardless if the person claiming various actions is deserving of the reward expected. Tort law can be misused and in most cases it is. At times that tort law includes the protective barrier over criminals, and in many cases it is used as exactly that. This paper examines the lives of varied individual in four different cases in which tort law is used, and quite possibly abused. The Scenario Paper In any courtroom across the country, and more than likely, across the globe, a person can find the use of tort. Over the years, the governing bodies in tort law have transformed it from its common law origins. Tort, as with any law, is forever changing and evolving by the use of lawyers and judges, alike. Despite certain efforts for the reform of tort, it is still difficult to overlook the use of modern torts and fail to see the convoluted system of rules and laws covering the main purpose of tort law. According to the Cornell University Law School website (2010, para. 4), “torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (e.g., causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products).” This paper will examine a few of these types of torts and their possible outcomes. Scenario One In scenario one, there are several intentional and unintentional tort actions that are displayed. The torts that clearly stand out...
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...Police Use of Force Introduction When we look at the term, use of force, and how the police use this for the protection of the officers and the lives of others, this becomes a very debatable part of a police officer's job. The U.S. has experienced a number of incidents over the course of 20 years involving police use of force that are cause for concern among the public. People get upset about perceived misuse of police force, but say little when police officers are gunned down or seriously injured during violent encounters or situations that escalate to lethal action. It is important to know that police departments strive to reduce the amount of use of force incidents within their respective agencies. Are there alternatives to a potentially deadly encounter? One may ask, Can the officer step back and call for assistance? If the suspect's identity is known, rather than engaging in a foot pursuit, can an officer make an arrest later? Can the officer not shoot to kill? Can the officer shoot in a non-life threatening part of the body? By nature, every situation is different and must be evaluated on an individual basis. Stepping back is not always an option for an officer. When the life of an officer is threatened by someone pointing a gun at them, or by any other life threatening means, and not knowing the assailant’s intentions, this forces the officer to make a split-second decision. That decision will determine if the officer will live or die. In the early nineties...
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...Employee-At-Will-Doctrine Jennifer Carter Professor Wendy White LEG500 – Law, Ethics, and Corporate Governance October 28, 2012 Abstract This paper will discuss issues relating to the Employment-At-Will Doctrine and the employer’s liability based on actions and responses to the employee’s behavior and actions. It will discuss the steps that are needed to be taken if the skills, competence and abilities of an employee to be productive and efficient in completing the required task of employment are not met. In the absence of contracts or agreements that indicate otherwise, either employees or employers may terminate employment without advanced notice or cause under the Employment At Will Doctrine. In terminating employment, employees and employers aren't allowed to breach employment contracts or agreements, or violate laws, regulations, constitutional provisions or public policy. To avoid legal liability, an employer should know and consider the exceptions of the Employment-At-Will Doctrine before terminating an employment. Employment-At-Will-Doctrine Describe steps that you would take that address the following scenario involving skills, competence, and abilities. Scenario: Jennifer seems to be unable to learn the computer applications that are basic to her job responsibilities, but, consistently tells her boss that she is a good worker and a genius. She also tells her boss that she is not appreciated. However, after a few months of training and support...
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...Professor: Sliben Dorothy LEG500: Law, Ethics & Corp. Governance Describe what steps you would take to address the following scenario involving skills, competence, and abilities: see appendix A The steps I would take to address the following scenario involving skills, competence, and abilities are: Arranging/scheduling a separate meeting with the supervisor and the employee. Motivate both the supervisor and employee to be effective members of their team by setting goals and a reward program Plan short and long term goals for the employee Develop professional development training for the employee. Terminate the employee’s employment contract if all the above proposals fail As a manager and supervisor of the organization, it is my duty to make sure that all stakeholders of the organization are being treated fairly. The above situation deals with the employee’s lack of skills, competence and abilities to carry out her duties. This is a major problem for the organization. Obviously the employee is failing to meet her liabilities of the employment contract. However my duties as a manager would be, to manage, coordinate, organize, plan, train etc, etc the activities of the organization. In light of the situation, I would interview both parties to gain an insight of the situation. After obtaining all facts, I would take an appropriate cause of action as stated above. I would recommend to both parties to be professionals in carrying out their duties, and that supervisor and...
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...New Corp Legal Scenarios Law/531 New Corp Legal Scenarios Pat moved 300 miles to Vermont to relocate for employment. He moved his family and bought a new house. Pat signed an at will employment form acknowledging the company can terminate his employment at any time. Pat received a copy of a company employee manual that is distributed out to all new employees. In the manual it states that an employee who is not performing up to standards will be notified of the deficiencies to take corrective action. If the action is not corrected the next step taken is termination of employment. Without any notice or warning the company informed Pat that things were not working out, and they were letting him go, and giving him a 30- day severance pay. Pat felt that he was wrongfully terminated because of an unpopular view he had at a school board meeting. After the school board meeting, he noticed that senior management was unfriendly toward him and Pat believed this may be the reason he was let go. Although Pat signed an at will statement acknowledging he can be terminated at any time , the personnel manual also states that an employee will be noticed of any deficiency before termination. Pat can argue that the company wrongfully terminated him by breach of contract. In Title VII of the Civil Rights Act of 1964 employers are expressly prohibited from retaliating against an employee for filing a charge of discrimination...
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...the wrong hands. These electronic devices have the ability to tap into telephone wires, cell phone transmissions, and even intercept sound waves and voices through the walls of any room in any house or open areas. BUG wants to expand its product internationally, but is hesitant to pursue because of possible detriments that it may have in regards to the different types of legal protections, civil liabilities, torts, and down to its privacy, security, infringement issues, and email contract validity. BUG Inc. hired a group of specialists to define these problem areas and discuss the importance of why it should be taken care of. Bug, Inc. should have several protections for its intellectual property. The protections include trademarks, trade secrets, copyrights, and patents. The Uniform Trade Secret act and common law protect the secret processes, formulas, methods, procedures, and lists that provide Bug, Inc. with economic advantage. This protection lasts for the life of the entity or owner. For example, customer lists with contact information, buying patterns, and credit histories involving Bug, Inc. are protected by the Trade Secret act. Services marks and trade dress fall into the realm of trademarks. The Lanham act along with some state and federal common law help protect Bug, Inc.’s trademark, which is a logo of a ladybug wearing a set of headphones. Trademarks are defined as words, symbols, or phrases that identify a particular seller’s product or service. Trade dress...
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...MARK GLANTZ LEGAL 500 April 22, 2012 Describe what steps you would take to address the following scenario involving skills, competence, and abilities? My method for addressing Jennifer’s shortcoming consists of termination based on the employment at will doctrine. As Halbert and Ingulli (2012) report in Law and Ethics in the Business Environment, employment at will gives employers broad discretion to fire employees for a good reason, a bad reason, or no reason at all. This legal doctrine gives organizations the upper hand when releasing an employee. Also, this law allows employees to resign from a position on their own terms. Jennifer is a recent college graduate hired in our accounting firm. She is having issues with our computer applications which she was trained on after hiring. Management has decided to implement new training courses in support of our employee. Over an extended period of time, she is still unable to perform her required duties which reduces productivity and raises production costs. Our organization has taken many preventive measures to reduce and liabilities that may occur from discharging the employee. Her inability to work at a productive level gives our organization a legitimate reason to dismiss her for lack of production. Unfortunely, she continues to perform poorly which places our management team in a position to take appropriate action to resolve poor performance. According to Mayhew stating,” once the progressive discipline policy options...
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..._________________________ ------------------------------------------------- ------------------------------------------------- Signature Date ------------------------------------------------- ----------------------------------------------------------------------------------------------------------------FOR OFFICIAL USE (Course Administrator) Assignment Received By: Date: Unit Outcomes Outcome | Evidence for the criteria | Feedback | Assessor’s decision | Internal Verification | | | | | First attempt | Re-work | | Understand principles of liability in negligence in business activitiesLO3 | Contrast liability in tort with contractual liability | | 3.1 | | | | | Explain the nature of liability...
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...Employment Law and Discrimination: Sexual Harassment Maria Cullooyah LAW/531 – Business Law January 11, 2015 Aaron Kemp Introduction Although there are several types of discrimination, sexual harassment has become a serious issue, not only in the workplace but everywhere near and far. Sexual harassment affects not only the victim, but the defendant and colleagues. This type of law suit is a violation of both state and federal law. According to federal law sexual harassment violates Title VII of the Civil Rights Act of 1964. The Title VII law holds employers liable when there are inappropriate sexual advances in the workplace. In the video presented, there will be an analyzation of a case involving sexual harassment. Elements will be identified, applicable defenses, judge’s ruling, if there are any potential civil liabilities and a different case scenario will be addressed. Cause of action In this case, two employees who work for a computer company GHI-Soft. The Plaintiff, Mr. Silverstein, alleges that his co-worker Ms. Shaw is guilty for sexual harassment. Mr. Silverstein claims Ms. Shaw placed a sexual explicit screen saver on his computer at the same time he was up for a promotion. Due to his supervisor seeing this screen saver, he also claims this was the basis for him not being chosen for the promotion. After talking with Ms. Shaw, she claims that a solid friendship over the duration of employment had been formed or so she thought and Mr. Silverstein had never...
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.... Assignment 1: Employment-At-Will Doctrine Dayene L. Candeia Severiano LEG500– Law, Ethics & Corp. Governance 04/28/2013 Dr. Charles Fleming As a manager and supervisor of an accounting department, discuss the following issues related to the employment-at-will doctrine and liability of an employer based on actions and responses to the employee’s behavior and actions. Jennifer, a recent graduate, has recently been hired by your accounting firm out of college. Upon being hired, she engages in a number of different behaviors that need your attention. 1. Describe what steps you would take to address the following scenario involving skills, competence, and abilities: * The employee seems to be unable to learn the computer applications that are basic to her job responsibilities, but, consistently “tells” her boss that she is “a good worker and a genius” and that he does not “appreciate her”. Even after a few months of training and support, she is unable to use the computer tools to be productive and efficient in completing the required tasks. The employee was hired for the specific position which requires the use of the computer applications to complete the required tasks. However, there is obviously a mismatch between her skills and the required work for that position. The computer applications are basic to her job which means that if she really was “a good worker and a genius” she would be able to learn quickly and apply that knowledge and those...
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...Furthermore analysing case law and statue from our jurisdiction and abroad, which was applied in the only real substantive case in 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...
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...relationship in which either party can break the relationship with no liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargaining group (i.e., has not recognized a union). Under this legal doctrine, any hiring is presumed to be “at will”; that is the employer is free to discharge individuals for good cause or bad cause or no cause at all. The employee is also equally free to quit, strike or otherwise cease work. “The right of an employee to quit the services of the employer, for whatever reason, is the same right of the employer, for whatever reason, to dispense with the services of such employee” (Halbert/Ingulli, 2012). Since 1959, several common law and statutory exceptions to at-will employment have been created. Common law protects an employee from retaliation if the employee disobeys an employer on the grounds that the employer ordered him or her to do something illegal or immoral. However, in the majority of cases, the burden of proof remains upon the discharged employee. “The earliest adjustments to the doctrine of employment at will were made as workers fought for the right to organize and form unions” (Halbert/Ingulli 2012). In other words, it came to pass that employees could not be fired for organizing themselves into unions. “Beginning in the 1960s, federal civil rights laws created remedies against employers who fire workers...
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