should consider the multi-factor test. Vicarious liability is a part of Tort law, which can be defined as the imposition of liability on a third party, such as an organisation or employer for the wrong actions, non-actions or negligence of an employee performing their employment duties on behalf of the organisation or employer. It is mostly a component of common law, set by a doctrine of judicial precedents but also involves civil law as vicarious liability falls under concurrent powers with its legislative
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Leave Act (FMLA) is a U.S. federal law which requires employers to provide eligible employees at least 12 weeks of unpaid, leave of absence (LOA) time for certain qualifying medical or domestic reasons. The mandates of FMLA guarantee that the returning LOA employee will be reinstated the same or equivalent position, job duties, rate of pay, and benefits they held prior to taking leave. Covered Employers Eligible Employees • Private Sector Employers - Any business with 50 or more employees who have
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performance-related reasons. The employee alleged her absence from work was to care for her disabled son, and that she was fired in violation of the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). On motion for summary judgment, the district court found in favor of the employer. Issues: 1. Whether terminating an employee for excessive tardiness and absenteeism when such absences were to care for a disabled family member raises an inference that the termination was due
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Law and Health Care- Proof of Negligence Vickie Young Dr. L. Forbes Strayer University January 22, 2012 Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case. Negligence is defined as “conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct of a reasonably prudent person acting under similar
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of a corporation brings harm either willingly or unintentionally to a third party, then the corporation can be held liable for proper standards of care not being upheld. An example would be that the hospital is responsible for ensuring the care and well-being of the patient while housed in the facility. If the patient does not receive the quality of care he or she is entitled to then this can be deemed negligence. Many nursing home patients that have been hospitalized have failed to be bathed, fed
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Act 2011 QLD No. 18 Model Work Health and Safety Act TABLE OF CONTENTS 1.0 Introduction 3 2.0 History and Purpose of OH&S Legislation 4 3.0 Scope of WHS Act 5 4.0 Key Provisions in a Business Context 6 5.0 Primary Duty of Care 7 6.0 Application of OHS 9 7.0 Regulation Change, a Harmonious Approach? 11 8.0 References 13 8.0 Resources 13 1.0 Introduction According to recently published data uncovered within the ABS WRIS
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Employment-At-Will Doctrine Employers have a right to terminate its relationship with any of its employees at any time. The essence of the employment-at-will doctrine gives employees this privilege. When there is not retaliatory or discriminatory reason which links the employer’s decision to the termination of one of or all of its employees the employer is exercising a lawful and permissible right. Furthermore, Title VII which is the Civil Rights Act of 1964, gives employers a guideline by which to
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Agency employment is where a person is employed as a contract or temporary worker to fill a position in a host company. The agency is the worker’s actual employer and is responsible for payroll and taxes, superannuation, recruitment/dismissal/discipline, workers’ compensation. The host company is responsible for direction of tasks or jobs to be undertaken and determining the work available for the temporary worker on site. Normally there is a joint responsibility in so far as occupational health
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twelve weeks if they are taking the leave to provide care for themselves while suffering a serious health condition, provide care for a newly born or adopted child or a family member with a serious health condition, address their own or a family member’s deployment or return from employment as a military service member" (Paige & Nelson, 2018, p. 71). Employees are protected and qualify for FLMA, if: • The employee has worked for the employer for twelve months, and within those twelve months worked
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Running Head: Paws and Claws Pet Store Paws and Claws Pet Store: Business Plan Heidi Bell, Jennifer Lakowski, Aubrie Lasby, Miles Pipher and Justin Teplitz Keller Graduate School of Management Table of Contents Executive Summary Page 3 Introduction Page 4 Goals Page 4 Location Page 4 Culture Page 5 Values Page 5 Products and Services Page 5 Mission Statement Page 6 HR Objectives
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