The court will most likely upheld the employee manual for terminating employees for unsatisfactory performance. The employee manual will be an implied contract and Dillon v. Champion Jogbra, Inc. will support his claim. Dillon v. Champion Jogbra, Inc. the court rule in favor of Champion Jogbra, Inc. because the company put a clause in the employee manual stating: “They do not constitute part of an employment contract, nor are they intended to make any commitment to any employee concerning how individual employment action can, should, or will be
In order for a defendant to be liable, the plaintiff must establish both negligence and proximate cause. (Aaron Larson, Law Offices of Aaron Larson, October, 2003). Esposito was injured due to Davis knocking into her when he turned around. The negligent conduct was Davis turning around without warning. The owner of the craft show could be liable for the accident of his employee under Vicarious Liability.
ISSUE: At issue is whether the misconduct which warranted termination from employment rose to the level of misconduct which would warrant denial of unemployment compensation under NMSA 1978, Section 51-1-7 of the Unemployment Compensation Law, NMSA 1978, Sections 51-1-1 to 51-1-54 (Repl. Pamp.1987). RULE: In this case, the hearing officer misapprehended the standard of "misconduct" as set forth in Mitchell V. Lovington and in this opinion. Specifically, the hearing officer defined "misconduct" as denoting "a material breach of the contract of employment or conduct reflecting a willful disregard of the employer's best interests." APPLICATION: The district court ruled that Rodman's behavior prior to February 15 constituted misconduct; that her acts of February 15, considered in light of her previous history, constituted misconduct; and that she was terminated for misconduct.
Persons who are the victims of sexual harassment may sue under Title VII of the Civil Rights Act of 1964 (42 U.S.C.A. § 2000e et seq. ), which prohibits sex discrimination in the workplace. The federal courts did not recognize sexual harassment as a form of sex discrimination until the 1970s, because the problem originally was perceived as isolated incidents of flirtation in the workplace. Employers are now aware that the victims of workplace sexual harassment can sue them.
The whistle blower Protection Act (“WPA”) of 1989 was enacted to safe guard workers who report major violations of law from being discharged or otherwise retaliated against by their employers. To qualify for whistle-blower protection, an employee must provide a written disclosure regarding a violation of State or Federal law through (1) mismanagement: (2) abuse of authority, (3) substantial waste of public funds, or (4) danger to public health and/or safety. (Employment Law, New Challenges in the Business Environment 6th Edition by John Jude Moran© 2014PearsonEducation, Inc.) Sheldon is protected by The Whistle blower Protection Act he would be able to keep his job, but the company will receive a stiff fine if this is found to be true that they are dumping 50% of the toxic waste into the
Based on the information given in the case study, it is safe to assume that Louis Lane Cosmetics Company is only interested in hiring women for this particular position. Hence, men are being discriminated and excluded from the chance of being equally considered for this position on the bases of education and prior job experience. Ben Smith will file his claim under disparate treatment. This is a type of discrimination in which differing treatment of individuals occurs, where the differences are based on individual's’ race, color, religion, sex, national origin, age, or disability status. In other words, an individual cannot be held to different standards when being considered for a hiring, promotion, training, transfer, compensation.
If an employer fails to meet its duty to conduct an adequate background check and hires an unfit employee who uses his or her position to inflict harm on others, that employer may be liable for negligent hiring. Here in this case, the delivery company hired these deliverers, one of whom had pled guilty to a charge of fourth degree burglary with an intention to commit theft from a dwelling. This is clearly a case of negligent hiring without a background check. Also liability for negligent hiring is limited to situations in which an unfit employee harmed others while on the employer’s premises or while using the employer’s property. In this case, delivering a new washing machine to the home of a customer indicates that the theft was conducted in the working hours and on the employer’s premises.
Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. The harassment can range from derogatory comments to unwanted sexual advances and threats to sexual assault, and rape. These acts affect all employees, but can have particularly negative impact and result on employees in low-wage jobs because these workers can least afford to have their livelihoods endangered. Immanuel Kant’s philosophy on sexual harassment was “…each person thinks of themselves as a rational creature who is entitled to dignity and respect.” ( Gilbert, 2008) Kant, and sometimes Sigmund Freud, perceived the sexual impulse and acting on it to be something nearly always, out of place to the dignity of a
I Introduction I will be writing this paper on the topic of whether it is acceptable to cheat while in a serious relationship or not. I will be addressing case 22, cheating in a relationship, for my reference. My opinion is that cheating in a relationship is morally wrong, no matter what the circumstances may be. Cheating in a relationship is morally unacceptable because you chose to enter your relationship with the intent to be committed to them, and you are supposed to keep that commitment. As well as the consequences that come from cheating on your partner, may be life-changing.
One of the major consequences of plagiarism is that legal action can be taken against the writer since the Copyright law protects the actual words. If someone else attempts to use the same ideas and words, that person will be committing a copyright infringement so; the plagiarizer is litigated for any loss as a result of the plagiarism. People who are found guilty of plagiarism are blacklisted and expelled from their respective institutions and as a result, they experience difficulties in obtaining admission in other institutions or even employment especially in a firm dealing in journalism or publishing (Borges 223). Plagiarism can be an obstacle to one from getting a promotion to higher and well paying positions. In cases where a student is not expelled, they are placed on academic probation for the student will fail the paper plagiarized.