Whistleblower Activity Essay

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Chapter 1 1. Discharge for Whistleblower Activity- Read, reflect, and respond to questions. Answer1: Broom and Miller appeal will get denied by the federal appeals court on the behalf of lack of specific arguments presented by them to fist, second, and third law. The first law is “Nursing Home Care Act”, for safekeeping and dispensing patient prescription drugs. The employer’s facility is licensed as residential care facility, which omits it from Nursing Home Care Act. The second law “Residential Care Act” is governing living conditions such as lighting, temperature limits, ventilation, and other physical conditions. The employer argued that this act was not mentioned in district court so it should not apply and also the language was very general and not specific enough to rise to the level of a clear statement of public policy. The third law is “Uniform Controlled Dangerous Substance Act”, which makes stealing a controlled substance a criminal offense, but due to lack of clear and specific argument it was not applicable to discharge case. Broom and Miller’s appeal was not able establish how these laws obligates to their discharge case. Broom and Miller’s intention was right but they failed to use “the proper chain of command in raising an issue about another employee”. They are nonunion employees, which means they have no support from any union. Answer 2: If Broom and Miller had been members of the a bargaining unit represented by union for the purpose of collective bargaining, this case would have been handled differently. Broom and Miller lacked the evidence in the three salutary laws, which they presented. The management discharged Broom and Miller under the common law employment at- will doctrine that authorizes an employer to discharge an at-will  employee at any time for any or no stated reason. If the union was to represent Broom and Miller, they

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