Analysis of a wrongful dismissal case.
Analytical Essay # 131872 |
750 words (
approx. 3 pages ) |
2 sources |
MLA |
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Abstract
This paper presents an in-depth discussion of wrongful dismissal, citing a Canadian case to emphasize the flaws in the system. The paper further notes how J. Echlin referred to just cause in employment termination as "the capital punishment crime of employment law." The paper also hows it follows that the onus is on the employer to exercise great care and discretion in how it goes about establishing that just cause exists. The case of Tong v. Home Depot of Canada is an example of showing that the burden of proving just cause lies with the employer.
From the Paper
"In Tong v. Home Depot of Canada the plaintiff was successful. In Daley v. Depco International Inc. the defendant was successful 3. I think that J. Echlin meant that as dismissal without notice is such a severe punishment (the most severe punishment an employer can give to an employee), it is incumbent upon the employer to exercise great care and discretion in how it goes about establishing that just cause exists."
Tags:wrongful, dismissal, law
Compares & contrasts the coverage of the dismissal of the the Paula Jones sexual harassment suit against President Clinton. Compares same day articles from NEWSDAY, USA TODAY, & THE LOS ANGELES TIMES.
Comparison Essay # 13267 |
1,125 words (
approx. 4.5 pages ) |
3 sources |
1998
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$ 23.95
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From the Paper
"The Paula Jones lawsuit has occupied the attention of the news media for a long time, and even with the discovery of new scandals about President Clinton, the Jones suit has remained a central issue. Other scandals are talked about as if they were related to the Jones suit. This makes the dismissal of the lawsuit on April 1, 1998 a major event, and it has been treated as such in the news media. This does not mean the lawsuit or its dismissal have clear meanings, and the way each has been talked about shows that the media cannot decide a number of things about the case or about the fact that it has been dismissed. In the early hours after the dismissal, the media speculated about what this meant--did it mean the case was over, would it be appealed, what does this say about the issues involved, and so on.
John Riley and Shirley E. Perlman in Newsday announced that.."
A case study analysis of five candidates for dismissal by FastServe and the employment law that relates to each case.
Case Study # 105050 |
1,393 words (
approx. 5.6 pages ) |
4 sources |
MLA | 2008
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$ 27.95
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Abstract
This paper outlines the major aspects of employment law that need to be considered by an organization. It bases its discussion primarily on a case analysis from a simulation based on the company, FastServe Incorporated. The simulation presents five candidates for dismissal and examines major areas of employment law and the legal implications surrounding dismissals.
Table of Contents:
Introduction
Regulatory Circumstances: Understanding Employment at Will & Collective Bargaining
The Agency Principle
Legal Risk and Business Risk
From the Paper
"In conclusion, as shown from the simulation, employment law and the auspices surrounding the issue are expansive. The legal issues in the workforce stem from hiring, interviewing, dismissals and all aspects of labor activities. Employment risk plays a major part within this overall area. As shown from the simulation, it coincides with all legal issues in the workforce and even outlines aspects of the principal-agent problem studied in economics. Nevertheless, its understanding is important to the sustainability of an organization as is clearly outlined for FastServe."
Tags:workforce, discrimination, resourcefulness
An in-depth study of the abuse of the individual right in the American First Amendment.
Essay # 8896 |
2,300 words (
approx. 9.2 pages ) |
17 sources |
APA | 2002
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$ 42.95
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Abstract
This paper examines the fact the history shows that uncertainties of a fragile First Amendment during times of crisis are well founded, as seen in the post September 11th era. It defines and provides a history of the First Amendment. It uses numerous legal cases to support its claims. The paper describes the Five Freedoms. The author states that the First Amendment right of free association has been rigorously compromised, particularly for those connected with Muslim organizations that the government believes supports anti-American causes.
Table of Contents
History and the First Amendment
Free Expression on Private Property
Hate Speech
Clear and Present Danger
The Problem of ''Symbolic Speech.''
Conclusion
Reference:
Works Cited
From the Paper
"The most basic element of freedom of expression is the right of freedom of speech. The right to freedom of speech allows individuals to utter them without interference or constraint by the government. The Supreme Court requires the government to provide extensive justification for the interference with the right of free speech where it attempts to normalize the content of the speech. A less rigorous test is applied for content-neutral legislation. The Supreme Court has also recognized that the government may proscribe some speech that may cause a breach of the peace or cause violence. The right to free speech includes other mediums of expression that communicates a message."
Tags:freedom, experssion, speach, right, individual, supreme, court, content-neutral, legislation
Case study involving the dismissal of a fireman.
Term Paper # 149404 |
754 words (
approx. 3 pages ) |
2 sources |
APA | 2011
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$ 16.95
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Abstract
This paper examines a case involving the dismissal of a fireman based on his viewing illegal material on the fire station's computer. Although what the fireman did, looking at child pornography, is a capital offense, the paper is more concerned about the lack of computer security that led to his dismissal and arrest. Various suggestions are made regarding establishing security guidelines within the fire station, which are presented in a list format. Additionally, the paper notes that once information security policies are in place and the controls recommended have been established, it will be unlikely for an event like the dismissed firefighter to happen.
From the Paper
"With the advent of information technology and the Internet, there are various security concerns related to the matter. Threats and vulnerabilities abound the information technology and information systems environment. At the same time though, there could be ramifications if there are no information policies existing to protect these organizational resources. The first thing management and decision-makers must do to align the information technology and information systems implementation with the development of information security policies. Information security policies are management directions indicating course of actions on the proper use, control and management of the information resources, and in this case the fire department.
"With an information security policy in place, the case of the dismissed and prosecuted firefighter will not happen because there would have been policies in place that would prevent him from receiving pornographic materials. The policy would have also dictated that computers are limited to official use thus controls would have been in place to prevent accessing personal ..."
Tags:child pornography, firefighters, policy guidelines, dismissal
An in-depth review of patient noncompliance and patient dismissal by the medical practitioner.
Research Paper # 114285 |
4,587 words (
approx. 18.3 pages ) |
13 sources |
APA | 2009
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$ 71.95
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Abstract
The paper explores the ethics of the practice of terminating patients for lack of compliance to prescribed medical treatments. The paper also researches the ramifications of this practice for the patient and for the medical practice. The paper then looks at the alternatives to dismissing a patient and discusses the steps that can be taken by the nurse practitioner to help avoid this unfortunate event.
Outline:
Factors Affecting Patient Noncompliance
Legal Ramifications of Discontinuation of Treatment
Conclusion
From the Paper
"Advanced Practice Nursing represents a partnership between the patient and service provider. Many times the success of the treatment plan depends on the patient taking responsibility for compliance with certain prescribed actions. Examples of these actions include taking prescribed medication as directed, following a certain diet, or following an exercise regimen. If a patient does not follow the treatment plan, it can jeopardize the outcome of the treatment. Many physicians and other medical practitioners now view patient noncompliance as a breach of the relationship."
Tags:medication, discontinuation, treatment, communication
A paper that examines dismissal from workplaces due to sexual harassment.
Essay # 65751 |
1,482 words (
approx. 5.9 pages ) |
7 sources |
APA | 2006
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$ 29.95
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Abstract
In this paper the author discusses the issues at hand when an employee is dismissed from his workplace due to sexual harassment whether it be fair or unfair. The author highlights the real problem for the typical employee in that he does not have the information, or the help to fight a suit from the beginning. A company has lawyers on a retainer, some of whom specialize in fighting employee termination suits. The paper concludes with recommendations of what can be done for fairer treatment.
From the Paper
"We have moved from the Stone Age, where cave men dragged their women through valleys and mountains, often by their hair, to the age of frightening realities where women fear the potential sexual innuendoes, even unwanted "touching" by men, while men are afraid to do or say anything- even for an executive to close his office door with his secretary or some other woman present."
Tags:harassment, termination, law, suit, misconduct
This article concerns an ethical dilemma involving an employee's dismissal from a motor company, that is a major advertiser in a newspaper.
Case Study # 74867 |
1,269 words (
approx. 5.1 pages ) |
2 sources |
APA | 2006
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$ 25.95
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Abstract
The writer describes how the ethical dilemma arose when an investigative reporter discovers a threat of legislation against a motor company for unfairly terminating an employee. The motor company has bought a large amount of advertising space at the newspaper where the said reporter works. The writer describes that the stated policy of the company is to remain non-partial in its hiring and termination of employees. The paper shows that the employee claims that he was mistreated and subsequently terminated because of his race and religion. However, the writer reveals the reporter's claims that the employee had been caught stealing money from the company's cash box. This article discusses the problem that arises as a result of the company's refusal to allow newspaper reporting regarding the matter. The writer shows that if the reporter were then to write about the matter, it constitutes a conflict of interest with an advertiser.
From the Paper
"The reporter in question brought the matter to the attention of the editor, who contacted the human resources manager to discuss the matter. It was decided that it was in the paper's best interest to pursue the story. The policy of the Weekly Herald is clearly that reporting should be honest, current and impartial. If any place of business is guilty of misconduct with regard to its employees, readers have the right to know about it. Furthermore, in the intensely competitive world of reporting, it would serve the paper well to bring fully investigated, truthful and timely material to the reader. Waiting for the angry employee to go to the press with the story would be unfair both to the paper and to its readership. Firstly, the Weekly Herald would prove untrustworthy in terms of newsworthy items and secondly, it is likely that the objectivity of the story would be compromised."
Tags:dismissal, contract, termination, race
Looks at a legal case in which an employee, who was dismissed because he refused to participate in an emergency situation requiring a blood transfusion, is suing the hospital based on his religious beliefs.
Analytical Essay # 145570 |
2,580 words (
approx. 10.3 pages ) |
9 sources |
APA | 2010
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$ 46.95
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Abstract
This paper explains that individuals working in the medical community have the right to refuse to provide care, which differs from religious beliefs; however, in an emergency situation, the standard is to save the patient's life regardless of the individual employee's belief. Next, the author evaluates the legality of the dismissal of Comodo, with a 20 year satisfactory work history at the hospital, because of his insubordination, based on religious beliefs, in a emergency situation needing a blood transfusion. The paper concludes that unquestionably Comodo's behavior was unsafe and that his attitude was an insubordination; however, written warning should have been provided Comodo and, if not done, then Comodo has grounds for his lawsuit .
From the Paper
"In the case of Comodo, the development of the situation was likely limited in scope as emergent care was often shuffled away from Comodo in transfusion cases, by him without regard for his duties, and yet his superiors never took formal action against him, likely for fear of being deemed discriminatory. The only sticking point as a labor relations advisor is that Comodo's 20 years of service and employment reviews did not reflect his superiors desires or actions prior to his dismissal in this case."
Tags:triage liability, documented warning, contingency, bioethical determinations
A legal brief for a motion to dismiss an action for cruel and unusual punishment against the Sauk County Jail.
Term Paper # 142464 |
1,500 words (
approx. 6 pages ) |
3 sources |
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$ 29.95
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Abstract
The paper discusses how the plaintiff alleges that she was issued an ill fitting jail uniform, developed a untreated rash, and after falling down some stairs was denied adequate medical care. The paper cites one Spreme Court, and Appellate and two district court cases to provide arguments for dismissal.
Tags:legal, brief, motion