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
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
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.."
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
This paper discusses the issues that arise when court cases are dismissed due to certain technicalities.
Essay # 5342 |
1,020 words (
approx. 4.1 pages ) |
4 sources |
MLA | 2001
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$ 21.95
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Abstract
This paper examines why courts may dismiss cases on a "technicality" and why the American legal system has afforded technicality dismissals to accused defendants. The author looks at reasons for dismissals, such as failure to provide counsel, unreasonable searches and seizures, and failure to Mirandize the accused.
From the Paper
"It is certainly true that cases are often dismissed during a preliminary hearing or at some other early point of a trial. This may be because evidence has come to light between the time of the arrest and the time of a preliminary hearing. But charges may well also be dismissed because of "technicalities". The next question must thus be what the nature of these technicalities is. They vary widely from case to case, of course, given that every case is different, but they can be generally categorized."
Tags:defendant, court, judge, miranda, counsel, constitution, search, police, seizure, charges, technicality, dismissal, warrant, criminal, procedure
This paper discusses whether public school employees can be denied job opportunities or be dismissed because they choose private schooling for their children.
Research Paper # 84079 |
3,375 words (
approx. 13.5 pages ) |
5 sources |
2005
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$ 57.95
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Abstract
This paper examines the issue of whether it is legal for public school employees to be dismissed from employment and or denied positions i.e. teaching, administrative etc. simply because their children go to private schools. The goal of this paper is to demonstrate that and show though legal proof by citing actual cases that public school employees in the United States cannot be denied positions and or dismissed because their children go to private schools. This paper references court cases and explains the courts reasoning as well as clarifies how the decision was made in favor of the plaintiff.
From the Paper
"This paper examines the issue of whether it is legal for public school employees to be dismissed from employment and/or denied positions (i.e. teaching, administrative, etc.) simply because their children go to private schools. The goal of this paper is to demonstrate that (and show though legal proof by citing actual cases) that public school employees in the United States cannot be denied positions and/or dismissed because their children go to private schools. This paper references court cases and explains the courts reasoning, as well as clarifies how the decision was made in favor of the plaintiff or defendant. The two major cases that support the finding that employees cannot be denied positions and/or dismissed because their children go to private schools are: Barrow v. Greenville Independent School District ... "
Tags:employment, law, private
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
Discusses the ethics and obligations when a physician dismisses a patient from care due to the patient's behavior.
Analytical Essay # 28911 |
1,759 words (
approx. 7 pages ) |
10 sources |
APA | 2002
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$ 34.95
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This paper describes a scenario where a patient manipulates his physician and lies about his medical background in order to obtain drugs for his substance abuse problem. The paper examines the responsibilities of the physician, whether he is ethically allowed to 'fire' the patient from his care and other issues to consider. The paper also includes a check-list for dismissing a patient.
From the Paper
"This case is one of highly visible contradictions. The patient demands treatment and when it is provided, rejects it out-of-hand, attempts to self-prescribe, or adheres to the treatment plan only sporadically. The patient's self-defeating quest for chemicals that have been conclusively identified to exacerbate " if not advance " the primary diagnosis and the inclusion of his primary physician in the contraindicated use of these chemicals flies directly in the face of the oath to "do no harm" that all physicians take prior to practicing medicine.
Firing a patient is rarely an easy decision. The driving reason for entering medicine is to heal and serve humanity. No one can be expected to work well with everyone and physicians are no exception. When the foundation of trust is eroded to the level that Sam perpetrated through his lies, drug-seeking behavior, noncompliance, and ambivalent self-care, the Physician's dismissal was requisite to self and practice preservation."
Tags:Hepatitis, C, pharmaceutical
Discusses audience and imagery in Samuel Daniel's 'Sonnet III' from "Delia" and argues against C.S. Lewis who dismisses Daniel's work.
Analytical Essay # 31248 |
2,650 words (
approx. 10.6 pages ) |
8 sources |
2002
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$ 47.95
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Abstract
C.S. Lewis, in "English Literature in the Sixteenth Century", dismissed Daniel's "Delia" on the grounds that: "It offers no ideas, no psychology, and of course no story: it is simply a masterpiece of phrasing and melody" (Lewis 491). Samuel Daniel's sonnet sequence, "Delia" (1592), is undeniably remarkable for its phrasing and melody. However, one can take issue with Lewis' depiction of Daniel's achievement. This essay will argue that, contrary to Lewis' statement, Daniel's "Delia" reveals a complex level of interlocking patterns of thematic ideas and imagery. One cannot assert broad generalizations about a poet's entire work, much less the poetic production of an entire era, from the textual analysis of a single work. Includes annotated bibliography.