18-6. Discharge by Operation of Law. Dr. Jake Lambert signed an employment agreement with Baptist Health Services, Inc., to provide cardiothoracic surgery services to Baptist Memorial Hospital-North Mississippi, Inc., in Oxford, Mississippi. Complaints about Lambert's behavior arose almost immediately. He was evaluated by a team of doctors and psychologists, who diagnosed him as suffering from obsessive-compulsive personality disorder and concluded that he was unfit to practice medicine. Based on this conclusion, the hospital suspended his staff privileges. Citing the suspension, Baptist Health Services claimed that Lambert had breached his employment contract. What is Lambert's best defense to this claim? Explain. [Baptist Memorial Hospital-North Mississippi, Inc. v. Lambert, 157 So.3d 109
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- Karen is a computer programmer at a large tech firm, ABC Inc., in Silicon Valley. Karen learns that her salary is far below that of her male counterparts. Karen decides to open her own firm, but before she leaves, she calls the clients on the projects that she is working on and convinces a small number to come to her new venture. Is Karen liable to ABC Inc. for damages suffered as a result of the loss of the clients? Yes, Karen has violated her duty of loyalty to ABC Inc. No, Karen was justified in her action because she was being discriminated against. No, a client can choose to do business with whatever company it wants. No, it was just a small number of clients.Explain the fourfold test for employment. Why did the courts find it necessary to establish this test?Honda Canada Inc. v. Keays, [2008] Mr. Keays was hired in 1986 by Honda as an assembly-line worker. In 1997 he was discharged with chronic fatigue syndrome and consequently went on disability benefits until the insurer declared that he was fit to return to work. When he returned, the employer put him into its disability program, which required him to submit medical reports for every absence from work. The employer began to doubt the veracity of Mr. Keay’s doctor’s reports and, therefore, in 2000, ordered him to see a doctor it had selected. Mr. Keays obtained legal advice recommending that he not see the employer’s doctor unless the employer clearly indicated the purpose of the examination. The employer ignored the lawyer’s request and summarily dismissed Mr. Keays for cause (without notice) when he refused to meet with the employer’s doctor. The employer claimed that this was insubordination, entitling it to dismiss Mr. Keays without notice. Mr. Keays sued for wrongful dismissal. He…
- 19-2. Duty of Loyalty. Peter hites Alice as an agent to sell a picce of property he owns. The price is to be at least $30,000. Alice discovers that the fair market value of Peter's property is actually at least $45.000 and could he higher because a shopping mall is going to be built nearby. Alice forms a real estate partnership with her cousin Carl. Then she prepares for Peter's signature a contract for the sale of the property ro Carl for $32,000. Peter signs the contract. Just before clos- ing and passage of title, Perer learns about the shopping mall and the increased fair aarket value of his property. Peter refuses to deed the property to Carl. Carl claims that Alice, as Peter's agent, solicited a price above that agreed on when agency was crcated and that the contract is therefore bind- ing and enforceable. Discuss fully whether Peter is bound to this contract. (See: Duties, Righs, and Remedies of Agents and Principals.) the31.Title VII of the Civil Rights Act prohibits discrimination Multiple Choice in employment decisions on the basis of race, religion, sex, color, or national origin. against workers over the age of 40 and restricts mandatory retirement. against women in employment decisions on the basis of pregnancy, childbirth, and related medical decisions. in the areas of hiring and firing only. against disabled individuals in employment decisions and requires that employers make accommodations for disabled workers to enable them to perform their jobs.Deran Cody, a U.S. citizen, married Isolde Trieste, a Portuguese citizen, who came to the U.S. in September 2021 as a tourist to visit her sister. Deran earned $81,000 and Isolde had no U.S. or Portuguese income. Neither Deran or Isolde is a dependent of anyone else. A Form W-7 should be filed for Isolde because she: Qualifies as a resident alien under the substantial presence test. Is a qualifying relative of her sister. Is the qualifying person of a resident spouse, so Deran can claim the head of household filing status. Can make a spousal election to be considered a U.S. resident for tax purposes.
- Using statue case law, distinguish between the concept of separate legal personality and limited liabilities.Henry has worked for N 49,a small manufacturer of transistors, as a production supervisor for 15 years. He is 42 years old and the oldest member of the young workforce. He is also the only member of the production team paid a regular salary rather than an hourly wage, and the only one with a non competition agreement which restricts him from working for any other electronics component manufacturer in the province for five years following termination of his employment. With N 49 except as a result of a layoff. Due to COVID-19 and is a part of a the other production workers be reduced to six hour shifts but to be on call, including weekends, without any extra pay if there is a demand spike. Henry explained to his boss Ted that he couldn't follow this plan as it would require him to be available on the weekends when he must be available to look after his young children so that his wife Haley can go on her shifts as an emergency medical service. Dispatcher N 49 is not…Immar Medrano was employed as a journeyman electrician by Marshall Electrical Contracting, Inc. (MEC), in Marshall, Missouri. Medrano attended an electrician apprenticeship night class at a community college in Sedalia, Missouri. MEC paid Medrano’s tuition and book fees. Attendance at the course required Medrano to drive 70 miles round-trip. One night, when Medrano was driving home from the class, a drunk driver crossed the center line of U.S. Highway 65 and collided head-on with Medrano’s automobile. Medrano died in the accident. His wife and two children filed a workers’ compensation claim for death benefits against MEC. Are Medrano’s actions at the time of the automobile accident within the course and scope of his employment, thus entitling him to workers’ compensation benefits? Explain your answer.
- Henry has worked for N 49,a small manufacturer of transistors, as a production supervisor for 15 years. He is 42 years old and the oldest member of the young workforce. He is also the only member of the production team paid a regular salary rather than an hourly wage, and the only one with a non competition agreement which restricts him from working for any other electronics component manufacturer in the province for five years following termination of his employment. With N 49 except as a result of a layoff. Due to COVID-19 and is a part of a the other production workers be reduced to six hour shifts but to be on call, including weekends, without any extra pay if there is a demand spike. Henry explained to his boss Ted that he couldn't follow this plan as it would require him to be available on the weekends when he must be available to look after his young children so that his wife Haley can go on her shifts as an emergency medical service. Dispatcher N 49 is not…What issues must the court decide in this case? Joan, a warehouse worker, was diagnosed with carpal tunnel syndrome. She was subsequently assignedto reduced duties. However, the duties were later multiplied, increasing her arm and wrist pain. WhenJoan presented her employer with a doctor’s note advising her to take a six-week leave of absence, theemployer gave her an ultimatum—show up for work or lose her job. Joan decided to sue under the ADA,claiming her carpal tunnel syndrome was a disability worthy of accommodation.Sam, a mid-level manager at his company, continually makes offensive remarks and gestures toward Susan, a non-manager at the company who works in another department. Susan quits her job and brings a lawsuit for sexual harassment. As a general rule under California law, the company Group of answer choices a. is strictly liable to pay general damages for the sexually harassing acts of its managers. b. is not liable if Susan complained about the problem and the company took no corrective action. c. is liable for punitive damages even if senior management had not been made aware of the problem. d. none of the above.