Case Summary: The person, AW, was employed as a collector for FCS. While attending a collection call, she informed a debtor that $15 processing fee was an “interest” charge. The information provided by her violated the company policy and AW was sacked. She claimed for
To explain: The likelihood to uphold the findings of MD Employment services.
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Chapter 2 Solutions
MindTap Business Law, 1 term (6 months) Printed Access Card for Cross/Miller's The Legal Environment of Business: Text and Cases, 10th (MindTap Course List)
- Susan is an American citizen who enters into an employment contract with the Spanish government to teach Spanish government employees how to write grants. Susan was paid for her first two months of work but has not been paid for three months since. Susan files a lawsuit against the Spanish government in a United States District Court. Spain desires to have its day in court, so Spain waives immunity. The United States District Court will O a. dismiss the case because Susan is an American citizen. b. dismiss the case because the Foreign Sovereign Immunities Act states that American courts cannot hear cases against foreign governments. hear the case because the Act of State Doctrine requires that international contracts be honored. d. hear the case because Spain waived immunity. C.arrow_forwardA machine operator employee with a major depressive disorder intermittently takes leaves under the Family and Medical Leave Act, resulting in alleged harassment by her employer surrounding her FMLA usage as well as a transfer to various difficult machines after her return from leave. Two months after her last FMLA leave, she is terminated for “improper phone usage.” [Hite v. Vermeer Mfg. Co., 361 F. Supp. 2d 935 (S.D. Iowa, 2005).] explaining your conclusion regarding whether the scenario constitutes a violation of public policy or a breach of a covenant of good faith and fair dealing. Support your conclusion with legal analysis and reasoning. Explain whether any of the scenarios give rise to potential employer liability and what steps should have been taken to avoid the exposure.arrow_forwardPlease no written by hand and no emage Silky Coordinates", a women's clothing store, employs female attendants to assist customers in the dressing rooms. Radley, 41 year old male, applies for the job , but is not hired and is told that only woman qualify. If Radley brings a suit against "Silky" for employment discrimination under Title VII, what is the store's best defense? For the purposes of this question you may assume that Radley has information that makes it possible to prove he was not hired because he is a male. You may also assume that Radley is not transgendered, or gender fluid. Now consider that Radley is a transgender person, who identities as a female, and is in the process completing a physical change to a female. However, anatomically she is a male. Again, you may assume that Radley has information that makes it possible to prove she was not hired because she is transgendered. Does the store have a defense to a discrimination suit? To answer this question you will have…arrow_forward
- Whistleblowing cannot be practiced in the absence of a whistleblowing law. * False True Dani established a small business with his wife, father, and two children. These family members are neither receiving regular salaries nor being registered at the NSSF, but merely helping Dani run his business operations. Thus, the relationship between Dani and his family members is governed by the Lebanese Labor Law. * False True The forms of evidence which are required for blowing the whistle externally to the court are exclusively the visual ones. * False True Trade secrets give the firm a competitive advantage because they may not be within the general knowledge of the industry and may not be easily duplicated without involving considerable time, effort or expense. * True False Dani and Rima separately produced the same invention, but only Dani applied to the Ministry of Economy and Trade. Then only Dani has the right for legal protection. * False True A description of a machine could be…arrow_forward) Jack was sued by Wowley for defamation, because of statements made by Jack in the public domain, which impugned wrongful, unethical behaviour by Wowley. Samla was subpoena to attend court as a witness, because she was present when Jack made the alleged defamatory statements. Jack as an incentive to Samla to attend court, promised to pay her the sum of $10,000 for her loss of time, but later on reneged on his promise, telling Samla to sue him because he is not giving her one cent. Samla thereafter sued Jack to enforce his promise, with a view to get the promised $10,000. Jack knows you are a Business law student and is seeking your advice on the matter. Please advise Jack.arrow_forwardIn 2017, the State of Connecticut passed the Fair Chance Employment Act that provides, in pertinent part, that “[n]o employer shall inquire about a prospective employee's prior arrests, criminal charges or convictions on an initial employment application, unless (1) the employer is required to do so by an applicable state or federal law, or (2) a security or fidelity bond or an equivalent bond is required for the position for which the prospective employee is seeking employment.” What is the social issue that the State of Connecticut is seeking to address through the Fair Chance Employment Act? And what are the likely outcomes of the Fair Chance Employment Act? (That is, will the statute achieve its intended result and are there any unintended consequences that will or may flow from the statute?)arrow_forward
- Which of the following are required for a plaintiff to establish a prima facie case of disability discrimination? Select all that apply. 1. that her employer has 10 or more full time employees 2. that she was forced to work in a hostile work environment. 3. that she is someone who, with or without reasonable accommodation, can perform the “essential functions” of the employment position that such individual holds or desires. 4. that she is disabled 5. that she was subjected to unlawful discrimination because of her disabilityarrow_forwardSamantha is a nursing assistant in a retirement home run by Pinewood Home Care, Inc. She works at least 50 hours every week. After looking at her payroll stubs for the past six months, Samantha concludes that she has not received her share of overtime pay. With the help of a friend in the payroll department, Samantha learns that Pinewood has classified her as a temporary employee. No overtime pay is the result of that classification. Samantha complains to her supervisor, but her Pinewood makes no changes. Is Samantha entitled to overtime as a nursing assistant? If not, why not? If Samantha is entitled to overtime, where is the most appropriate place to pursue legal options to recover her overtime and what steps should she take to do so Response prompt (if appropriate): After posting, respond to two classmates. In each response, agree or disagree with the suggested conclusion and provide alternatives. Provide sources where appropriate.arrow_forwardElaborate on the Promotion of Administrative Justice Act 3 of 2000, right to just administrative action.arrow_forward
- Riggleman just graduated from college with his Master's in education and philosophy. Looking for his first job to help pay student loans, Riggleman applies for a teaching position at the Roanoke Roman Catholic Church's main high school. Riggleman, not a believer in God, doesn't care what subject he teaches, as long as it pays well. The hiring manager at the church school, Bob Balboa, tells Riggleman the church cannot hire Riggleman for the one open position as an assistant priest position that doubles as a teacher. In that position, the priest/teacher officiates at all of the school's religious ceremonies and also serves as a reduced load teacher (two classes instead of the usual five classes). Balboa tells Riggleman he cannot be considered for the opening because Riggleman is not Roman Catholic. Riggleman sues Balboa for discrimination under Title VII. What is the likely outcome? - Balboa wins because Riggleman does not have standing since he was never an employee Balboa wins because…arrow_forwardWhat 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.arrow_forwardMs. T who was employed with Catamaran Inc. was caught in the act of stealing the company property of her employer. When Ms. T admitted to the commission of the said act to her manager, the latter advised her to just tender her resignation; otherwise, she would face an investigation which would likely lead to the termination of her employment and the filing of criminal charges in court. In the letter of dismissal, the employer also stated that Ms. T qualifications was not as good as those of the other employees and that when the company held a party in her honour for 20 years of service to the company, that she drank too much and had to be taken home by the company’s driver. Acting on her manager’s advice, Ms. T submitted a letter of resignation. Later on, Ms. T filed a case for constructive dismissal against her employer. While Ms. T conceded that her manager spoke to her in a calm and unforceful manner, she claimed that her resignation was not completely voluntary because she was told…arrow_forward
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