The Legal Environment of Business: Text and Cases
10th Edition
ISBN: 9781337535878
Author: Frank B. Cross; Roger LeRoy Miller
Publisher: Cengage Learning US
expand_more
expand_more
format_list_bulleted
Question
Chapter 20, Problem 1BS
Summary Introduction
Case summary: D and C were employees of an appliance plant. The task assigned to them involved occasional maintenance work while standing on a wire-mesh about 20 feet high from the plant floor. Some of the employees were injured earlier while working. D and C refused to perform their duties out of fear of injury and eventually were fired.
To find: If this case is a case of wrongful discharge.
Summary Introduction
Case summary: D and C were employees of an appliance plant. The task assigned to them involved occasional maintenance work while standing on a wire-mesh about 20 feet high from the plant floor. Some of the employees were injured earlier while working. D and C refused to perform their duties out of fear of injury and eventually were fired.
To find: What federal law is applicable in the given case.
Summary Introduction
Case summary: D and C were employees of an appliance plant. The task assigned to them involved occasional maintenance work while standing on a wire-mesh about 20 feet high from the plant floor. Some of the employees were injured earlier while working. D and C refused to perform their duties out of fear of injury and eventually were fired.
To find: The federal agency that can help the parties in loss.
Expert Solution & Answer
Trending nowThis is a popular solution!
Students have asked these similar questions
T.W.E., a large manufacturer, prohibited its employees from distributing union leaflets to other employees while on the company’s property. Richard, an employee of T.W.E., disregarded the prohibition and passed out the leaflets before his work shift began. T.W.E. discharged Richard for his actions. Has T.W.E. committed an unfair labor practice? Explain.
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.
Thomas worked in the nonmilitary operations of a large firm that produced both military and nonmilitary goods. When the company discontinued the production of nonmilitary goods, Thomas was transferred to the plant producing military equipment. Thomas left his job, claiming that it violated his religious principles to participate in the manufacture of goods to be used in destroying life. In effect, he argued, the transfer to the military equipment plant forced him to quit his job. He was denied unemployment compensation by the state because he had not been effectively “discharged” by the employer but had voluntarily terminated his employment.
Did the state’s denial of unemployment benefits to Thomas violate the free exercise clause of the First Amendment?
Chapter 20 Solutions
The Legal Environment of Business: Text and Cases
Knowledge Booster
Similar questions
- Joan Leikvold was hired by Valley View Community Hospital as an operating room supervisor in 1972. She did not have a contract for a specific duration, nor was she told that the hospital would not discharge her except for cause. She was provided with a policy manual and told that the policies were to be followed in her employment relationship with the hospital. In 1978, she became the director of nursing. In October 1979, she requested a transfer back to her former position in the operating room. The chief executive officer (CEO) felt that it was inadvisable for someone who had been in a managerial position to take a subordinate position. Leikvold withdrew the transfer request but was subsequently fired. Her personnel record indicated “insubordination” as the reason for discharge. Leikvold was an at-will employee. At-will means that there is a contract made for an indefinite duration and either party, employer or employee, may terminate the contract at any time for any reason, or…arrow_forwardAccording to health and safety at work Act: “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees”. It States that the duty of care of an employer to his employees was established in the civil courts. In many ways, the provisions of the Health and Safety at Work Act are an attempt to codify this duty as part of the criminal law regulating conditions in the workplace. Bearing this in mind, explain the duties required by the Health and Safety at Work Act?arrow_forwardOn July 25, 2008, 15-year-old Andrew James was working as a labourer for Interlake Paving in Stony Mountain, Manitoba. Interlake, a small company owned by Gerald Shepell, had been contracted to pave a parking lot. James was standing on the box of a semi-trailer, scooping out asphalt with a shovel. The trailer gate unexpectedly swung open, shaking the truck. James lost his footing and fell into the asphalt in the trailer, which quickly poured out through the trailer gate onto the ground, burying him. James died almost immediately from the intense heat of the asphalt. Shepell tried to dig James out, sustaining severe burns to his own hands, arms, feet, and legs. Shepell later pled guilty to breaches of the Workplace Safety and Health Act and the Employment Standards Code (James was under-age) and was fined 34,000. You have been asked to assist the incident investigation team and complete a hazard assessment. Please provide detailed answers to the following questions to assist the…arrow_forward
- On July 25, 2008, 15-year-old Andrew James was working as a labourer for Interlake Paving in Stony Mountain, Manitoba. Interlake, a small company owned by Gerald Shepell, had been contracted to pave a parking lot. James was standing on the box of a semi-trailer, scooping out asphalt with a shovel. The trailer gate unexpectedly swung open, shaking the truck. James lost his footing and fell into the asphalt in the trailer, which quickly poured out through the trailer gate onto the ground, burying him. James died almost immediately from the intense heat of the asphalt. Shepell tried to dig James out, sustaining severe burns to his own hands, arms, feet, and legs. Shepell later pled guilty to breaches of the Workplace Safety and Health Act and the Employment Standards Code (James was under-age) and was fined 34,000. You have been asked to assist the incident investigation team and complete a hazard assessment. Please provide detailed answers to the following questions to assist the…arrow_forwardN.I.S. promoted John, a forty-two-year-old employee, to a foreman’s position while passing over James, a fiftyeight-year-old employee. N.I.S. told James that he was too old for the job and that the company preferred to have a younger man in the position. Discuss whether James will succeed if he brings a cause of action.arrow_forwardMichelle Vinson was an employee of Meritor Savings Bank for approximately four years. Beginning as a tellertrainee, she ultimately advanced to the position of assistant branch manager. Her promotions were based solely upon merit. Sidney Taylor, a vice president of the bank and manager of the branch office in which Vinson worked, was Vinson’s supervisor throughout her employment with the bank. After the bank fired Vinson for her abusive use of sick leave, Vinson brought an action against Taylor and the bank, alleging that during her employment, she had “constantly been subjected to sexual harassment” by Taylor in violation of Title VII of the Civil Rights Act of 1964. Vinson stated that Taylor repeatedly demanded sexual favors from her, fondled her in front of other employees, and forcibly raped her on a number of occasions. Taylor and the bank categorically denied Vinson’s allegations. Does the conduct constitute sexual harassment? Explain.arrow_forward
- Case6 Therien, an independent contractor, operated a trucking business. He drove one truck and hired drivers to operate the others. Therien was engaged in the business for several years and has been doing business with City Construction Company. Teamsters is a trade union within the definition of that expression in the Labour Relations Act. The City Construction Company entered into a collective agreement with the Teamsters’ Union requiring, as one of its terms, that all employees be union members. Therien agreed then to hire only union members for the operation of his truck. However, he declined to join the union personally because he wished to maintain his relation as an independent contractor in dealing with City Construction. He further claimed that, in the capacity of an employer in his own right, he was forbidden by the Labour Relation Code from participating in union activities. The union opposed his view, and because of the union’s threat to picket the City Construction, the…arrow_forwardJason Lasseigne, a Little League baseball player, was seriously injured at a practice session when he was struck on the head by a poorly thrown baseball from a team member, Todd Landry. The league was organized by American Legion Post 38. Claude Cassel and Billy Johnson were the volunteer coaches of the practice session. The Lasseignes brought suit on behalf of Jason against Post 38, claiming that the coaching was negligent and that Post 38 was vicari- ously liable for the harm caused by such negligence. Post 38 contended that it had no right to control the work of the volunteer coaches or the manner in which practices were conducted and as a result should not be held vicariously liable for the actions of the coaches. Decide. Please answer is the IRAC format Issue: Call of the QuestionRule: Rule of Law to be applied to properly answer the questionAnalysis:…arrow_forwardWhich 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_forward
- Under vicarious liability, an employer is liable for the tort of an employee who is acting within the scope of employment. a. True b. Falsearrow_forwardHello, I am in need of assistance to answer the following question in tort law (according to English Law): Graham was employed as a waiter. He prided himself on his physical appearance and his ability to carry trays and dishes with dexterity and professionalism. He developed a tremor in his arm, which affected his ability to carry out these tasks, and consulted Dr Holly about the problem. Dr Holly recommended a surgical intervention in an area of the brain from where she felt that the tremor was emanating. She warned Graham about the 1% risk of stroke associated with the operation. However, she did not inform Graham of the facts that (1) there was a new pharmaceutical drug available on the market which might alleviate the tremor and which had a 0% risk of stroke, or that (2) the surgical procedure also had a 1% risk of affecting nerves around that area of the brain stem which could affect bodily functions such as continence. Graham underwent the operation. He was left incontinent, and…arrow_forwardPauline Brown was shot and seriously injured by an unknown assailant in the parking lot of National Supermarkets. Pauline and George Brown brought a negligence action against National, Sentry Security Agency, and T. G. Watkins, a security guard and Sentry employee. Sentry had a security contract with National. The Browns maintained that the defendants have a legal duty to protect National’s customers both in the store and in the parking lot, and that this duty was breached. The defendants denied this allegation. What will the Browns have to prove to prevail? Explain.arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage Learning
Accounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education
BUSN 11 Introduction to Business Student Edition
Business
ISBN:9781337407137
Author:Kelly
Publisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...
Business
ISBN:9781337386494
Author:Mary Ellen Guffey, Dana Loewy
Publisher:Cengage Learning
Accounting Information Systems (14th Edition)
Business
ISBN:9780134474021
Author:Marshall B. Romney, Paul J. Steinbart
Publisher:PEARSON
International Business: Competing in the Global M...
Business
ISBN:9781259929441
Author:Charles W. L. Hill Dr, G. Tomas M. Hult
Publisher:McGraw-Hill Education