Case summary: The person RB had applied to the University of Kansas School of Law, wherein during the admission process he knowingly provided false information regarding his criminal history. In the past, he had been convicted of domestic battery and driving under influence. He was accepted in the University but his criminal background was found out. Later, he was notified of the intention of dismissal and granted an opportunity to explain himself in writing, but he asked for a hearing. The hearing was denied and he was dismissed from the University.
To explain : The action of the school to dismiss the person RB denying him due process.
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Chapter 4 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
- 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 (Miss.App. 2015)] (See Discharge by Operation of Law.)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_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
- Stephen Glass made himself infamous as a dishonest journalist by fabricating material for more than forty articles for The New Republic and other publications. At the time, he was a law student at Georgetown University. Once suspicions were aroused, Glass tried to avoid detection. Later, Glass applied for admission to the California bar. The California Supreme Court denied his application, citing “numerous instances of dishonesty” during his “rehabilitation” following the exposure of his misdeeds. How do these circumstances underscore the importance of ethics?arrow_forwardRiggleman 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_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_forward
- H. J., Inc., and other customers of Northwestern Bell Corp. alleged that Northwestern Bell had furnished cash and tickets for air travel, plays, and sporting events and had offered employment to members of the Minnesota Public Utilities Commission in exchange for favorable treatment in rate cases before the commission. A Minnesota statute makes it a felony to bribe public officials. H. J. and other customers brought suit against Northwestern for violating the criminal bribery statute. Can the customers bring a criminal action? [H. J., Inc. v. Northwestern Bell Corp., 420 N.W.2d 673 (Minn. App.)] Baker and others entered a Wal-Mart store shortly after 3:00 a.m. by cutting through the metal door with an acetylene torch. They had moved some of the merchandise in the store to the rear door, but the police arrived before the merchandise could be taken from the store. Baker was prosecuted for larceny. He raised the defense that he was not guilty of larceny because no merchandise had ever…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_forwardJennifer owns a construction company that builds custom houses. She hired Steve, an out-of-work contractor, as an agent to solicit new business. Steve was approached by Tiffany, a celebrity who wants to have a $3 million custom house built. Steve did not disclose this information to Jennifer because he wanted to take advantage of this opportunity himself. As such, Steve has: Group of answer choices acted within the scope of his agency. breached his duty of due care to Jennifer. acted unethically, but not in violation of his duties to Jennifer. breached his duty of loyalty to Jennifer.arrow_forward
- Paula Plaintiff owns Paula’s Boutique, one of the most popular stores in town. William Wicked owns the store next to Paula’s Boutique. William has been jealous of Paula’s success. William, in an effort to increase his own business, begins to tell his customers that Paula is dishonest and unethical. William even puts a sign in his front window warning potential customers not to shop at Paula’s Boutique because of her deceitful and unethical practices. Paula is upset when she finds out what William has been doing. Paula has always been honest and ethical with her customers and now her business is suffering because of William’s dishonesty. Paula decides that something must be done about this situation. What advice would you give Paula? Discuss the possible tort claim Paula might have against William. Be sure to include the elements of the tort and relate those elements to the scenario. If Paula decides to pursue a claim against William, should she consider a lawsuit, mediation, or…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_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
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