...taken in order to do so with the Equal Employment Opportunity Commission (EEOC), and the U.S. Court System. Equal Employment Opportunity Commission (EEOC) laws were designed that governs both the employee and employer when a complaint is filed. According to U.S Equal Employment Opportunity Commission (n.d), “EEOC files employment discrimination lawsuits in select cases. When deciding whether to file a lawsuit, EEOC will consider several factors, including the seriousness of the violation, the type of legal issues in the case, and the wider impact the lawsuit could have on EEOC efforts to combat workplace discrimination. Because of limited resources, EEOC cannot file a lawsuit in every case where discrimination has been found”. In this scenario, the first thing that John has to do in filing his complaint is to do so with the office of EEOC. After the complaint has been filed, the Equal Employment Opportunity Commission (EEOC) will then take over the case, which they will take the proper steps in an effort to avoid any legal actions. John’s case will be moved to a state level, and if it is necessary then to the Supreme Court. The employer in this matter will then be notified regarding the complaint that was filed against them. Also, in some cases if agreed upon by both parties, a mediator is assigned in the attempt for both parties to reach a binding agreement. The Equal Employment Opportunity Commission (EEOC) will attempt a second phase of mediation if in the case the mediation...
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...Training Key Areas ??? HRM/326 January 12, 2015 Instructor Donna Wyatt Training Key Areas The effectiveness of employee’s performance is measured by their productivity, happiness, and talent and reflects the prosperity of the overall organization. The responsibility of corporate level positions is a vital value for larger businesses and it is an important attribute for high level contributions from each employee. Being an active member in society and aiding with community projects that encourage diversity within the organization can help to maintain a healthy relationship between the company and the surrounding society (Blanchard & Thacker, 2007). When a business instills a healthy working environment for their employees, it most often times results in building an effective working relationship for a long period of time. This paper will analyze the key training criteria’s that focuses on large companies in the areas of their legal requirements, employee growth, and diversity. Legal Requirements There are many situations that can result in legal action taking toward an organization. Legal actions such as employees getting injured while performing their duties or during training, if a company fails to meet the training requirements, and if there is a leak with confidential information that pertains to an employee or the organization. It is imperative for a company to get permission when copying training material to avoid any copyright infringement which is subject...
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...Training Key Areas Training Key Areas The effectiveness of employee’s performance is measured by their productivity, happiness, and talent and reflects the prosperity of the overall organization. The responsibility of corporate level positions is a vital value for larger businesses and it is an important attribute for high level contributions from each employee. Being an active member in society and aiding with community projects that encourage diversity within the organization can help to maintain a healthy relationship between the company and the surrounding society (Blanchard & Thacker, 2007). When a business instills a healthy working environment for their employees, it most often times results in building an effective working relationship for a long period of time. This paper will analyze the key training criteria’s that focuses on large companies in the areas of their legal requirements, employee growth, and diversity. Legal Requirements There are many situations that can result in legal action taking toward an organization. Legal actions such as employees getting injured while performing their duties or during training, if a company fails to meet the training requirements, and if there is a leak with confidential information that pertains to an employee or the organization. It is imperative for a company to get permission when copying training material to avoid any copyright infringement which are subject to legal actions and punishable...
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...McCormack & McAuliffe v. Campus Crest Group, L.L.C. Elizabeth Braquet Gibson LeTourneau University Business Law – Sanders Heather McCormack & Nicole M. McAuliffe v. Campus Crest Group, L.L.C. (including business subsidiaries) United States District Court, W.D. North Carolina, Charlotte Division Campus Crest is a major developer in the United States that builds and manages multiple properties on College campuses throughout the country. The firm has locations and subsidiaries in numerous states and has seen its share of scandal during its duration. Heather McCormack (Plaintiff #1) was hired by Campus Crest in 2008 as an operations controller for Campus Crest. Later that same year, Ms. McCormack was promoted to the VP of Administrative Services and given a raise to $100,000 a year with an added bonus at the end of 2008 in the amount of $50,000. For several years the Plaintiff was exposed to unstable working environments, requests by upper management to falsify records, numerous accounts of racial discrimination against prospective employees and the sexual advances from a company official (VP, Sharpe). Ms. McCormack stated that while employed by Campus Trust Group, L.L.C. she was confronted on numerous occasions with hostile and discriminatory comments by the company’s executive vice president, Brian Sharpe. She stated the extreme unease she felt in the work environment due to these actions. Mr. Sharpe is quoted by coworkers as often making statements...
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...A sports bar named Reed Pierce’s bar in Jackson Mississippi had a case of pregnancy discrimination when they fired a waitress unfairly. Melody McKinley was four month pregnant when she was simply taken off the schedule. She was also told “the baby is taking its toll on you” ("U.s. Equal Employment Opportunity Commission", 2013). She had never asked to cutback on shifts and was also not under any medical restrictions while pregnant. The settlement was a two-year decree that required the bar to implement policies and training to prevent pregnancy discrimination and monetary relief for $20,000 for McKinley. Intesa Sanpaolo is a bank that operates in New York. Giuseppe had gone on FMLA leave do to many health issues including depression. After being on leave he for five months Intesa sent Giuseppe a letter asking if he was going to return to work or if he was going to abandon his position at the bank. The back received a letter from Giuseppe’s attorney stating that “has not at any time evinced or expressed an intention to 'abandon his position.' Rather, he has been sick and unable to work, with an uncertain prognosis and a return to work date that is indeterminate at this time” (Nowak, 2013). The bank then terminated Giuseppe’s employment. He later sued the bank and their response was that he requested an indefinite leave. They expressed that this was an accommodation, which was not required by the employer since it was an unreasonable request. Even though the New York law mentioned...
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...State of Confusion Paper BUS/415 There are several stages to a civil lawsuit. The first stage is Pleadings. This starts off with the original court documents and involves one party that files the complaint. These documents state the initial plaintiff’s argument or case against the other party, also known as the defendant. This allows the defendant to have knowledge of the plaintiff’s facts amid legal grounds of their claims. At times when suing another party they may arise to suing you back, if in that case such a situation occurs, you will then fight back in court while also trying to defend yourself. Then a counterclaim can be filed by the defendant if they have an independent claim against the plaintiff. The second stage is Discovery. This includes depositions which entails the parties of deposing or interviewing under oath before the start of the trial. There are a few types discovery. One is written discovery which has its own two forms; Interrogatories and Requests for admission. Interrogatories are the questions that in your own version of the claims. Requests of admission mainly ask the party to deny or admit to the facts stated in the claim. Penalties can come about if not answered, or answered if false manner. Discovery can also include subpoenas from the court ordering individuals or organizations to produce certain documentation, interview under oath, or answer any written questions which would be the second form of discovery. The third is depositions. This...
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...MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO PLAINTIFF’S MOTION TO DISMISS OR STAY OF A PERMANENT INJUNCTION I. INTRODUCTION This Memorandum of Points and Authority is submitted by Floyd Industries, LLC, and Sandra Floyd (herein collectively referred to as “Petitioners”) in opposition to Orin Rettick (“Rettick”)’s motion to dismiss, or in the alternative, for a stay of a permanent injunction filed by Petitioners in this Court. Petitioners request this Court to grant Petitioners’ request for a permanent injunction of Rettick’s claim in the Tribal Court of the Taraconic Tribe. The Tribal Court of the Taraconic Tribe does not have adjudicatory jurisdiction over Rettick’s tort claim a gainst P etitioners because neither Floyd Industries, LLC, nor Sandra Floyd are members of the Taraconic Tribe, because the fact that the clai m arose on tribal land is non-dispositive for jurisdiction, and because Rettick’s claim did not meet any of the ex ceptions for the general rule of limited exercise of inherent tribal power. Rettick’s claim did not meet the exceptions because his claim presents a simple torts claim that neither threatens the self -government of the tribe nor suggests the claim is contractual in nature. Because it is clear that the tribal court lacks jurisdiction over the claim, Petitioners request this Court to exercise jurisdiction over this case without waiting for exhaustion of claims in the tribal court. Accordingly, Petitioners request this Court...
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...Scenario 1 Quarterback vs Opposing Player The tort actions caused by the opposing player during the football game were intentional. The reason is because the opposing player did try to tackle the quarterback. The plaintiff in this case would be the quarterback. The opposing player would be the defendant because he is the person who intentionally tried to hit or tackle the quarterback. The quarterback has the right to sue the opposing player because the hit was an intentional battery. This claim will be difficult for the plaintiff to win in court because football is a dangerous sport that consists of many risks. Malik vs Quarterback Malik is the fan who got injured by ball that was thrown by the quarterback. Malik is considered to be the plaintiff while the defendant is the quarterback. The quarterback is the defendant because he unintentionally assaulted Malik. Malik will sue the quarterback because he was injured by the football. The quarterback in this case owed a duty of care to the plaintiff by carefully throwing or aiming the ball away from the stands. Malik vs Daniel Daniel got really upset at Malik because he spilled cold beer on his 8 year old son Ruben. Taking matters into his own hands, Daniel shoved Malik causing him to fall and hit the aisle steps, knocking out two front teeth. Malik will sue Daniel. In this case, Malik would be the plaintiff and Daniel would be the defendant because he intentionally used assault and battery through actual...
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...matters that involve private parties and organizations. An action by an individual against the attorney general is a civil matter, but if the state is represented by the attorney general or other agent from the state and takes action against an individual, this is no longer civil law but instead this is now public law. The objective of civil law differs from other law. Civil law attempts to right a wrong, settle a dispute, or honor an agreement. The victim is being compensated by the at-fault party, which is a legal alternative to, or civilized form of, revenge. There is often a pie of division and is allocated by the process of civil law, probably by invoking the doctrines of equity, in cases of an equity matter. Criminal lawsuits differ from civil lawsuits in that the criminal prosecutions are intended to convict and...
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...hitches was not made to create safer roadways. This was created to make each truck driver to stop upon entering the state, purchase the new hitch, and then continue onwards. Therefore this statute can be considered unconstitutional on the means of it being solely created to produce extra income for the state. The Commerce clause determines whether or not a federal statute in constitutional, as well as allowing Congress to regulate the clause based on the channels of interstate commerce, persons or things in interstate commerce, or activities that relate to the latter. Because the statute involves the highway commerce, the court must determine whether or not this law set up by Confusion has any validity. Tanya will most certainly win this lawsuit against the State of Confusion. Requiring a B-type hitch when...
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...write about anything they want, and it could be easy for them to change the minds of individuals on a certain situation or case. Everyone already knows that the internet articles and newspaper are the voice of the people, so when someone can be innocent can easily be viewed as a criminal. They usually value money more than public effect. “For example, if the press put up a story that is undermining the efficiency of the government, all the people will change their attitudes toward the government and they may feel totally exploited. This will cause a great drift in the economy of the country since many people will refuse to pay taxes.” “the press doesn’t have blanket immunity for its mistakes. But they get especially strong protection from lawsuits for libel and slander when they cover Public Figures.” There have also been many of cases were the press has lied and been sued but used the first amendment to get away with being charged with anything. “Florida Appeals Court Orders Akre-Wilson Must Pay Trial Costs for $24.3 Billion Fox Television; Couple Warns Journalists of Danger to Free Speech, Whistle Blower Protection” “Akre and Wilson sued the Fox station and on August 18, 2000, a Florida jury unanimously decided that Akre was wrongfully fired by Fox Television when she refused to broadcast (in the jury’s words) “a false, distorted or slanted story” about the widespread use of BGH in dairy cows. They further maintained that she deserved protection under Florida’s whistle blower law...
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...plaintiff, Stella Liebeck in much publicized lawsuit, “hot coffee case”. It is the social responsibility of the company to look into the agony faced by the consumers in relation to its product, and this is where McDonalds fall short. The incident: The accident took place on 27th February, 1992, in Albuquerque, when Stella Lei beck along with her grandson ordered a McBreakfast at McDonald’s drive-thru on the way home. She was in the passenger’s seat, during her attempt to add cream and sugar in the coffee, inside stationary car, the scalding coffee spilled onto her lap. McDonald’s coffee was exceedingly hot, around 170 degree against the industry standard of 120-130 degree, within three seconds it caused third-degree burns on Stella’s groin area. She suffered numerous torments both physical and mental in the course of recuperation which took almost two years. After two years Stella sent a letter explaining the incident to McDonalds, her intent was not to claim for compensatory damage or filing a lawsuit for it, but to admonish them against the repercussions of their dangerously hot coffee posed. Her polite request to lower the coffee temperature was in the public interest. Past Action: The accident was not first of its kind for the McDonalds and the management was well aware of the fact that the incident is in the capacity to produce a potential lawsuit. They’ve faced 700 instances of burns between 1982-1991 and many lawsuits which were settled out of court. They’ve even...
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...com/2011/03/22/nyregion/22appraisal.html?_r=1&scp=2&sq=breach%20of%20contract&st=cse | | | |(APA Style) | |COMMENTS – fully address all questions on the instruction sheet; add additional page if needed. | | | |1. Summarize the facts that occurred that led to a lawsuit. |...
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...through the state of Confusion they need to be equipped with a specific trailer hitch, which is made only in the state of Confusion. Tanya Trucker is frustrated because of the fact the Federal government has not been involved so far in regard to the state of Confusion obligating truckers to buy the required hitch or go around in which may cost more money than purchasing the required hitch. Why should the truck drivers buy a specific trailer hitch that the state of Confusion sells and requires no one knows if it is more secure than those already on the trucks. Tanya Trucker is weary of this outrage and wants for something to be done. Tanya Trucker has decided to file lawsuit against the state of Confusion to end this hitch dilemma and overturn the statute once and for all. In Tanya’s preparations to pursue this lawsuit she needs to first find what court will have the jurisdiction over the case. If Tanya Trucker case is strong enough she may file at the civil division of the state trial courts. The general jurisdiction trial courts would first hear testimony and seek any evidence presented that can determine the strength. If Tanya Trucker’s case would get thrown out she can seek her appeal in the Appellate Court System in which no further evidence can be brought in play and have the case reviewed thoroughly. This situation arises a question is the state of Confusion statute constitutional? I believe this Confusion statute is not constitutional because there is no federal...
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...Remedies: Breach of Contract Introduction There are various remedies available to an innocent party where there has been a breach of contract. The main remedy is damages, but in certain situations, equitable remedies are available. 1. Unliquidated Damages Unliquidated damages are assessed by the court and are designed to compensate the innocent party for any losses incurred as a result of a breach of contract. However, where loss can not be proved, the innocent party will only be entitled to claim nominal damages. In the case of Surrey CC v Bredero Homes (1993), damages were not awarded defendant who had failed to comply with planning permission because the council had not suffered any loss. This can be contrasted with the case of Chaplin v Hicks (1911) where the court awarded damages to the claimant for the loss of a chance to win a competition. Unliquidated damages are not a means by which to punish the defendant and punitive damages will not be awarded for a breach of contract. They are also not a way to recover any gain made by the defendant as a result of a breach. Loss includes any harm or damage to the claimant themselves or any of their property, including any reduction of value of such property caused by the breach of contract. However, in calculating the loss and awarding damages, if the claimant has obtained any benefit from the breach the court will not usually allow the claimant to be put in a better position than they would have been had the breach not occurred...
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