...SB 798 prohibits the sale and manufacture of BB guns and imitation firearms unless the entire exterior surface is painted in bright neon colours. This Californian bill was amended on April 13th 2011 by Californian Senator, De León. The purpose behind this bill is to protect Californians, especially accidental shooting of residents from law enforcements due to fake firearms which are indistinguishable from real guns. However, SB 798 will not make California safer and will do more harm than good. Airsoft guns are not toys in any way, shape or form. Airsoft guns are firearm replicas on a 1:1 scaling ratio and almost indistinguishable as fake firearms by appearance. The current law prohibits the sale of airsoft guns to minors unless accompanied by a parent or guardian, as airsoft guns require the same care and handling as if they were real firearms. Airsoft guns are designed to discharge non-metallic BBs six millimeters in diameter, which weigh between 0.2 to 0.4 grams. However most airsoft guns are high powered and are capable of firing at a velocity between 300 to 500 feet per second. Improper firing of such high powered airsoft guns can result in serious bruises, knocking out of tooth and even penetration of skin. Painting airsoft guns in bright neon colours will give the impression to parents that they are toys and therefore suitable for children. This will cause more harm as more airsoft guns will become more available to children. Whether painted or not, airsoft guns should...
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...NewCorp Legal Scenarios Employment laws and regulation are created to protect the rights of employers and employees. The relation between employer and employee creates a variety risks that affects both parties. Businesses have to analyze the consequences of dismissing an employee, and take the appropriate measures to prevent legal issues; however, some agents are not aware of employment regulations and make decisions that violate the rights of employees, which create big risks for the organization. This context consists of legal encounters involve NewCorp; as an employee of the company, one is require to provide an assessment to latter refer matters to an attorney to save money on legal advice, and have a brief answer to the questions asked in each encounter. Legal Encounter 1 What liabilities and rights do NewCorp and Pat have in this situation? NewCorp have the rights to dismiss an employee at will; however, the company can be liable of wrongful discharge. Pat has the right to know the indication of the problem and to a corrective plan to improve his deficiencies before he is dismiss. What legal principles, such as statutory or case law, support those liabilities and rights? Employment at will is a doctrine supported by statutory law, and wrongful discharge is supported by case law. NewCorp hire Pat as a manager, Pat signed an agreement that show his understanding that NewCorp observed employment at will and it can discharge anyone without a motive; however, part of...
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...NewCorp Scenarios Legal Brief Adriana Astte Carolina Mercado Liliana Mejia Rodriguez LAWP/531 March 28, 2013 Professor Ken Marc NewCorp Scenarios Legal Brief Legal Encounter 1 What liabilities and rights do NewCorp and Pat have in this situation? What legal principles, such as statutory or case law, support those liabilities and rights? Liabilities include: wrongful termination, a breach of contract, and freedom of speech violation. Issue: NewCorp fired Pat without notice of unsatisfactory performance after being vocal at the local school board meeting. Explanation: Vermont is an at-will state; therefore Pat is an at-will employee giving NewCorp the right to fire Pat. That means that employees can leave the employment or be terminated without reason. However, according to Kohn (2012), the at-will doctrine applies “only in cases where there is no oral or written contract for an ascertainable or definite term of employment.” NewCorp’s personnel manual included a section on unsatisfactory performance. Pat signed the contract to show understanding of the policies. Pat also acknowledged that if performance was poor, Pat would have a chance to improve by being placed on a corrective action plan. This contract implied that if any employee was not meeting expectations would have a chance to develop. Given the situation that Pat and the family had just relocated from another city implies that NewCorp would have covenant of good faith which “limits employer...
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...specifies duties and responsibilities on both sides. NewCorp and its employees have an agency relationship, which NewCorp is the principal and the employees are the agents. NewCorp currently faces three encounters. In lieu of obtaining legal advice, NewCorp has requested Team C to make the following assessments regarding the legal risks and opportunities involved in these three legal encounters. The assessments will include the liabilities from NewCorp’s perspective as well as the employee’s perspective along with the regulatory and compliance requirements. The assessments will also reference some of the legal principles in this week’s reading materials that support our decisions. Legal Risk and Opportunity in Employment Encounter 1 NewCorp hired Pat as a manager of real property, which includes responsibilities for the activities related to maintaining leased office space in Vermont. Upon employment, he signed an understanding that the company observed employment “at will” in respect to discharge. He was also given an employee handbook that outlined the company’s process for dealing with unsatisfactory employees, which stated that an employee would be notified of unsatisfactory performance and placed on a corrective action plan. If the employee’s performance did not improve to a satisfactory level within the specified time frame, the employee could be terminated. After three months of employment with NewCorp, Pat’s boss explained to him things were not working...
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...University of Phoenix Material NewCorp Legal Scenarios The following legal encounters involve NewCorp, your employer. You are required to provide a brief answer to questions asked at the end of each encounter. Your supervisor expects a substantive answer, not a recommendation to refer matters to an attorney. Your supervisor does not want to spend money on legal advice until after you provide an assessment. Legal Encounter 1 NewCorp hired Pat as manager of real property in Vermont. This position is responsible for activities related to maintaining leased office space. Pat supervised 51 employees and lower-level supervisors, and he dealt with tenants who leased commercial space. Pat relocated from another city 300 miles away, moved his family, and sold and bought a home. His wife quit her job to seek employment in Vermont. After Pat worked for three months with NewCorp, his supervisor explained that things were not working out and that Pat would be discharged with 30 days of severance pay. Pat was surprised because his employer gave no previous indication of any problem. NewCorp’s personnel manual, which had been provided to Pat upon his acceptance of employment, outlined the process for dealing with unsatisfactory employees: Notice of Unsatisfactory Performance/Corrective Action Plan If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a corrective action plan. If the employee’s performance...
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...Sandra Allen NewCorp Legal Scenarios 4/2/2012 Trina Eaddy Many legal issues can occur when hiring a new employee and not giving them all the information that is required by law. All information needs to be in clear detail and must be understood by the new employee. When a manager presents the information clearly, he or she is helping to prevent legal issues in the future. In this paper I will be talking about three different legal encounters. In each scenario I will be talking about what legal issues could happen in each one. Legal Encounter 1 There are some liabilities and rights that both NewCorp and Pat have in this scenario. If Pat decides takes action against NewCorp for terminating him, he cannot use employee at-will. At-will employment means that companies and employees can break employment without liability under the American law. Pat looked at his personnel manual that deals with unsatisfactory employees. In this manual it states that that no employee can be terminated until they are notified of the deficiency and then placed on an action plan. However, since NewCorp personnel manual states this information NewCorp could be looking at a law suit from Pat for termination. Legal Encounter 2 This scenario is shows sexual harassment is happening at NewCorp. This scenario is in violation of Title VI of the Civil Rights Act of 1964. When people work together he or she should not get involved with anyone he or she works with. Supervisors should not get involved...
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...NewCorp Scenarios Legal Brief Many organizations in the United States of America do not have the budget for staff counsel within their company. NewCorp is a business that has found themselves in legal matters and is seeking an assessment on ways to handle these circumstances from a consultant in the organization before refering matters to an attorney and incur costs. This assignment reviews three scenarios involving NewCorp. We will examine liabilities the organization and complainant are subject to as well as any statutory or case laws relevant to support the findings. Legal Scenario One Legal scenario one explains that NewCorp relocated an employee named Pat to manage the real property division of the business. After 90 days of employment NewCorp determined that Pat was not an appropriate fit for the position and terminated him with 30 days of severance pay. Pat feels as though he was wronged because he was not given the opportunity to improve through a corrective action plan as promised upon hire. Because of this, Pat believes that NewCorp should not be able to discharge him at will and believed that this action was taking place because of statements made outside the workplace. NewCorp and Pat both have rights in this scenario. Fortunately for NewCorp they are located in Vermont that is considered an “at will” state. This means that an employer can terminate an employee for any reason at any time as long as it does not relate to a Title VII protected class that includes...
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...Legal Risk and Opportunity in Employment Tester Pester LAW/531 November 7, 2010 Lame Duck Abstract This paper analyzes the legal principles and remedies behind the three scenarios described in the simulation. Legal Risk and Opportunity in Employment Legal Encounter One NewCorp hired Pat Grey as a property manager. NewCorp fired Pat after three months. Pat thinks it is not related to performance but other outside issues. NewCorp maintains that it is not working out with Pat, so he is let go. Legal Issues 1. Doctrine of promissory estoppels. 2. At-will Employment. Vermont is an “at will state.” According to the definition of “at will” on the Department Of Labor, Vermont, (n.d) website, An employer may terminate an employee for any reason as long as it is not one of the protect classes e.g.: race, color, national origin, religion, sex, age or mental, or physical disability. NewCorp has not terminated Pat for any of these reasons. Retaliation or discrimination against employees or applicants who have alleged employment discrimination is unlawful (Cheeseman, 2010). Pat has not made any employment discriminations complaints. Pat has also acknowledged signing a statement of employment at-will so he should be aware that he can be let go anytime for no reason. Pat can still establish a claim for wrongful termination under promissory estoppels. He will have to prove the termination breached a specific promise made by NewCorp (Cheeseman, 2010). According...
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...Legal Risk and Opportunity in Employment Tester Pester LAW/531 November 7, 2010 Lame Duck Abstract This paper analyzes the legal principles and remedies behind the three scenarios described in the simulation. Legal Risk and Opportunity in Employment Legal Encounter One NewCorp hired Pat Grey as a property manager. NewCorp fired Pat after three months. Pat thinks it is not related to performance but other outside issues. NewCorp maintains that it is not working out with Pat, so he is let go. Legal Issues 1. Doctrine of promissory estoppels. 2. At-will Employment. Vermont is an “at will state.” According to the definition of “at will” on the Department Of Labor, Vermont, (n.d) website, An employer may terminate an employee for any reason as long as it is not one of the protect classes e.g.: race, color, national origin, religion, sex, age or mental, or physical disability. NewCorp has not terminated Pat for any of these reasons. Retaliation or discrimination against employees or applicants who have alleged employment discrimination is unlawful (Cheeseman, 2010). Pat has not made any employment discriminations complaints. Pat has also acknowledged signing a statement of employment at-will so he should be aware that he can be let go anytime for no reason. Pat can still establish a claim for wrongful termination under promissory estoppels. He will have to prove the termination breached a specific promise made by NewCorp (Cheeseman, 2010). According...
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...Legal Risk and Opportunity in Employment The following assessment will discuss legal risks and opportunities involves in three NewCorp legal encounters. The decision for each counter will be supported by legal principles from management of employee conduct and employment discrimination (Jennings, M. M, 2006). In Legal Encounter 1, In a principal and agent relationship, NewCorp exercises a great deal of control over Pat Grey. Pat is in high level of supervision and control. His scope of employment is about three months. NewCorp’s liabilities and risks: If Pat Grey’s contract is writing, the authority of discharge must be in writing. In this case, the discharge order gave by oral instead of writing. Pat informed upon his employment, he signed and understood that NewCorp observed employment at will. This provides the right for NewCorp to terminate Pat Frey’s employment even Pat is a contract employee. Pat Grey’s boss informed Pat about his term of leaving without any indication of his deficiency or clear business-related reasons for this dismissal. At same time Corrective Action Plan (CAP) was not in place. This action did not following NewCorp’s personnel Manual. This is potentially considered as a wrongful discharge suit. Pat Grey risks and opportunities: Pat understood the employment at will upon his employment. He believed his unpopular behavior in school broad meeting contributed to the NewCorp decision to discharge him . Since on formal business related notice...
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...NewCorp Scenarios Legal Brief Three legal encounters that NewCorp is contending with are unsatisfactory performance and corrective action plan, sexual harassment and discrimination, and Occupational Safety and Health Administration (OSHA) compliance Legal Encounter 1 NewCorp hired Pat in Vermont causing Vermont state law to apply to this legal encounter. NewCorp had Pat sign a document stating that NewCorp must issue a corrective action plan but failed to uphold this contract by eliminating him from position with 30 days of severance pay. Pat feels he was wrongfully discharged because his supervisor had a different view on a school panel board but Pat claims needs to be supported by the termination papers that were filed in the human resources department. Vermont is an at-will state which means that an employee can be terminated for any reason, at any time. However, the document that Pat signed is an enforceable contract that the state will deem enforceable for Pat’s benefit (Kohn, 2008). Pat will be given his managerial position with NewCorp and will be placed on corrective action as outlined in the document both NewCorp and Pat signed. To help protect NewCorp from further issues, managers and supervisors should turn in written documentations of coaching’s conversations and corrective action that is signed by the employee to show that NewCorp have done everything in their power to protect their employees before termination is a necessary option. Legal Encounter 2 ...
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...Run the “Business Regulation” Simulation. Develop a 1,400-1,800-word paper (including tables) in which you do the following: a. Identify the key facts, regulations, and legal issues in the simulation. b. Based on the simulation, identify several of Alumina’s values and stakeholders. What are the conflicts among the competing stakeholders, and how does this constitute an ethical dilemma? c. Analyze risks presented. Considering alternatives not contained in the simulation, recommend a solution for Alumina and evaluate it in the context of Alumina’s legal position. Justify your recommended solution. d. How well does your recommended solution address the ethical dilemma identified in item b? How well does it align with Alumina’s values? Learning Objectives See Week 3 objectives listed in the rEsource material or module. Required Reading Read the materials for Week 3 on your rEsourceSM course page. Read Ch. 7, 13, 14, 15, and 17 of Business: Its Legal, Ethical, and Global Environment. Assignments Run the “Contract Creation and Management” Simulation on your own before meeting with your Learning Team. Identify the elements of a contract and specify where (or if) they are present in the simulation. For purposes of helping you to analyze the assignment, divide the Learning Team into two sides, one representing the party needing the software and the other representing the party designing the software. Each party should identify...
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...NewCorp Scenarios Legal Brief LAW 531 April 16, 2012 NewCorp Scenarios Legal Brief Question 1: What liabilities and rights do NewCorp and Pat have in this situation? What legal principles, such as statutory or case law, support those liabilities and rights? Answer: State of Vermont is an “at-will” employment state. The definition of “at-will” means the employer or employee can terminate the contract at any time without liability to other party. This gives NewCorp the right to fire, hire, or terminate for any or no reason as long as it is not illegal. When the employer terminates the contract it is a revocation of authority and when the employee terminates the contract it is renunciation of authority. NewCorp used revocation of authority to discharge Pat and did not violate any rights. Pat acknowledged that the contract he signed clearly said that NewCorp observed employment at will with respect to discharge. Written employment agreements are always enforceable in the court of law (Cheeseman, H. (2010). On the other hand when Pat signed and accepted employment he received the NewCorp personnel manual. In the manual he found that NewCorp has the policy or process in place for dealing with unsatisfactory employees. This gives Pat an implied impression that NewCorp “at-will” policy is limited. If Pat gets legal help and shows that he relied on the provision of the manual in continuing his employment with company or that the law of promissory estoppel applies, Pat could...
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...Legal Risk and Opportunity in Employment Law 531 Charles Cook February 7, 2011 Legal Risk and Opportunity in Employment Legal Encounter 1 NewCorp violated a breach of contract with Pat in this case. While NewCorp is an “at-will” employer, they provided an employee handbook to Pat which outlined the procedure for disciplinary process involving the requirement of corrective action. NewCorp failed to follow their own process which supports the wrongful termination suit. Additionally, the case law which would be applicable to this case is Dillon v. Champion Jogbra, Inc. The case has many similarities which can support Pat's claim of wrongful discharge. For example, the implied contract relating to the action stated within the employee handbook to follow a procedure for discipline and/or corrective action prior to discharge. Because NewCorp did not imply that the employee handbook was not a contract at any point within the handbook. Therefore, Pat has grounds for action against NewCorp. Legal Encounter 2 NewCorp has two issues to face in this scenario. The first being the sexual harassment by Sam toward Paula. Sexual harassment is “defined by the Equal Employment Opportunity Commission (EEOC) as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or submission to or rejection of the conduct...
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...Legal Encounter 1: Newcorp hired Pat Grey as manager of real property for Newcorp in Vermont, responsible for activities related to maintaining leased office space. In that role, Pat supervised 51 employees and lower-level supervisors, and dealt with tenants who leased commercial space. For the job, Pat relocated from another city 300 miles away, moving his spouse and children, selling and buying a home, and dealing with a spouse having to quit her job to seek employment in the new state. After Pat had been on the job for three months, his boss explained that things did not seem to be working out, and said that Pat would be discharged with 30 days severance pay. Pat was surprised because his employer gave no indication of any problem on the job. Newcorp's Personnel Manual, which had been provided to Pat upon his acceptance of employment, outlined the process for dealing with unsatisfactory employees: Notice of Unsatisfactory Performance/Corrective Action Plan If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a Corrective Action Plan (CAP). If the employee performance does not improve to a satisfactory level within the specified period of time, termination will follow. Pat acknowledged that upon employment, he signed an understanding that the company observed employment at will with respect to employment and discharge, but believed that the above provision limited Newcorp's freedom to fire him...
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