...Assignment #1 – Davis v. The Board of County Commissioner of Doña Ana County Lisa Auvil January 22, 2012 Business Employment Law - HRM 510 Dr. Zelphia A. Brown, SPHR, Instructor Assignment #1 – Davis v. The Board of County Commissioner of Doña Ana County 1. What is the legal issue in this case? The legal issue in this case is negligent referral (Walsh p 148). Negligent referral is when a former employer gives a positive recommendation that leads to half-truths with regards to the character of a former employee. Liability may be imposed if the referral leads to foreseeable and considerable risk or harm to a third party (McCord 1999). Mesilla Valley Hospital (MVH), a psychiatric hospital in Doña Ana County hired Joseph Herrera (Herrera) as a mental health technician on January 20, 1995. Prior to his employment with MVH Herrera was a detention sergeant and classification officer at Doña Ana County Detention Center (Detention Center). According to the plaintiff Herrera was hired by MVH based on the unqualified favorable recommendations from his former Detention Center Supervisors Frank Steele and Al Mochen. The accuracy of these recommendations is the crux of the Plaintiff’s suit against the County ("Davis v. the," 1999). 2. Why does the court conclude that Doña Ana County could be held liable for negligent referral (misrepresentation)? While employed at the Detention Center in 1993 a female inmate alleged that Herrera had sexually harassed her...
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...Davis v. The Board of County Commissioners of Doña Ana County January 23, 2011 1. What was the legal issue in this case? The legal issue in the case of Davis v. The Board of County Commissioners of Doña Ana County involved acts of ill-will which could have been avoided. While employed as a detention officer at the Dona Ana County Detention Center, Joseph Herrera, was accused of unsuitable sexual behavior with female prison inmates and of exchanging favors for sex acts. Herrera’s supervisor, Frank Steele, investigated the charges and advised Herrera that he would be reprimanded. Herrera resigned to avoid disciplinary action. Six days later, Steele wrote a recommendation letter on Herrera’s behalf that portrayed him as an “excellent employee” and told prospective employers: “I am confident that you would find [Herrera] to be an excellent employee.” (Walsh, 2010, p.149). Also, constructive verbal references were made by another Detention Center supervisor. Plaintiff sued the County for negligent misrepresentation alleging that the misinformation provided by the Detention Center employees, Steele and Mochen, actually caused Herrera to be hired at MVH and Plaintiff to be assaulted. 2. Why does the court conclude that Doña Ana County could be held liable for negligent referral (misrepresentation)? The court concludes that Doña Ana County could be held liable for negligent referral (misrepresentation) because of the positive references. Herrera acquired a position...
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...Assignment #1 Davis V. The Board of County Commissioners of Dona Ana Country Kendra Dailey Dr. Edward Sherbert HRM 510 April 28, 2013 What was the legal issue in this case? The legal issue pertaining to the case of Davis v. The Board of County Commissioners of Dona Ana County which could have been prevented through the act of ill will. Joseph Herrera was a detention officer at the Dona Ana County Detention Center in which he was accused of inappropriate sexual behavior with a female prisoner and in exchange for sexual favors. Knowing that Joseph Herrera had the potential of committing a crime but not stopping the act is just as guilty as the person that has committed the crime, with this case an employer owes prospective employers and foreseeable third persons a duty of reasonable care not to misrepresent material facts in the course of making an employment about Joseph Herrera. After resigning from the Dona Ana County Detention Center the director Frank Steele and Assistant director Al Mochen which were Joseph Herrera supervisors gave a positive recognition to the Mesilla Valley Hospital, in which he was hired as a mental health technician. Mariah C. Davis (plaintiff) was convinced that due to untruthful information provided by Steele and Mochen he was able to get employed at the hospital. In my opinion this case is very interesting and brought forth valid points with the case. It also raises the question of us being citizens of the United States are we responsible...
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...Assignment #1 Davis V. The Board of County Commissioners of Dona Ana Country Keidra Dailey Dr. Edward Sherbert HRM 510 April 28, 2013 What was the legal issue in this case? The legal issue pertaining to the case of Davis v. The Board of County Commissioners of Dona Ana County which could have been prevented through the act of ill will. Joseph Herrera was a detention officer at the Dona Ana County Detention Center in which he was accused of inappropriate sexual behavior with a female prisoner and in exchange for sexual favors. Knowing that Joseph Herrera had the potential of committing a crime but not stopping the act is just as guilty as the person that has committed the crime, with this case an employer owes prospective employers and foreseeable third persons a duty of reasonable care not to misrepresent material facts in the course of making an employment about Joseph Herrera. After resigning from the Dona Ana County Detention Center the director Frank Steele and Assistant director Al Mochen which were Joseph Herrera supervisors gave a positive recognition to the Mesilla Valley Hospital, in which he was hired as a mental health technician. Mariah C. Davis (plaintiff) was convinced that due to untruthful information provided by Steele and Mochen he was able to get employed at the hospital. In my opinion this case is very interesting and brought forth valid points with the case. It also raises the question of us being citizens of the United States are we responsible...
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...What was the legal issue in this case? The legal issue in the case of Davis v. The Board of County Commissioners of Doña Ana County involves whether a person making a recommendation to a prospective employer of another is bound by the actions of the said employee. The case involves a positive, but inaccurate, recommendation of Joseph “Tinie” Herrera as an employee of high character and standards. Herrera had previously been employed at the Dona Ana County Detention Center where his conduct had been under question. He had been under investigation for using his authority as detention sergeant and classification officer to sexually harass female inmates at the detention center. Herrera was accused, in a report authored by Steele, of using his authority over the girls to get sex in exchange for personal favors for them. As Herrera’s immediate supervisor, part of Steele’s job included recommending discipline. His choice would include suspension without pay, demotion in rank, and a possible reassignment away from his accusers. Herrera was informed by Steele on April 5, 1994 that on April 12 he would make these recommendations. Herra resigned before the recommended punishment could take place. However, six days after the resignation, Steele wrote a very impressive, but inaccurate, recommendation to a perspective employer of Herrea. In the letter, he stated how Herrera implemented social programs for the inmates with “imagination and imagination.” (Walsh, 2010) He went...
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...by any means, or stored in a database or retrieval system, without the prior written consent of The McGraw-Hill Companies, Inc., including, but not limited to, in any network or other electronic storage or transmission, or broadcast for distance learning. Some ancillaries, including electronic and print components, may not be available to customers outside the United States. This book is printed on acid-free paper. 1234567890 QFR/QFR 10987654321 ISBN: 978-0-07-340696-1 MHID: 0-07-340696-1 Vice President & Editor-in-Chief: Michael Ryan Vice President EDP/Central Publishing Services: Kimberly Meriwether David Publisher: Christopher Freitag Sponsoring Editor: Matthew Busbridge Executive Marketing Manager: Pamela S. Cooper Editorial Coordinator: Nikki Weissman Project Manager: Erin Melloy Design Coordinator: Margarite Reynolds Cover Designer: Carole Lawson Cover Image: Albert Bierstadt, American (born in Germany), 1830–1902 Valley of the Yosemite, 1864 (detail) Oil on paperboard 30.16 × 48.89 cm (11 7/8 × 19 1/4 in.) Museum of Fine Arts, BostonGift of Martha C. Karolik for the M. and M. Karolik Collection of American Paintings, 1815–1865 47.1236 Buyer: Susan K. Culbertson Media Project Manager: Sridevi Palani Compositor: MPS Limited, a Macmillan Company Typeface: 10.5/12 Times Roman...
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...62118 0/nm 1/n1 2/nm 3/nm 4/nm 5/nm 6/nm 7/nm 8/nm 9/nm 1990s 0th/pt 1st/p 1th/tc 2nd/p 2th/tc 3rd/p 3th/tc 4th/pt 5th/pt 6th/pt 7th/pt 8th/pt 9th/pt 0s/pt a A AA AAA Aachen/M aardvark/SM Aaren/M Aarhus/M Aarika/M Aaron/M AB aback abacus/SM abaft Abagael/M Abagail/M abalone/SM abandoner/M abandon/LGDRS abandonment/SM abase/LGDSR abasement/S abaser/M abashed/UY abashment/MS abash/SDLG abate/DSRLG abated/U abatement/MS abater/M abattoir/SM Abba/M Abbe/M abbé/S abbess/SM Abbey/M abbey/MS Abbie/M Abbi/M Abbot/M abbot/MS Abbott/M abbr abbrev abbreviated/UA abbreviates/A abbreviate/XDSNG abbreviating/A abbreviation/M Abbye/M Abby/M ABC/M Abdel/M abdicate/NGDSX abdication/M abdomen/SM abdominal/YS abduct/DGS abduction/SM abductor/SM Abdul/M ab/DY abeam Abelard/M Abel/M Abelson/M Abe/M Aberdeen/M Abernathy/M aberrant/YS aberrational aberration/SM abet/S abetted abetting abettor/SM Abeu/M abeyance/MS abeyant Abey/M abhorred abhorrence/MS abhorrent/Y abhorrer/M abhorring abhor/S abidance/MS abide/JGSR abider/M abiding/Y Abidjan/M Abie/M Abigael/M Abigail/M Abigale/M Abilene/M ability/IMES abjection/MS abjectness/SM abject/SGPDY abjuration/SM abjuratory abjurer/M abjure/ZGSRD ablate/VGNSDX ablation/M ablative/SY ablaze abler/E ables/E ablest able/U abloom ablution/MS Ab/M ABM/S abnegate/NGSDX abnegation/M Abner/M abnormality/SM abnormal/SY aboard ...
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