...Legal Encounters LaTausha Freeman Law/531 December 10, 2012 Lillian Watson Legal Encounters This paper will answer questions posed during employment legal encounters based on law requirements to indicate liability and ramifications associated based on the scenario. Legal Encounter 1 Cheeseman outlines that employment is subject to the common law of contracts (2010). Pat entered into an agreement with NewCorp for employment; acting on the premise that NewCorp would uphold all terms of the employment agreement, made major personal and financial changes to be available for employment at the assigned duty location. Although Pat signed a document acknowledging his understanding that NewCorp had the freedom to discharge at will—Pats supervisor told Pat he was being discharged because “things weren’t working out”. NewCorp did not follow company procedure to notify Pat of unsatisfactory performance and neglected to offer a Corrective Action Plan. NewCorp, having a signed copy of the discharge at will document, could argue that the company was not required to offer Pat notification or the opportunity to follow the Corrective Action Plan process. An important factor in this instance is the implication that Pat is being released based on unsatisfactory performance. NewCorp is terminating the employment contract without complying with all clauses of the employment contract and as a result Pat is taking a financial loss. Additionally, an employer under the Plant...
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...Legal Encounter 2 Sam's conduct is an example of a sexual harassment which raises the possibility of quid pro quo suit, where an employee is required to submit to sexual advances in order to remain employed, or secure a promotion or a raise. His conduct has made NewCorp also liable for an atmosphere- of-harassment case, in which the invitations, language, pictures, or suggestions become so pervasive that they create a hostile work environment (Jennings, 2006). In 1986 the Supreme Court ruled that sexual harassment was actionable under Title VII of the Civil Rights Act of 1964. The Supreme Court in Harris v. Forklift Systems, Inc., in 1993 made it easier for plaintiffs suing for sexual harassment by ruling that they were not required to prove that any abusive conduct actually caused an injury or affected the person's psychological well-being. Attorneys for such plaintiffs now only have to prove that a "reasonable person" would have found the conduct to be offensive to win their case (Sack, 1998). Thus Sam's behavior which created a hostile working environment for Paula put NewCorp at risk of sexual harassment lawsuit from Paula. Sam's later action of blocking Paula's transfer, if deemed that he took it as an agent of NewCorp and especially in a supervisory role, made NewCorp further liable for violating the Pregnancy Discrimination Act (PDA). The PDA is a statute passed in 1978 that amended Title VII, the central federal anti-discrimination statute. Later in 1991 in the...
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...Legal Encounters Legal Encounters In week five Team C examined three scenarios in which a company, NewCorp may or may not have done something illegal. The scenarios were examined and the results written to be handed to management to make a decision on a course of action. The team was responsible for providing management of any potential breaches of law that may have occurred. Legal Encounter One Pat has the right to ask for the reason he is being let go. However, NewCorp does not have to divulge this information because they are an at will employment company. NewCorp, does no t have to tell why Pat is being let go, and it is in their best interest to protect that information. However, if NewCorp at any time told Pat the reason for the termination was related to performance they are liable to uphold the " Notice of Unsatisfactory Performance/Corrective Action Plan." By giving Pat a company document that stated: " 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 does not improve to a satisfactory level in the specified time period, termination will follow." NewCorp has entered into a contract to do just that. This is protected under the contract law, which states "A contract is a legally enforceable promise" (“Breach of Contract Law & Legal Definition,” 2012) in the event of a breach of contract a civil case can be brought...
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...Legal Encounter Two In this legal encounter, Sam displayed unwelcome behaviors toward Paula, after she ended his and her relationship. Paula has asked Sam to stop the unwelcome behavior, but Sam continued. Sam’s behavior could be considered as sexual harassment that can expose NewCorp Company to a sexual harassment lawsuit. According to the Civil Rights Act of 1994 prohibits job discrimination determine by gender. The Civil Rights Act improves the Equal Employment Opportunity Commission rules, and court decisions prohibit employment discrimination based on sexual orientation, gender, and pregnancy. Also sexual harassment is prohibited. In this case, Sam stops Paula’s transfer, stating that working in the wire-coating department could harm Paula if she became pregnant. If Paula was already pregnant at the time of requesting her transfer, the opposition to the transfer could be legitimate on the basis of the bona fide occupational qualification, assuming working in the wire-coating department could be hazardous to Paula fetus and may cause birth defect to her infant. To be legal a bona fide occupational qualification must be job related and business necessity. Although Paula is not expecting a baby at this time, therefore NewCorp Company could use bona fide occupational qualification to justify the opposition to her transfer. Paula may believe that Sam’s decision to prevent her transfer is wrongfully exercising his authority and seeking retaliation against her...
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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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...employed, or in cases of promotions or raises (Cheeseman, 2010). Sam acted as an agent of NewCorp and prevented the transfer of Paula stating that her transfer might later become a liability on the NewCorp is Paula was to get pregnant. Sam made an assumption based on the gender of Paula and not on facts. By Sam taking such approached Sam once more violated Paula's rights and disregarded the Pregnancy Discrimination Act under the discriminatory statue in title VII. For thus discussed above Newcorp actions need to make reflect training for all supervisors and employees, also should reflect an added security that no employee will ever be sexually harassed again, or their rights violated under title VII. In the case of NewCorp some of the legal issues presented are (1) Sexual harassment, unwelcome sexual advances, invitations, language, and pictures. Making the work environment hostile for Paula to work in. (2) Quid pro quo, in which Sam used to maintain power over Paula after the broken...
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...Feedforward interview is a tool that is used by the supervisor and the employee together in order to identify the behaviors and skills that an employee possess in an effort to gain the best performance from the employee (Agiunis, 2013). Feedforward interviewing is a great tool that allows the management and employee to work together to figure out what the employee is excelling at and what areas need improvement. In my opinion, this type of interview promotes unification and team work in an effort to enhance and promote the best possible employee performance level of all employees. The feedforward interview is composed of three steps: producing a success story, identifying success factors, and using the past to forecast the future (Aguinis,...
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...------------------------------------------------- We want our staff to be courteous and to acknowledge members who approach them as well as dress appropriately; Shirt, nametag, and closed toed (and heeled) shoes. Yes | No | X | | X | | X | | X | | X | | 3. Were you acknowledged (verbally/non-verbally) when you approached the staff? 4. Was the employee wearing an A.S. name badge? 5. Was the employee wearing a uniform? 6. Were you greeted promptly? 7. When leaving from the encounter, did the employee acknowledge you? 8. If you answered no to any of the questions above, please describe the situation below: ------------------------------------------------- We expect: open posture (unfolded arms, standing up while talking, and visibility; no slouching), smile, eye contact, no sarcasm, no inappropriate conversations, no cell phone usage, and undivided attention from staff during encounters with our members. * Did the...
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...Essential Guidelines for the Servant Evangelism Projects & Report How to do the servant evangelism project 1. This Servant Evangelism Report must document TWO true, face-to-face encounters a. (not a virtual encounter – via www, email, IM etc) with unbeliever in a setting in which you served them unconditionally. The servant evangelism encounter must take place within the semester that the student is enrolled in this particular course. 2. The three P’s to Servant Evangelism- b. P- PERSONAL: These 2 encounters must be personal- face to face- encounters done within this semester. c. P- PRACTICAL/PHYSICAL: In both of these encounters you must meet the physical needs of another individual. Even though prayer, and bible study are essential to the Christian life and growth. These are unacceptable forms of servant evangelism and do not meet the requirements of this assignment. This assignment is for you to meet the physical needs of another individual (Matthew 25:31-46; James 2:14-20). (SEE end of document for a list approved, and unacceptable Servant Evangelism projects.) d. P- PENNILESS: In both of these servant evangelism encounters you may not receive money for your work. This must be a free service to those you are serving. NOTE: All servant Evangelism Papers will be graded by the 3-P system (see above). If your assignment does not fulfill the three P’s it will receive a grade deduction. 3. The point of the service...
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...friendly, well dressed and approachable, which contributed to a relaxed environment. The setting of the meeting room was busy and kept the consumer’s mind occupied whilst they waited for the tour to begin. This helped detract from the issue of the tour starting later than the proposed time. With a contemporary design, the room was appealing to the consumer aesthetically and helped build a positive insight as to the quality which could be expected from the tour. A successful blueprint of the service was clear as both customer A and B knew what part they played during the encounter. Such factors included marking yellow pathways on the roads between buildings for the customer to stay within for their safety as well as providing hair nets and high vis vests for health and safety. A leader follower relationship was adopted in this tour, meaning that the consumer relied on the guide largely for the encounter to be a success. In the case for tennents, this relationship was successful due to the educational and interesting tour provided by our guide. In a way, it is crucial that this intangible element is carried out to a high standard as the...
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...Florentine Codex Translation The Florentine Codex has four version available to read. The original Nahuatl version, Spanish, English from spanish translation, and the new English from Nahuatl translation. Among these four versions, they both discuss the same story line without much variation. But it's the small differences in the Old vs New English that create interesting difference that change certain details and emotions. The new direct Nahuatl translation is of course the more true and preferred version for accurate information. But between these two versions you can see the errors that are constantly being made and the pieces of information that are essentially lost in translation. This can as well compel other historians to revise translations of other important historical documents seeing what type of mistakes and miscommunications can be possible. One of the small details that was found different was about the status of the nobility versus Montezuma, specifically the event where they all meet the new coming Spaniards. In the older English version, is just mentions the nobility alongside Montezuma. This can be misinterpreted as the nobility and Montezuma are of equal ranking with no one being on top of each other on the hierarchy scale. Thanks to the new English version, there is a clarification made that when they all meet the Spaniards, it's Montezuma and Montezuma's rulers and nobles. This adds a new possessive detail in which Montezuma essentially controls these...
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...have supposedly seen something out of the ordinary. There have been reports of unidentified flying objects (UFOs) all over the world and even reports of people being abducted by strange beings. Are people making all this up or are they really seeing something from another world? In the article “Extraterrestrial encounters: UFOs,” Alexander Geppert, an Emmy Noether Research Group Director at Freie Universitat Berlin, contends that people throughout the country and around the whole world have seen UFOs. The size of the UFOs seen can vary from eyewitness to eyewitness. The first UFO sighting occurred on June 24, 1947. While flying his plane, pilot Kenneth Arnold reported seeing nine objects, glowing bright blue-white, flying in formation over Washington State’s Mount Rainier.After the Arnold sighting, a “reputed” UFO crash in Roswell, New Mexico occurred on July 8, 1947; this crash is known as the Roswell incident. Reported UFO sightings in Great Britain, North America, Japan and Eastern Europe, all within weeks of each other, showed a global phenomenon. People refer to these sighting as the “First Waves” of UFOs. Immediately following these encounters from 1947 to 1953, UFOs invaded popular culture; they were everywhere from movies to music. Movies portrayed UFOs as flying discs and aliens were pictured with small bodies, huge heads and big eyes. According to Geppert, “Science continue[d] to struggle: Are we alone in the universe? Some believed that, in the future-saturated...
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...To Infinity and Beyond until Across the Universe Have you ever wondered if there are any extraterrestrial life forms in the universe? An extraterrestrial is defined as life that does not originate from Earth. It is often also referred to as alien. “Alien” is a very familiar word even though many of us have never met or seen them. They are in TV or movies, and especially the Hollywood productions love to make movies about extraterrestrials. For example, ET (1982) is one of the famous SF movies. The alien, ET is very friendly to people, and it has an ability of making object flying. Since they are only a part of blockbuster movies, most of times people are careless about aliens; however, there are many incidents that show they are real. There are three significant signs that prove they are real such as we are able to suspect another life form in an infinite universe, have UFO sighting everywhere in the world, and have experiences of many people’s alien abduction. First, there must be another life form among the limitless galaxies. Since the universe began in the Big Bang about 15 billion years ago, it has constantly expanded. Therefore, the universe is infinite and Earth is just considered like a grain of sand. The universe is divided into two parts; the observable and the non-observable. There are countless planets and solar systems in the observable universe. Is it true that the Earth is the only planet where life exits in the infinite universe? If there are sunlight and...
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...The theatrical film, The Fourth Kind, addresses the prospects of aliens through a basis on real events occurring in Nome, Alaska in 2000. The plot line follows Dr. Abigail Emily Tyler and her professional experiences with patients claiming alien abduction. The film begins with Tyler recounting a personal experience of her husband’s supposed murder that occurred in August of 2000. The Fourth Kind then takes focus on Tyler’s professional career as she tapes hypnotherapy sessions with patients experiencing a similar account of events. The correlation is summed up as a white owl staring at the patients through their windows each night. While under hypnosis, two of the patients describe similar stories of the creatures attempting to enter their homes. In addition, the film portrays one patient killing himself and his family after undergoing hypnosis. Following similarities in the individual’s stories, Tyler suspects the patients were abducted by aliens. The plot thickens as a patient requests Tyler to hypnotize him, which results in the disturbing act of him hovering above his bed while a voice informs Tyler to end her study. To further complicate the scene, the patient is paralyzed resulting from the hypnosis leading to Tyler being placed on house arrest. While confined, police camera footage shows a large dark object flying above the Tyler household and the officer describes people being pulled from the home. Tyler then claims that her daughter Ashley had been taken, however she...
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...Alien Existence There are a lot of things in this world that go unexplained. Not anymore, it was all aliens, everything you can’t figure out like, “Where does one sock go when I do the laundry?” Aliens. Earth has been very much impacted by aliens in its short history. Everything from supplying life-giving chemicals and wiping out the dinosaurs with meteorites to influencing human culture and evolution. The whole world is full of evidence that aliens exist, even though it is usually denied and ignored by the government and academics. This paper will give a short investigation of extraterrestrial events and evidence. Ancient people, especially their huge structures and exciting grip of mathematics and astronomy, have always attracted human kind. For example, the Sumerians were aware of Pluto as early as 5,000 bce, seven thousand years before it was discovered by Clyde W. Tombaugh in 1930. The first written evidence of extraterrestrials was discovered in 1935 by Prof. Tsum Um Nui of the Academy of Prehistoric Research in Beijing who found a stone disk in the cave part of the Baian Kara Ula Mountains near Tibet. The stone disk was buried with a group of humans with delicate bodies and weird large skulls. At first they were thought to be apes, Prof. Um Nui was rumored to have said “Who ever heard of apes burying each other?” They ended up finding 716 disks but the Chinese government would not let any more research be done until a Russian, Dr. Saitsew, examined them and wrote a...
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