...When a company hires employees, in some cases it may be necessary to fact find additional information on a candidate to make an informed decision. Outside of using the interview some agencies will initiate a background investigation. In some cases this has proven beneficial in uncovering any false information given by the applicant concerning his/her education, work experience, morals, and other important qualifying factors. Background investigations aid the interview so that it’s not the only deciding factor and helps to isolate the most suitable candidate or the job. There are several variations to the background check. One is the reference check. Reference checks are becoming more difficult because of potential legal liability to the former employer, but this is easily over come. Reference checks with the most current employer help to confirm accomplishments, misrepresentation, and inflation of information or in some cases understatements. In some areas of employment it is important to conduct a criminal investigation. It is important for employers to know whether the potential employees have a history of crime and whether this history can affect his or her ability to perform in the given position. Consider the nature of the work in relation to the nature of the conviction. For example if you wish to hire a drive you would carefully scrutinize an applicant with a history of traffic violations. If you were hiring a bank teller you would be leery of an applicant...
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... “such as energy development, livestock grazing, recreation, and timber harvesting, while protecting a wide array of natural, cultural, and historical resources.” (Management, 2012) According to the existing regulations, lands proposed for exchange or sale can be closed to the filing of mining claims. The BLM was tasks to issuing a regulation that will facilitate “43 CFR part 2800, Rights-of-Way (ROW) Under the Federal Land Policy and Management Act (43 U.S.C.1701 et seq.) FLPMA, to allow temporary segregation of public land from operation of public land laws including the mining laws, within the applications for lands with wind and solar energy development potential.” (Segregation of Land Renewable Energy, 1994) On April 26, 2011 (76 FR 23230), the BLM proposed to amended was completed, the agency’s segregation regulations allowed temporary segregation of lands from operation of the public Land Law and the Mining Law of 1872. This regulation effected public lands that are included in a ROW application and potential land identified by the BLM for Solar Energy generation (SEG) uses. The BLM provided that purpose of such segregation were to promote the orderly administration of the public lands. The land will be segregated for a period up to two years from the date of publication of the notice. Lands under this rule will not be subject to valid existing rights, but would remain open under the Mineral Leasing Act of 1920 (MLA) and the Material Act of 1947 (Materials...
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...Week 7 Review and Analysis Keller Graduate School of MGMT Information Security Law Chapter 22, Question 3, 4, & 5, Page 739. (Questions found on p743) Question 3: At one time, in order to demonstrate their alleged intellectual superiority, a number of teenagers broke into computer systems that guarded records of schools, government generally, and the military. What are the current potential criminal risks associated with hacking illegally into computer systems? For starters, all of the information that is compromised could be sold and used for illegal purposes such as identity theft. Also, if hackers were to hack into the computer systems that control our infrastructure they could possibly turn off or damage our power grids or if they were to hack into the systems that control air traffic control, they could crash airplanes and disrupt travel for millions of people. On a larger scale if hackers were to hack into nuclear power plants they could possibly cause a nuclear meltdown. (GORMAN, 2009) Question 4: Criminal law statutes now protect your name and identity, your communications, and your ideas. Match each of these categories with the appropriate criminal law statute and explain how each statute can be violated. Name and identity = “Identity Theft and Assumption Deterrence Act of 1998” (Baumer, 2011). This statute protects individuals from having their identity stolen and used to commit a crime or make purchases in that person’s name that were not initiated...
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...MGMT 582 4/2/2012 Section 510 of ERISA Gives False Hope of Non Retaliation by Employers The Scenario is this; an Employee of one of the biggest hotel chains in the United States works in the Benefits section of the company. She finds a major flaw in the company’s benefits plan and brings it to the attention of Management. She was terminated and brought up a wrongful termination suit against Marriott. The Courts upheld the termination saying that Section 510 of ERISA did not protect the employee. This article argues that the employee should be protected when reporting internal violations voluntarily for three reasons. “(1) The protection of unsolicited internal complaints is consistent with congressional intent, (2) The text of section 510, as compared to other anti-retaliation provisions in other federal statutes, supports protection of unsolicited internal complaints, and (3) Section 510 reflects the view of the Secretary of Labor, whose interpretative position is coherent and attractive as a policy matter.”(PETERSON 1). The first reason is “the protection of unsolicited internal complaints is consistent with congressional intent.” Even though the Supreme Court upheld the judgment in this case, the article is arguing the side of congressional intent. If someone comes to their employer, who works in a position of power when it comes to employee benefits, to tell them that they are in a state of illegality they should be protected by section 510 of ERISA. The way that...
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...MGMT 520- Week 2 Case Brief Style of Case and Citation: United States v. Kay 359 F.3d 738 (5th Cir. 2004) Court Rendering Final Decision: U.S. 5th Circuit Court Of Appeals Identification of Parties and Procedural Details: Who is the Plaintiff/Appellant? Who is the Defendant/Appealer? What is the cause of action? Who prevailed in lower court? Who is appealing to what court? Original Plaintiff, United States of America, is Appealing original defendant, David Kay and Douglas Murphy, for the original defendants’ violation of Foreign Corrupt Practices Act (FCPA). The district court dismissed the indictment because of the conclusion that bribes to reduce taxes are not covered by FCPA. United States of America is Appealing to the U.S. 5th Circuit Court of Appeals. Discussion of the Facts: Who did what to whom? What relief is being sought? Defendants were bribing Haitian officials in order to have them accept forged document, so the defendants (or American Rice. Inc) could pay substantially lower custom duties and taxes to Haitian government. United States of America is accusing the defendants for violation FCPA. Statement and Discussion of the Legal Issues in Dispute: What decision of the lower court is being challenged? What specific legal questions is the subject court being asked to address? Is the question about Common-Law? A Statute? The Plaintiff is challenging the District Court's conclusion that bribes to reduce taxes are not covered by...
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...that most of us may be confronted with when it comes to trying to understanding why certain court decisions are made when looking at from an employee’s point of view, which mainly includes why certain laws and regulations are related to such areas like labor and employment by using this particular case study of 3.1 for example which I will be used to conducting my findings. After reading and examining the given situation that has been brought to my attention from the case study of 3.1, from what I have gathered I have the full understanding that the employer has let two of their employees go because they did not agree with the cold temperatures that they had to endure within their work place to where they made a choice to walk away from their jobs to protest their work conditions without notifying anyone from management to what was going on. But the section 7 of LMRA states that every employee has right to combine and protect their rights against the organization in the situations at workplace that may affect their human rights to form a union (Holley, Jennings & Wolters, 2009 p. 83). In this certain case study of 3.1, it can be pronounced that the law can be understood in certain individuals own ways when comparing how both the employees and employers see and or interprets these laws. In the following state of affairs that Drake and Keeler find themselves in is where they were doing their work as band-saw operator in machine shop and near at a large overhead door and often they...
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...1. Define BFOQ and list to which characteristics it applies. Bona Fide Occupational Qualification (BFOQ) is a defense that acknowledged discrimination. It allows an employer discriminate for reasons of religion, sex, national origin, age, when this factors can affect the normal operations of a particular business. (Cornell University Law School, 2010) To be able to use BFOQ , the employer needs to prove that the job requires certain type of worker for the success and safety of the business. They need to demonstrate that is necessary to have a specific type of worker with specific characteristic to be able to perform the job in an effective matter. For example Churches have the right to use BFOQ to hire only people with their religion denomination to be able to work there because their believe can affect the way the Church operates. 2. What is the purpose of the Glass Ceiling Commission? Glass Ceiling is the term given to the invisible barriers that prevent women and minority advance or move to a management position in a company (Glass Ceiling Commission-National Archives and Records, 1995). The Civil Rights Act of 1991 created The Glass Ceiling Commission to address the barriers by of studying the manners in which business fills management and decision making positions, the developmental and skill-enhancing practices used to foster the necessary qualification for advancement into such positions, and the compensation programs and reward structures currently utilized...
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...MGMT 520- Week 2 Case Brief Style of Case and Citation: United States v. Kay 359 F.3d 738 (5th Cir. 2004) Court Rendering Final Decision: U.S. 5th Circuit Court Of Appeals Identification of Parties and Procedural Details: Who is the Plaintiff/Appellant? Who is the Defendant/Appealer? What is the cause of action? Who prevailed in lower court? Who is appealing to what court? Original Plaintiff, United States of America, is Appealing original defendant, David Kay and Douglas Murphy, for the original defendants’ violation of Foreign Corrupt Practices Act (FCPA). The district court dismissed the indictment because of the conclusion that bribes to reduce taxes are not covered by FCPA. United States of America is Appealing to the U.S. 5th Circuit Court of Appeals. Discussion of the Facts: Who did what to whom? What relief is being sought? Defendants were bribing Haitian officials in order to have them accept forged document, so the defendants (or American Rice. Inc) could pay substantially lower custom duties and taxes to Haitian government. United States of America is accusing the defendants for violation FCPA. Statement and Discussion of the Legal Issues in Dispute: What decision of the lower court is being challenged? What specific legal questions is the subject court being asked to address? Is the question about Common-Law? A Statute? The Plaintiff is challenging the District Court's conclusion that bribes to reduce taxes are not covered by...
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...B. The City’s arguments regarding uniformity rest on misconceptions about home rule. The City also argues that the conflict between the Wichita Marijuana Ordinance and certain provisions of state law is permissible because the state statutes at issue are non-uniform. But the City’s arguments rest on a mistaken understanding about the meaning of uniformity and the nature of home rule generally. In exercising home rule authority, a City may encounter one of four situations. First, the Legislature may have adopted a uniform state law that manifests a clear intent to preempt cities from legislating on the subject. An example of clear legislative preemption is K.S.A. 2-2480, which provides that “[n]o local authority shall enact or enforce any law, ordinance, rule, regulation or resolution in conflict with, in addition to, or supplemental to, the provisions of the Kansas pesticide law unless expressly authorized by law to do so.” In such a situation, cities are prohibited from legislating at all, even from adopting ordinances that duplicate or supplement state law. Second, the Legislature may have adopted a uniform state law with no...
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...house. The bank cannot go after you personally and your credit score will be unaffected. I’ve been dealing with this issue for years and I’m telling you that this is the Ohio law on the matter. Unfortunately, it turns out that Dan was incorrect. When Mary defaults on her loan the next year, her credit is badly hurt. Mildred has engaged our firm to evaluate the possibility of filing a suit against Dan based on his statement to her and her reliance on it. She met with attorney, Joe, who immediately ruled out the possibility of suing him for fraud or misrepresentation, because Dan sincerely believed that what he was saying was true. Instead, Mary said to Joe, “Well, Dan isn’t a lawyer. Isn’t it wrong for him to tell me what the Ohio law is when he’s not even a lawyer?” Joe advised Mildred that this firm would research whether a person could be sued for unauthorized practice of law. Issue Based upon Ohio law, can a private cause of action exists against a non lawyer who committed the unauthorized practice of law thereby hurting the plaintiff's case? Rule Ohio Statute ORC 4705.07(A)(3) & (C)(2) A) No person who is not licensed to practice law in this state shall do any of the following: (3) Commit any act that is prohibited by the supreme court as being the unauthorized practice of law. (C) (2) Any person who is damaged by another person who commits a violation of division (A)(3) of this section may...
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...Subject: Former employee claims constructive discharge under Title VII of The Civil Rights Act of 1964 Dear Mr. Richardson, I would like to present you important facts as a result of my research found regarding Title VII of the Civil Rights Act of 1964. The plaintiff’s arguments are irrelevant and do not justify his claim against Toys Are Fun. The claim filled out by our former employee using the Title VII of the Civil Rights Act of 1964 to justify constructive discharge, which is generally applied when conditions of the work environment are intolerable and the employer does not offer the employee another alternative than to ask for termination. Constructive discharge is also one of the hardest cases to prove since plaintiffs need to meet certain requirements to prove they were victims of constructive discharge; abrupt termination is not acceptable proof since the employee is required to give the employer a reasonable chance to resolve the issue. In the last few years, Toys Are Fun has had tremendous growth, which forced the company incorporate changes in its production scheduling department in order to meet the demand of market changes that include working during holidays and weekends. The former employee resigned from his job for not being able to work during a scheduled holiday. Toys Are Fun did not have a chance to discuss the issue with employee and for this reason accommodation such as shift swaps and make-up hours, were never offered. Constructive discharge for...
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...TORT/CRIMES ASSIGNMENT MGMT 310 INSTRUCTIONS: Your assignment is to determine and analyze the claims and defenses for each party in the below referenced case problem and hypothetical lawsuit. IRAC/Analyze the following series of events using the information and laws contained in Chapters 5, 6, 7 and 8. Be sure to state the Name of the Rule of Law and EACH of the elements of any stated allegations/charges (i.e. strict liability, assault, battery, or negligence) or defenses (i.e. comparative fault, strict liability, foreseeability, proximate cause, innocence, 4th Amendement, etc…). Analyze the facts that support the elements of the allegation/charge or defense for each party. If you determine there are no claims and/or no defenses, please say so. As an example, I have provided a sample analysis for Ocho Cinco. You will similarly address the same for each of the other “parties” or actors in the scenario. This must be typed and turned in on or before the due date (as stated on WebCT). CASE PROBLEM: Ocho Cinco and Carmouche are employed by Dillenger’s Windows in Corrales, USA. Corrales has an ordinance in effect that states that: All loose objects over one (1) pound held, contained, used, or resting upon window washing scaffolding must be tethered (tied) to the scaffolding while being used and present on the scaffolding on floors above 5 stories. Corrales Ordinance Section 001.02.2012 Ocho Cinco and Carmouche, employees of Dillenges, are working...
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...Running head: Employment At Will Employment at Will: Relationship between Societal Expectations and the Law BSA535 Business Law January 2014 Abstract This paper analyzes the relationship between the survey conducted by the Department of Labor in New York and Syracuse areas and the existing law. The survey reviews the law regarding the dismissal of at-will employees for exposing or refusing to partake in criminal or immoral endeavors. Results of the survey were to ascertain societal expectations regarding at-will employment and the law’s content regarding the issue. Employment at Will: Relationship between Societal Expectations and the Law The employment-at-will law states that employment may be terminated by an employer, for any reason or at any time. Employers are allowed to dismiss their employees for good reasons, morally wrong reasons, or for no reason without being liable of a legal wrong. Termination from rejecting to take part in practices that are not illegal but which are believed by the employee to be unethical are less apt to be actionable. Both of these situations are addressed in terms of the so-called public policy exception to the employment at will rule. The cause of action, often labeled "wrongful discharge" or "retaliatory discharge," is typically tort-based, although a few states employ contract theory in this context. On the other hand, individuals who report illegal or unethical practices within...
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...Running head: Employment At Will Employment at Will: Relationship between Societal Expectations and the Law Stephanie K. Walker Averett University BSA535 Business Law January 2014 Abstract This paper analyzes the relationship between the survey conducted by the Department of Labor in New York and Syracuse areas and the existing law. The survey reviews the law regarding the dismissal of at-will employees for exposing or refusing to partake in criminal or immoral endeavors. Results of the survey were to ascertain societal expectations regarding at-will employment and the law’s content regarding the issue. Employment at Will: Relationship between Societal Expectations and the Law The employment-at-will law states that employment may be terminated by an employer, for any reason or at any time. Employers are allowed to dismiss their employees for good reasons, morally wrong reasons, or for no reason without being liable of a legal wrong. Termination from rejecting to take part in practices that are not illegal but which are believed by the employee to be unethical are less apt to be actionable. Both of these situations are addressed in terms of the so-called public policy exception to the employment at will rule. The cause of action, often labeled "wrongful discharge" or "retaliatory discharge," is typically tort-based, although a few states employ contract theory in this context. On the other hand, individuals...
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