...For your Review Mr, Evans, Per your request, I have conducted an initial review of the pending litigation against this organization brought by Mr. Robert Simmons, a former employee in the production department. Mr. Simmons is alleging that the recent policy change requiring production staff to work alternating 4 days on/4 days off shift work is a case of constructive discharge causing him to leave this organization’s employ. As a matter of context, I will briefly review the standards by which constructive discharge, as a legal concept, is relevant to this case. According to Turner v. Anheuser-Busch, Inc, the State of California considers constructive discharge to be a case where “the employer either intentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of the employee's resignation that a reasonable employer would realize that a reasonable person in the employee's position would be compelled to resign." Other jurisdictions define constructive discharge similarly and this is commonly referred to as the reasonable person test. Some courts have also adjudged that in order to determine actual constructive discharge, a second test, as in Muller v. United States Steel Corporation, requires that the plaintiff demonstrate that the “the employer created those conditions with the specific intent to cause the employee to resign.” The suit brought by Mr. Simmons contends that constructive discharge applies in that...
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...251 F.3d 1210 (8th Cir. 2001) MARILYN SIMMONS, PLAINTIFF-APPELLANT, v. NEW PUBLIC SCHOOL DISTRICT NO. EIGHT, DEFENDANT-APPELLEE. No. 00-2623 UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Submitted: March 16, 2001 Filed: May 30, 2001 Appeal from the United States District Court for the District of North Dakota.[Copyrighted Material Omitted][Copyrighted Material Omitted] Before Murphy, Lay, and Bye, Circuit Judges. Lay, Circuit Judge 1 Marilyn Simmons worked as an administrator for the New Public School District No. Eight (the District). She brought suit against the District alleging gender discrimination for (1) unequal pay, and (2) the non-renewal of her contract. The district court granted summary judgment to the District based upon res judicata and a lack of evidence supporting her claim. We reverse the district court's judgment and remand the case for further proceedings. I. Background 2 Simmons worked as an administrator for the District from 1991 to 1996. On April 20, 1996, after a lengthy hearing, the District voted not to renew her contract for the next school year. Simmons sued the District in state court alleging various claims, including violations of her North Dakota statutory rights as an educator. The state trial court rejected her claims. On appeal, the North Dakota State Supreme Court reversed. See Simmons v. New Public School Dist. No. Eight, 574 N.W.2d 561 (N.D. 1998). On remand, the parties stipulated to an agreement to settle the claims...
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...February 20, 2012 MEMORANDUM FROM: Graduate Student TO: Important Executive SUBJECT: The Case of Holy Medical Center Mr./Mrs. Executive, I am writing to you today to discuss the case of Holy Medical Center. In my review of this case a number of questions have come up that need to be addressed. Question 1 - Why did Dwane Hopkins fail as a clinic manager? Dwane Hopkins was hired to head Holy Doctors Medical Group. This new medical service organization (MSO) started out by bringing together six primary care physicians to form the initial part of this primary care network. However, it was hoped that in the long ran the practice would eventually support twenty more physicians. Their sponsor, Holy Medical Center, supplied the founding and income guarantee. Mr. Hopkins was hired at the time of hospital downsizing. He was someone the administration could spare to head this project. In addition, Mr. Hopkins had the backing of the COO who felt that Mr. Hopkins possessed good organizational skills. Unfortunately, Mr. Hopkins was never comfortable working with doctors and conflicts soon emerged over procedural and policy issues. In addition, Mr. Hopkins failed to provide the physicians with the feedback on the financial status of the practice. Mr. Hopkins was discharged from his managerial position because after eight months he has failed to make progress concerning both consolidation of the practice as well as physician recruitment. Question 2 - Was the hospital...
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...Leading Change at Simmons (A): The Challenges of Leadership in Managing Cultural Change in Large-Scale Organisations Introduction This case study examines the challenges of leadership and how they manage change in large-scale organisations. This particular case examines Simmons, a 130-year-old manufacturer and distributor of mattresses; it highlights the challenges faced by the newly employed CEO, Charlie Eitel, who has been hired by major shareholders, Fenway Partners to overhaul the organisation’s operation and initiate a turn-around in Simmons’ performance (Casciaro et al., 2005). Based on his experience at turning companies around to improve their operational and financial performances, Charlie Eitel introduced a number of changes on starting to work at Simmons, and his two main objectives were: “...to create a kind of company where everyone want to get up and come to work in the morning”, and “...to create the kind of company that other companies want to do business with.” Apart from change management, the case covers various management issues such as leadership, staff motivation, employee training, employee empowerment, team management, organisational change and adaptation, resistance to change, and organisational culture. All of these issues combine together to affect the performance of Simmons such that the organisation faced its toughest period ever since it was established. Another major challenge was the loss of three major customers due to bankruptcy, which make...
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...Placing young offenders in adult prisons heightens criminal behaviors after release according to the findings. There is well founded fear that several number of young offenders slated to be placed in adult jails are more likely to be assaulted ,commit suicide and raped. Juveniles are driven to desperation and abused regularly in adult prisons because they are not specific measures to protect the young offenders from the adult prisoners. My completes work Case summary Issue Roper v. Simmons’ main issue is whether the application of Death penalty on a person who committed murder at age 17 amounts to “Cruel and Unusual” sentence and thereby barred by the 8th and 14th Amendments (Dinkes, et al 2009) Facts The Supreme Court of the United States initiated a review of the case against Christopher Simmons to determine whether death penalty was allowed by constitution for persons under the age of 18 at the time of crime commission. The case concerned Christopher Simmons arrested at the age of 17 for Shirley Crook’s murder. Simmons had been found of a first-degree murder and had subsequently been...
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...INTRODUCTION: The Mattress Company Simmons wanted a hot new bed to sell, so they went to the best design firm in the world IDEO to come up with the concept. The first meetings between the two teams were brilliant with creative energy on both sides. Then IDEO went off to work on the prototype. A couple months later they came back to Simmons and showed off the prototype in a big, classic IDEO pitch. The response from Simmons was not positive though they knew it was good, but Simmons had no ownership over it. About Simmons and IDEO: Simmons Bedding Company was one of the oldest and major company in USA and had net sales for 2005 were $855 million but company wanted to explore new product opportunities in same field to tap more customers so they approached IDEO for the task. On the other hand IDEO is a design and innovation consulting firm and has been a successful example of what innovation and innovative design can accomplish. Also the culture of IDEO can be described as eccentric, fun, creative and innovative. The outside-the-box working style and shifting of working groups help to keep thinkers fresh and constantly on their toes. Work Process of IDEO: IDEO normally follow following process for typical engineering-intensive products or services: Phase I: Concept Generation: This involved visualizing a large number of designs solutions before selecting a single product direction. Phase II: Concept Development: the purpose was to identify and resolve technical and user problem...
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...A study in California found that those who killed whites were over 3 times more likely to be sentenced to death than those who killed blacks. (Pierce & Radelet, Santa Clara Law Review, 2005). For over one hundred years there have been adamant efforts to abolish capital punishment in America. (Davis, 1957) The death penalty has been a constant controversy amongst American citizens. There are many standpoints to be taken on the dispute. Supporters of the death penalty plead that it can be justified with sufficient due process, while others contradict that a human’s life is irreplaceable and that every person has the right to live. In order to gain a deeper understanding and a better idea of the death penalty and its development into modern day society, it is crucial to examine the historical lawsuits that have been decided in favor or against the capital punishment in America. In 1987 a monumental lawsuit hit the Supreme Court. McCleskey vs. Kemp 481 U.S. 279, (1987), ruling that McCleskey was to be sentenced to death for an armed robbery that resulted in the murder of a police officer. Appealing for his life, McCleskey argued that studies proved that racial discrimination lived with in capital punishment rulings. He heavily relied on a study conducted by Professor David C. Baldus also known as “Baldus Study”. His study concluded that black defendants were more likely to be punished with capital punishment than white defendants, especially if the victim was white. McCleskey...
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...Concepts Professor Camilla Craig Mat 27th, 2016 Russell Simmons has three core leadership qualities that have helped him to become the successful CEO that he is. A common trait that most successful leaders often have is their commitment to accomplishing goals. Russell Simmons is widely known as the father of hip-hop, who embodies these qualities. Russell Simmons wears many hats and is involved in several different business ventures. He co-founded Def Jam Records which he made $100 million dollars by selling Def Jam to Universal Music Group. Then Simmons found the companies Argyleculture, American Classics, and Phat Farm. Russell Simmons is not just a business owner he is a successful author, who is most famously known for his bestselling book Do You! 12 Laws to Access the Power in You to Achieve Happiness and Success. One of the leadership qualities that Russell Simmons personifies is emotional intelligence. When Russell Simmons talks about working with executives and artist, he always emphasizes the importance of everyone being happy in the deal (Harvard Business Review). Simmons made it very clear that his business success comes from starting businesses based on needs that exist. Due to Russell Simmons being aware of the fact that a need exist is an accurate indicator of an emotionally intelligent leader. The second leadership quality that Russell Simmons has is a positive attitude. Russell Simmons believes and advocates that having a positive attitude, openness...
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...sexual selection is a part of the natural selection. On the other hand is the contention that the two are exclusive of each other because the manner in with each selection progresses (Andersson & Simmons, 2006); (Kokko, Jennions & Brooks, 2006). For instance, natural selection is not selective in the sense of deliberation. Natural selection is eliminative, where organisms that do not meet the reductive nature of their environments cease existing. The elimination has no ordered sequence because it not definitive which organisms are up for elimination. Additionally, mate choice occurs in both males and females, although females appear to exercise this choice more than males (Rundle, Chenoweth & Blows, 2006). Alternately, sexual selection is deliberative because it involves organisms exercising elements of premeditation and choice, elements absent in natural selection. There are several characteristics that make up an organism that predispose some organisms do perform better compared to others in environments exigent for their existence. However, determining the interaction of these challenges with their environment is not straightforward. To illustrate, showing how mating preferences evolve genetically is challenging and compounded by the fact that several mechanisms co-occur (Andersson & Simmons, 2006). Such dynamics are a filter that disrupts the eliminative tendencies of natural order. This gives rise adaptations of organisms in a process that sees sexual selection complementing while...
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...A case study Analysis This paper is based on the published articles of Casciaro and Edmondson in Harvard Business Review and the Charlotte Pride Video. The Simmons Case study speaks of the change of the organization and implementation of the Great Game of Life program (GGOL). The GGOL was implemented in efforts to produce a way of life supportive of employees with emphasis on teams. The objectives of the GGOL program correspond to the mission of every organization and employee. This is the passage through life, the steady pursuit to remember each individual’s true potential, purpose and who they are at heart. Casciaro and Edmondson, 2007).The GGOL is a method intended to build enthusiasm with positive force while maintaining the culture of organizations (Kotter, 1994). This paper has six goals. Goal number one is to describe the objective of the Great Game of Life (GGOL program. Goal number two is what will take to ensure positive results. Goal number three is to describe how the Charlotte pride video influenced my position on the use of GGOL to change Simmons. Goal number four is to describe how the GGOL program might affect the managerial or employee culture of Simons. Goals five and six of this paper is to describe how the emotional elements associated with change can be manage d and leveraged. Strongly affecting competitive activity of Life Simmons a well founded and a very old well established 130 years old company confronts the possibility of change, but with doubting...
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...Simmons Case Study In the year 2001, the Simmons Bedding Company was experiencing economic difficulties, which needed to be addressed for the company to maintain operation. Charlie Eitel, CEO of Simmons made the decision that the company had to make changes to its culture. A major change Charles Eitel contemplated was implementing the Great Game of Life (GGOL) program into the company. Introducing the GGOL program into the company will bring about positive changes to the company that will boost employee morale, employee performance, and subsequently improve the Simmons’ company. Simmons Background The Simmons Bedding Company is one of the biggest mattress and bed related products manufacturer in the United States. Simmons was founded in 1870, when Zalmon G. Simmons opened his first factory in Kenosha, Wisconsin. The company’s ability to mass produce beds since 1875 enabled the company to grow into one of the biggest companies in the United States (Casciaro & Edmonson, 2007). In the year 2001, The Simmons Company was facing hard times. It had lost three major customers, the US economy was suffering, and Simmons had to get rid of foam using for bed cushioning because it was bad inventory. In addition, Charles Eitel the CEO had discovered that there was friction between manufacturing plants and low morale throughout many of the company factories. Charles Eitel wanted to make significant changes to the culture of the Simmons Company. One of changes that has been debated is whether...
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...Case Review Worksheet CJ/354 Week Two Worksheet Part I: Case Review Review the cases below by going to the “Detailed Contents” section of the Contemporary Criminal Law textbook. After reviewing the case, select the defense that was represented in the case from the following list: necessity | self-defense | defense of others | defense of home and property | resisting unlawful arrest | consent | duress | intoxication | mistake | age or infancy defense | entrapment | syndrome-based defenses | insanity defense | | | 1. Case 1: State v. Dejarlais State v. Dejarlais section in Ch. 8 of Contemporary Criminal Law Defense used: Consent 2. Case 2: Lopez v. State Lopez v. State section in Ch. 9 of Contemporary Criminal Law Defense used: Insanity Defense 3. Case 3: People v. Ceballos People v. Ceballos section in Ch. 8 of Contemporary Criminal Law Defense used: Defense of Home and Property, Necessity 4. Case 3: Brazil v. State Brazill v. State section in Ch. 9 of Contemporary Criminal Law Defense used: Age or Infancy Defense Part II: Short Answer Answer, in a minimum of 50 words, each of the following questions: 1. What is the adversarial system? The adversarial system, also known as adversary system. Many also refer to it as the legal system. They develop and present any arguments, gather, and submit any evidence they may have, as well as questioning any witnesses. Both parties are represented by attorneys...
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...specialists worked in teams and reflected that it was not easy to evaluate the recent project carried out for mattress manufacturer Simmons. Dayton was a design engineer and head of IDEO’s Boston office. IDEO was a design and innovation firm known for the extraordinary range of products it had designed and its innovative approach to the design process. For the Simmons project, IDEO had embarked on a service that was not intended to result in a tangible product, at least not right away. Whereas a typical design project progressed through four phases designed to “do the thing right,” this service, known as “Phase 0,” was intended to help a client “do the right thing.” Rather than design a new product based on pre-specified needs, Simmons had asked IDEO to help it “look for unmet needs that exist and to identify new product opportunities.” The project proposal, entitled “Understand and Innovate,” described Phase 0 services as helping clients understand the world in a new way and innovate accordingly. At first glance, mattresses were not exciting territory for the firm, but as the team researched mattress consumers— conducting literature reviews, site visits, and interviews with customers and salespersons—they grew intrigued. One later recalled, “The more we looked, the more we found.” No tC Now two months after their final presentation to Simmons executives in Atlanta, Georgia, the team was still buzzing from the client’s enthusiastic response to the Phase 0 project’s...
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...The 14th Amendment of the United States Constitution states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof” meaning that all people are under subjection of due process. Due process is the legal requirement, by state and federal government, to acknowledge the legal rights that a person owns. Since November 10, 2001, due process has changed in the United States wherein enemy combatants do not receive the right to due process anymore. Although America has moved far along since the new due process acts, Bush and Obama have been under constant fire for “obstruction of civil rights”. In the 1963 Supreme Court case of Gideon v. Wainwright, Clarence Earl Gideon was charged with breaking and entering with intent for petty larceny. The offense had occurred between midnight and 8:00AM when a person had broken a door, smashed cigarette machines, and stolen money out of the cash register. Based upon the single accusation of Gideon leaving the store with a bottle of wine and cash at 5:30PM, he was...
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...ITT-tech | Juvenile Justice Supreme Court Cases | Project 2 | | Latisha Lipsey | 7/30/2012 | | Juveniles have been committing crimes since the beginning of time, and they were punished has needed. The problem in today’s world is the youths are starting to commit more crimes, then decades ago, and another issue is how to punish a juvenile for the crime they committed. There are several landmark juvenile cases that were decided by the U.S. Supreme Court. The first three cases, Kent v. United States (1966), In re Gault (1967), and In re Winship (1970), are considered to be three biggest cases which opened the doors for the juvenile litigation before the U.S. Supreme Court (Champion, 2010,2007,2004,2001,1998). When the Kent case was decided in 1966, it was much easier for the U.S. Supreme Court to impose its vast precedent setting powers on juvenile courts in all jurisdictions. Then there was other cases including Breed v. Jones that granted various constitutional rights to juveniles (Champion, 2010,2007,2004,2001,1998). In today’s world juvenile courts in all jurisdictions have moved away from traditional approaches to juvenile offending and punishment and onto due process commensurate with adult offenders. The presence of an attorney in juvenile courts is more of a rule then an exception (Champion, 2010,2007,2004,2001,1998) . The history of the evolution of the legal rights of juvenile offenders began in the 1960’s, the Supreme Court required juvenile...
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