Essay on "Legal Risk Arising From Wrongful"

Quoted Instructions for "Legal Risk Arising From Wrongful" Assignment:

Details Due Points Objectives 4.1 Analyze legal risk arising from wrongful discharge. 4.2 Evaluate legal risk associated with employment discrimination and harassment. 4.3 Evaluate the regulatory and compliance requirements related to employment and benefits. Readings Read Ch. 31–33 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues. Read this week’s Electronic Reserve Readings Participation Participate in class discussion. April 7 2 Individual Presentations BE PREPARED FOR YOUR PRESENTATION IF ASSIGNED THIS WEEK. April 7 5 Individual Legal Risk and Opportunity in Employment Resources: University of Phoenix Material: NewCorp Legal Scenarios Answer the following questions for each scenario: • What liability does NewCorp have? • What regulatory and compliance requirements and legal principles, such as statutory or case law, are relevant to this situation? Identify which legal principles support your decision. All encounters must be supported from legal principles in this week’s readings, including cases and statutes. Write an answer of no more than 350 words for each encounter. Format your paper consistent with APA guidelines. April 7 10 TOTAL POSSIBLE POINTS FOR WK4 17

PAPEP MUST BE IN THIS FORMAT PLEASE.

First, all papers are still just an APA style paper. But, there are tips that will help you to organize your papers that will show me what you learned. Write according to an IRAC (what is IRAC you ask) Issue Rule Analysis Conclusion See below: First, Identify the issues present in the simulation. You may using headings, such as: Issue 1: The types of ADR the team will rely upon Issue 2: The reasons a peer review may be triggered in the learning team Issue 3: If peer review does not work, mediation will be required. Next, Determine the rule of law that is important to your issue. Issue 1: Negligence Against ***** by Paula Rule: In order for Paula to successfully sue *****, the four elements of Negligence must be satisfied. Those elements are: Duty, Breach, Causation Damages. A duty must be owed by ***** to Paula, if ***** Breached that duty, and the breach was the Cause of Paula’s injuries or Damages, then ***** will be found liable. Third: You want to use your facts and apply the law to those facts, this is analysis. For example: Issue 1: Negligence Against ***** by Paula Rule: In order for Paula to successfully sue *****, the four elements of Negligence must be satisfied. Those elements are: Duty, Breach, Causation Damages. A duty must be owed by ***** to Paula, if ***** Breached that duty, and the breach was the Cause of Paula’s injuries or Damages, then ***** will be found liable. Analysis: ***** has the duty of a reasonable person when driving on the streets of the State of Florida. It does not matter that ***** is 17 years old, because even though ***** is a minor, he is held to an adult standard, since driving is an adult activity. The facts show that ***** was speeding and failed to stop at a red light, thus hitting Paula. Paula was rushed to the hospital with injuries. ***** breached his duty to Paul when he failed to act reasonably by speeding and failing to stop for traffic signals. This breach was the actual cause of Paula’s injuries, and was also the proximate cause of her injuries. Paula was not hurt prior to the accident, but sustained a disc herniation in L2-L3; and L3-L4, as a result of the accident. But for ***** failing to act reasonably, Paula would not be hurt. Paula’s damages include her injuries, the money she lost because she could not work, her medical bills, past, present and future. Paula may also be entitled to pain and suffering as compensatory, non-economic damages, because injuries get worse over time, never better. Finally, you will conclude: Negligence Against ***** by Paula In order for Paula to successfully sue *****, the four elements of Negligence must be satisfied. Those elements are: Duty, Breach, Causation Damages. A duty must be owed by ***** to Paula, if ***** Breached that duty, and the breach was the Cause of Paula’s injuries or Damages, then ***** will be found liable. ***** has the duty of a reasonable person when driving on the streets of the State of Florida. It does not matter that ***** is 17 years old, because even though ***** is a minor, he is held to an adult standard, since driving is an adult activity. The facts show that ***** was speeding and failed to stop at a red light, thus hitting Paula. Paula was rushed to the hospital with injuries. ***** breached his duty to Paul when he failed to act reasonably by speeding and failing to stop for traffic signals. This breach was the actual cause of Paula’s injuries, and was also the proximate cause of her injuries. Paula was not hurt prior to the accident, but sustained a disc herniation in L2-L3; and L3-L4, as a result of the accident. But for ***** failing to act reasonably, Paula would not be hurt. Paula’s damages include her injuries, the money she lost because she could not work, her medical bills, past, present and future. Paula may also be entitled to pain and suffering as compensatory, non-economic damages, because injuries get worse over time, never better. As a result of *****’s negligence, Paula will likely recover if she can prove that ***** failed to act like a prudent, reasonable person, and his failure to do so breached the duty of a safe driver in Florida. Paula will recover monetary damages as a result of the breach.

THIS IS THE SUGGESTED FORMAT TO USE FOR ALL YOUR PAPERS. It will help you focus your writing.

References

Brody, R. and Perkins, B. (2010). How to file a lawsuit. Frequently Answered Questions. Retreived from: www.crime-victimlaw.com on June 14, 2010.

THIS IS THE SEARIOS

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 does not improve to a satisfactory level in the specified time period, termination will follow.

Pat acknowledged that he signed a document to show his understanding that the company observed employment at will with respect to discharge, but he believed the provision limited NewCorp’s freedom to discharge him at will. Pat also stated that NewCorp’s senior management was noticeably unfriendly after Pat had been vocal at a local school board meeting. His position on an issue in the meeting was unpopular, and although no one at the meeting identified Pat as a NewCorp employee, he believed this contributed to the decision to discharge him.

What liability and rights do NewCorp and Pat have in this situation? What legal principles—such as statutory or case law—support those liabilities and rights?

Legal Encounter 2

NewCorp employed Sam as a supervisor of electrical manufacturing for automotive under-dash wiring harnesses. Sam’s department employed around 100 men and women to create the wiring and connect it to different universal couplings so speedometers, oil gauges, and other instruments would work. The final product, an under-dash wiring harness, was sent to the assembly plant for installation.

Sam developed a relationship with one of his employees, Paula, and they began dating. Paula later ended the relationship with Sam. Sam wanted to continue dating Paula, and he began exhibiting unwelcome behaviors, even after she told him to stop. Sam suggested that Paula’s work might be suffering from a lack of interest.

Paula decided she could no longer work with Sam and applied for a transfer to the wire-coating department, which was not under his control. Sam blocked the transfer, citing evidence that chemicals used in wire coatings could harm an early-state fetus. Because Paula could become pregnant, Sam argued, NewCorp could not take the chance of being liable for causing a child to be born with a birth defect. Paula believed this was Sam’s way of controlling her and that, even if it was not, it was illegal discrimination.

What liability does NewCorp have in this situation? What actions might NewCorp take? Identify which legal principles, such as statutory or case law, support your responses.

Legal Encounter 3

NewCorp employed Paul as a senior maintenance technician, which required him to work in confined spaces to repair equipment. Repair of the pulp shredder was particularly difficult because the space Paul worked in was narrow. After an employee was injured when working on the machine, NewCorp attempted to relocate it to create more space, but nearby building support beams did not allowed for relocation.

Paul refused to work on the machine, saying that the work space was too confining and dangerous. The NewCorp safety manager reviewed the area and deemed it safe. Paul said he became claustrophobic because of working in such confined spaces, and this condition arose from his employment. This statement makes the situation a worker compensation issue. Paul called the Occupational Safety and Health Administration (OSHA) to complain about NewCorp requiring him to work in a dangerous situation. In addition to calling OSHA, Paul threatened to get a lawyer and sue NewCorp. Management was not sure what legal principles apply to the circumstances in this situation.