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Do you think that most employees who take legal action against their employers have valid claims or are looking to “get something for nothing?” What is the basis for your opinion?
Would you be inclined to take legal action against your employer if you felt strongly that your legal rights had been violated? Why or why not?
Second assignment
Equal Opportunity and the Law – Chapter 2
Every HR action you take as a manager, from interviewing applicants to training, appraising, and rewarding them, has equal employment implications. Therefore, the purpose of chapter 2 is to provide you with the knowledge to deal effectively with equal employment questions on the job. This chapter is key and the foundation for HR Management.
Application case, Accusation of Sexual Harassment in Pro Sports in your text
Do you think Ms. Browne Saunders had the basis for a sexual harassment suit? Why?
From what you know of the case, do you think the jury arrived at the correct decision? Defend your answer.
Based on the few facts that you have, what steps could Garden management have taken to protect itself from liability in this matter?
Aside from the appeal, what would you do now if you were the Garden’s top management?
5.”The allegations against MSG in this case raise ethical questions with regard to the employer’s actions.” Do you agree/disagree and defend your answer.
After reading the Wells Fargo Case (located in the read & review folder) answer the following questions:
Do you agree with the bank’s decision to fire the employee?
Do you see any other alternatives to the firing?
3: With respect to recruitment and selection standards listed in chapter 2 of your text, what are some potentially discriminatory practices that organizations must avoid?
Lastly, what important precedents were set by the Griggs v. Duke Power Company case and the Albemarle v. Moody case?
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Premium papers. We provide the highest quality papers in the writing industry. Our company only employs specialized professional writers who take pride in satisfying the needs of our huge client base by offering them premium writing services Do you think that most employees who take legal action against their employers have valid claims or are looking to “get something for nothing?” What is the basis for your opinion?
1. Do a bit of research on the hearsay rule in legal proceedings. In your own words, explain the hearsay rule and describe how it relates to the concept of an expert witness.
2. Go to the website: https://epic.org/privacy/litigation/ which focuses on civil rights issues and privacy. Pick a case.Using WORD, in you OWN WORDS, write an ORIGINAL brief essay of 300 words or more :
Summarize the case
Give your opinion of the decision.
Describe how the case deals with the material in this chapter
Note your Safe Assign score. Continue submitting until your Safe Assign score is less than 25. You have three attempts to complete your assignment.Attach your WORD doc and then hit SUBMT.
Note: Please complete the assignment in separate documents
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Reflecting on the concepts in the course, select and research one (1) of the company situations listed below and prepare a PowerPoint presentation of the legal and ethical issues surrounding it. At least one source citation for each company is provided to get you started and you may use this citation as one of your required sources. It is expected you will use the course Lessons and required readings plus your own independent research of credible sources in support of this presentation. At least two sources should be peer-reviewed articles or scholarly texts from the library.
Your presentation should include the following, organized in professionally designed slides with accompanying Speaker’s Notes or Audio and/or video narrative. Further instructions for the PPT are also below:
CONTENT FOR YOUR ASSIGNMENT:
1. Introduce the company (e.g. name, type of business, its corporate structure);
2. Define and explain the core ethical dilemma confronting the company, with pertinent facts; this includes why it is an ethical issue; clearly define the dilemma and what area of law is involved (e.g. contract, torts, etc.); be clear as to the company’s situation and its ethical choices – the action the company chose to do and at least one other, different, choice;
3. Identify, define and explain an ethical framework that supports, or is illustrated in, the choice/action the company made.
4. Identify, define and explain another ethical framework that the company leadership could have utilized in this situation and explain how utilization of this alternate ethical framework would have led to a different result in deciding the ethical dilemma. Explain specifically how the company effectively could have employed this framework.
5. Recommend: Lessons learned. What lessons can business management leaders learn from this case study for management of business operations? Recommend and explain at least one business practice. In determining and designing your recommendation consider the concepts in areas of law we have studied this term, e.g. contracts, tort liability, corporate structure and policy, corporate social responsibility, Sarbanes-Oxley, employment laws, litigation, etc. A good business practice recommendation can relate to any one or combination of these elements of the legal business environment. The company you have studied for this Assignment engaged in practices on an ethical basis that ultimately touched or affected all aspects of its management. Your recommendation should be a take-away pertinent for any business to apply in practice. It is not sufficient to just say something like “do it differently,” or “be ethical.”
In addition to the above, study the Rubric for this Assignment and the Instructions for PPT.
COMPANIES – SELECT ONE (1) OF THESE COMPANIES/SITUATIONS FOR YOUR ESSAY
Ford Motor Company – Pinto car defect – Beginning informational source:
The Pinto memo: “It’s cheaper to let them burn!” (2008, October 17). The Spokesman-Review. Retrieved from http://www.spokesman.com/blogs/autos/2008/oct/17/pinto-memo-its-cheaper-let-them-burn/
Case study: Ford’s Pinto: Collective welfare versus rights and freedom. (2014, January 22). ethicsworkshop. YouTube. [Video File].
Boeing – 737 MAX defect, plane crashes – Beginning informational source:
Italiano, L. (2019, May 19). Boeing acknowledges flaw in 737 MAX flight simulators. New York Post.
Purdue Pharmaceutical – Opiod lawsuits (and at least one huge settlement): Beginning informational source:
Chatterjee, P. (2018, January 25). New York City sues Purdue Pharmaceutical and others over opiod deaths. Corpwatch.
INSTRUCTIONS FOR PPT:
Title slide followed by agenda slide that outlines the presentation.
Ends with References slide, listing seven (7)-plus credible sources from Lessons, Course Readings, and your own research in Library, in APA 7th formatted citations. (Note, you may need more than 1 slide for all fully cited references.)
In addition to the above 3 types of slides, minimum ten (10) content slides.
Slides should be presented with professional background, appropriate graphics, and content points (not paragraphs to be read like a “paper”);
Content points should be included on slides, not just “titles.”
Speaker’s notes are required for narrative accompanying beneath all slides except title slide and references slides. In the alternative audio narration or a video can accompany the slide presenting the narration portion of the presentation.
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article Abercrombie and Fitch Business. The work is to be 1 page with three to five sources, with in-text citations and a reference page.
Abercrombie & Fitch lawsuit is a religious bias legal battle spearheaded by the United State Equal Employment Opportunity Commission (EEOC). EEOC argues that Samantha Elauf’s hijab should have been granted a religious exception during the interview.
The defendant company claims that it wasn’t told that the hijab was worn for religious purposes, and that’s the reason it’s not liable. (Howe)(b) The complainant of the case won at the case trial but was defeated by the defendant at the appeal stage. The United States Court of Appeals for the Tenth Circuit, which hears federal appeals, ruled that Abercrombie could not be held liable in any way for perpetuating anti-discrimination laws. This is because the court was not aware, and Elauf had not informed it, that she was wearing the hijab for religious purposes. (c) I can say no even he is competent for the job.
This is because his physical appearance cans the business image adversely and consequently the reputation.
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Assignment details: Elements of a legal contract. Jim and Laura Buyer visit the local car dealership because they are interested in buying a new car. The car they currently have is aging and is starting to have mechanical problems. Jim and Laura would share the new car, and use it to go back and forth to work and school. Before going to the dealership, Jim and Laura decide that they can only afford $400.00 a month in car payments.
Once at the car dealership, Jim and Laura meet Stan Salesman. Stan shows them several vehicles and Jim and Laura test-drive several of the cars. Jim and Laura particularly like the blue 4-door sedan. Therefore, they agree to give Stan Salesman a $100.00 deposit to hold the car for a day. Stan Salesman does not give them the receipt but guarantees that the $100.00 is refundable. No documents were signed.
The next day, Stan Salesman calls Jim and Laura to ask them when they would like to take delivery of the car. Jim and Laura, on the way home from the dealership, decided that they were not going to buy the car because they did not want to spend that money each month. Therefore, Jim and Laura tell Stan salesman that they have decided not to buy the car and request their $100.00 deposit back.
Stan insists that the $100.00 was a deposit on the car and was meant to be part of the contract to buy the car. Stan is very persistent and insistent that Jim and Laura have contracted to buy the car; therefore, the $100.00 will be applied to the purchase price of the car. Jim and Laura are shocked and angry as not only do they not want to spend the money, but now feel as though they are being duped by Stan Salesman.
Jim and Laura have an appointment to see a lawyer in a few days, but know you are a student taking a business law class and come to you for advice. They are very frazzled, and understandably upset that they may have just purchased a car. Since you have been taking business law, you have read and understand the elements of a contract and the defenses to a contract. Therefore, although you are not a lawyer, you provide some basic advice from what you’ve learned in your business law class.
In three to five (3-5) pages, advise Jim and Laura based on the above facts as presented, the material provided in the text, and material covered in the lecture. In your paper, be sure to address the following:
Define the elements of a legal contract using examples from the scenario where applicable. Decide whether or not there was a contract for the purchase of the automobile. Identify the facts from the scenario which support your decision on whether or not a contract exists for the purchase of the automobile. Use at least two (2) quality academic resources in this assignment. Note: Wikipedia and other Websites do not qualify as quality academic resources. Format your assignment according to the following formatting requirements: Typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides. Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page is not included in the required page length. Include a reference page. Citations and references must follow APA format. The reference page is not included in the required page length. Grading for this assignment will be based on answer quality, logic / organization of the paper, and language and writing skills, using the following rubric.
Did Jim and Laura Buy a Car? Elements of a legal contract
A contract is a voluntary agreement between two or more parties and is legally binding hence is enforceable by the law (Miceli, 1997).The contract can be verbal or in written form. A verbal contract, like the one allegedly entered into between Stan Salesman on the one hand and Jim and Laura Buyer on the other, is hard to prove and has a lesser timeline to sue. Indeed, it is advisable that a contract that involves sale of property be in written form as this clarifies the terms of the contract, unlike in a verbal contract where the terms are usually not clear. Further, a contract must be entered into between parties that have the capacity to enter into an agreement. Salesman and the Buyers in the case scenario both have the capacity to enter into contracts because they are not minors, intoxicated or mentally afflicted; the groups of people considered to lack sufficient capacity to enter into contracts (Fried, undated).
A contract also has specific elements that includean offer, acceptance, consideration and meeting of minds. Offer and acceptance usually go together while consideration is not considered in some countries that prefer estoppel.
That Stan Salesman offered cars for sale is not a basis for a binding contract but an offer of sale, an invitation to treat. However, Jim and Laura take on the invitation and end up liking a blue, 4-door sedan after test-driving several cars. The test-driving obviously gives the Buyers a detailed description of some of the cars (including the blue, 4-door sedan), which is a requirement for a legal offer. The other requirements for a legal offer are price, terms and delivery date(Chen-Wishart, 2015). From the case scenario, these latter requirements are not discussed nor agreed between the two parties. Hence, the offer does not qualify as a legal offer but rather an offer of sale; and is therefore not contractually binding.
Salesman offer of sale or invitation to treat was accepted by the Buyers, the offerees. This is evident in their conduct and consequent communication to Salesman to hold the car for a day, paying a deposit for this. The conduct of the Buyers leads Salesman to infer their acceptance, and concomitantly that there is an implied contract. However, this acceptance is for an offer of sale rather than a legal offer since it does not meet the requirements of a legal offer as discussed above. If this was a unilateral contract, it would not need the Buyers’ acceptance. But like most commercial transactions, this would only be considered as a bilateral contract that would require acceptance of the offer: yet it fails to meet the threshold of a bilateral contract based on the fact that the offer is not legally binding and hence the issue of acceptance does not suffice(Miceli, 1997).This hence renders the supposed mutual assent (of the offer and acceptance) invalid and not legally binding.
The other important element of a contract is consideration which refers to the perceived and or actual value offered and accepted when entering into contracts. Both the offeror and offeree acquire value from a contract through exchanging, with the concept of the value being the consideration(Fried, undated). For example, if I buy a business book for $30, the bookshop’s consideration is the book while my consideration is the $30. In a court of law in the United States, the bargaining process to determine sufficiency and or adequacy of the consideration is important. Sufficiency refers to meeting the test of the law whereas adequacy refers to subjective fairness (Fried, undated). So whilst paying a dollar…………………………………………………………………………………………………………………………………………………………………………………………………………………………………. Elements of a legal contract ………………………………………………………………………………………………………………………………………………………………………………………………………………………………….
Assignment: Legal Aspects of U.S. Health Care System Administration
Worth 100 points
Prevailing wisdom reinforces the fact that working in U.S. health care administration in the 21st Century requires knowledge of the various aspects of health laws as they apply to dealing with medical professionals. Further, because U.S. health care administrators have to potentially interact with many levels of professionals beyond the medical profession, it is prudent that they are aware of any federal, state, and local laws that may be applicable to their organizations. Thus, their conduct is also subject to the letter of the law. They must evaluate the quality of their professional interactions and be mindful of the implications and ramifications of their decisions.
You are employed as a top health administrator at the hypothetical Well Care Hospital in Happy Town. When you were hired, your pre-employment screening involved background checks into any violation of hospital medical misconduct during the last five (5) years. The results showed that you were in good standing with the hospital administration community. During the past year, you had to undergo training in personnel conduct, as well as in inter-employee conduct with medical staff, nurses, technologists, etc. During the past six (6) months, the hospital has been under scrutiny for breach of medical compliance.
Note: You may create and / or make all necessary assumptions needed for the completion of this assignment.
Write a three to four (3-4) page paper in which you:
Articulate your position as the top administrator concerned about the importance of professional conduct within the health care setting. Justify your position.
Ascertain the major ramifications of having professional staff compromise the boundaries of ethics and medical conduct.
Analyze the four (4) elements required of a plaintiff to prove medical negligence.
Discuss the overarching duties of the health care governing board in mitigating the effects of medical non-compliance, as they apply to the rules of practice set forth in the Well Care Hospital governing board’s manifesto.
Use at least five (5) quality academic resources in this assignment. Note: Wikipedia and other Websites do not quality as academic resources.
Your assignment must follow these formatting requirements:
Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
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All health care administrators have the responsibility to preserve the highest standards of ethical and integrity principles. This is crucial in discharging the professional responsibility as a top administrator of Well Care Hospital. As top administrator I shall strive to provide all clients entrusted in the hospital’s care the highest quality of services in light of all available resources or constraints. The operations of Well Care Hospital shall be in consistent with laws, regulations and standards of practice of health care administration.
My professional conduct shall be consistent with law and professional standards protecting confidential information of all individuals under the hospital’s care. I shall carry out administrative duties with personal integrity that will ear trust, respect and confidence of the general public. Appropriate steps shall be taken to avoid any form of discrimination based on gender, race, color, age, religion, handicap, marital status or any other factor that is illegally discriminatory. No information whether professional or personal…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………for Legal Aspects of U.S. Health Care System Administration in…………………………………………………………………………………………………………………..
Please use legal reasoning (FIRAC) to respond to this assignment Sequent Products makes washing machines. Over the phone, Sequent offers to sell Treadwater Appliance Outlet one hundred model fx2013 washers at a price of $150 per unit. Sequent says that it will keep the offer open for thirty days. Treadwater responds that within two or three weeks it will decide whether to accept. One week later, Sequent e-mails, and Treadwater receives, notice that the offer is withdrawn. Treadwater immediately phones Sequent to accept the $150-per-unit offer. When Sequent refuses to deliver at that price, Treadwater files a suit. Sequent asserts, first, that there is no contract and, second, that if there is a contract, it is unenforceable. Facts 1. 2. 3. Issue: Whether Sequent’s telephone offer was a Merchant’s Firm Offer when it promised to keep the offer open for 30 days. Rule: Merchant’s Firm Offer 1. Merchant 2. Makes an offer 3. Available for a specified period of time 4. In writing 5. Is irrevocable Analysis: 1. Merchant Sequent manufactures washing machines so is a merchant 2. Makes an offer Sequent made an offer to Treadwater of $150 per unit 3. Available for a specified period of time Sequent committed to keeping the offer open for 30 days 3. In writing Sequent made the offer by telephone 4. Is irrevocable As there was no writing this offer was not a “Merchant’s Firm Offer.” Conclusion: Whether Sequent’s telephone offer was NOT a Merchant’s Firm Offer when it promised to keep the offer open for 30 days
The case study indicated that there were three facts: (1) Sequent make an offer to Treadwater over the telephone. (2) Treadwater responded that it will make decision within two to three weeks. (3) Sequent withdrew the offer before the time elapses. These are the facts surrounding the case.
Issue
The issue in this case is determine whether when Sequent’s offer was merchant’s firm because they promise to offer washing machine at $150 per unit and the offer would last for 30 days. In order to come up with good legal reason, it will be prudent to evaluate the condition under which Sequent made the offer.
Rule
For an offer to be valid, there are conditions that must be met. For instance in this case study the first rule is that the offer was merchant, the second rule is that an offer was made, the third rule is that the offer was open for a specific……………………………………………………………………………………………………………………………………………………………………………………………………………………………….legal reasoning (FIRAC)…