Chapter 13

Answer the question:    Ahmed is an employee of Bristol Manufacturing Company. Bristol manufactures plastics, which creates large amounts of toxic waste that must then be disposed of. Ahmed is responsible for making sure this toxic waste is properly disposed of. To cut costs, Ahmed decides to divert the liquid waste into a local stream, instead of properly disposing of it. This is a direct violation of the Clean Water Act, a national law that protects the United States’ waterways. Sanford is the director of the division in which Ahmed works and knows that Ahmed is doing this. When the authorities discover Ahmed’s unlawful actions, can Bristol be held criminally liable?   a) Bristol cannot be held criminally liable, even if Sanford knew of Ahmed’s actions. b)Bristol can be held criminally responsible if Sanford knew of Ahmed’s criminal actions.

The Client: Darius Williams, 44, is a single father with three-year old twin boys, who just lost his job as a Finance Analyst. He was employed for nine (9) years with Vroom Finance, a vehicle financing company. Management decided to restructure the company to cut costs and stay competitive. As a result, Darius, along with seven (7) other employees were made redundant. On his exit from Vroom, he received a severance package that included the following: USD $45,496 in cash in accordance with the severance laws in the country Proceeds of USD $19,775 from the company pension plan. If he decides to take cash, he will be taxed 25% by the government. The other alternative is to roll the funds into a new pension plan without penalties or taxes. He now has one month to decide. Three (3) months of health insurance. There are two weeks of coverage left. Three months of life insurance, with the option to continue the plan as an individual. He now has one (1) month to decide. Although losing his…

The Client: Darius Williams, 44, is a single father with three-year old twin boys, who just lost his job as a Finance Analyst. He was employed for nine (9) years with Vroom Finance, a vehicle financing company. Management decided to restructure the company to cut costs and stay competitive. As a result, Darius, along with seven (7) other employees were made redundant. On his exit from Vroom, he received a severance package that included the following: USD $45,496 in cash in accordance with the severance laws in the country Proceeds of USD $19,775 from the company pension plan. If he decides to take cash, he will be taxed 25% by the government. The other alternative is to roll the funds into a new pension plan without penalties or taxes. He now has one month to decide. Three (3) months of health insurance. There are two weeks of coverage left. Three months of life insurance, with the option to continue the plan as an individual. He now has one (1) month to decide. Although losing his…

CEO terminated Linda and terminated five childcare workers, resulting in a violation of the state law regulating ratio requirements. Linda's employer did not give her a reason why she was fired. Linda worked for the corporation for 10 years and consistently had very high scores on her performance reviews before her termination. Linda did not have an employment contract. What are examples of the causes of action that Linda could bring against her former employer and the potential outcomes?

The general rule is that there is no duty to rescue another, absent a special relationship. Was the Court correct to impose a duty on the psychologist to a third party? What are the implications for a society where legal duties to rescue are enforced? What are your refined ideas about the relationship of law and ethical behavior?

The Client: Darius Williams, 44, is a single father with three-year old twin boys, who just lost his job as a Finance Analyst. He was employed for nine (9) years with Vroom Finance, a vehicle financing company. Management decided to restructure the company to cut costs and stay competitive. As a result, Darius, along with seven (7) other employees were made redundant. On his exit from Vroom, he received a severance package that included the following: USD $45,496 in cash in accordance with the severance laws in the country Proceeds of USD $19,775 from the company pension plan. If he decides to take cash, he will be taxed 25% by the government. The other alternative is to roll the funds into a new pension plan without penalties or taxes. He now has one month to decide. Three (3) months of health insurance. There are two weeks of coverage left. Three months of life insurance, with the option to continue the plan as an individual. He now has one (1) month to decide. Although losing his…

Sam, a mid-level manager at his company, continually makes offensive remarks and gestures toward Susan, a non-manager at the company who works in another department. Susan quits her job and brings a lawsuit for sexual harassment. As a general rule under California law, the company Group of answer choices a. is strictly liable to pay general damages for the sexually harassing acts of its managers. b. is not liable if Susan complained about the problem and the company took no corrective action. c. is liable for punitive damages even if senior management had not been made aware of the problem. d. none of the above.

Trevor is a Lecturer at an Institute of Further Education. He is horrified to read an Article by Raymon Bolgersberg in the “Daily News”, a local newspaper claiming that his undergraduate degree was forged in order to get a job. While the Article did not expressly mention Trevor’s name, it did describe the background and his position at the Institute of Further Education in considerable detail. Trevor is concerned that the article may cause him to lose his job.   Advise Trevor of his legal rights if any, against the Author of the Article; and the Newspaper Company.

Tyrone, a U.S. citizen, works for U.S. Oil at its production plant in Iraq. Tyrone has been with U.S. Oil for fifteen years and has always received excellent evaluations. Tyrone applies for a promotion with U.S. Oil to a supervisory role but is not hired for the position. The person hired for the position has been with the company for only two years and is much younger than Tyrone, who is forty-five. Can Tyrone sue U.S. Oil under the Age Discrimination in Employment Act, even though he is not working within the United States?   a)Yes, Tyrone can, because employees working abroad for U.S. employers are protected under the Age Discrimination in Employment Act.   b) No, Tyrone can’t, because any lawsuit brought by Tyrone would have to be under Iraqi law.   c) No, Tyrone can’t, because employees working abroad for U.S. employers are not protected under the Age Discrimination in Employment Act.

You are a manager, and your boss—who is also a friend—has reprimanded a fellow employee (also a friend) in ways that are demonstrably unfair and unethical but not That employee has confided in you with the facts, and you agree. The employee asks you not to mention anything to the boss but to go with her to human resources for support while she reports him for those actions. What would you do, if anything, and why? Explain. One of your direct reports thinks that you are not acting responsibly or in the best interests of the company with him or the department in which you work. The direct report has informed you that your communication and work style are lacking and that this is also causing problems with others in the You are upset over this news and realize it could cause you problems with your boss and those above. What would you do, when, why, and how? You learn that a woman in your department has complained about sexually improper advances toward her by your boss and another more…

Did managers disregard proper procedure when they disciplined Mr. Haier?  Justify your answer.  How much weight should arbitrators give procedural propriety or impropriety when deciding a case like this one?

What issues must the court decide in this case? John Hitman was fired when he was caught carrying a gun into work. He was hospitalized following the incident and was diagnosed with a mental disorder. His attorney informed the company of his mental status and asked that they delay any decision about his employment status. The company fired John for his clear violation of company rules.

Answer the following 1. What are the issues mentioned in the case?2. If you are Betty, how would you have responded to the complaint of Neal Coleman about Lynecia?3. Are Lynecia’s actions and treatment toward betty considered insubordination? List all the reasonsthat might fall under insubordination.

True or False 1. According to the employment at will principle, employers may dismiss their employees whenever they desire, for good or no cause, even for morally wrong causes. 2. Discrimination in employment must involve a decision against employees that is not based on individual merit. 3. Institutional discrimination is discrimination that is the result of the actions of all or many people in an institution and of their routine processes and policies.

Alice, an employee of ABC Incorporation, was warned several times about her excessive absenteeism both verbally and in written as well. The last written warning included notice that further violations will result in serious disciplinary actions that includes suspension or discharge. A short time after the written warning was issued, Alice called work to say she was not going to be in because her babysitter is sick and she had to stay home and care for her young child. Alice's supervisor, Martin, told her that she had already exceeded the allowed number of absences and warned that if she did not report to work, she could be suspended. When Alice did not report for her shift, Martin suspended her for ten days. In a subsequent hearing, Alice argued that it was not her fault that the babysitter had cancelled and protested that she had no other choice but to stay home. Martin pointed out that Alice had not made a good effort to find an alternate babysitter nor had she tried to swap shifts…

Katie (not her real name) was a manager in a food manufacturing factory. She had a number of health and safety practice concerns around COVID-19. While Katie’s employer had some safety measures in place, she was concerned that the factory had not been effectively cleaned and decontaminated, and several employees had tested positive for COVID-19 and were off work. No senior personnel were on-site for Katie to raise her concerns with. As a result of her concerns and the stress they placed upon her, Katie left work and seek your advice. She wanted to report about lack of responsibility on the part of her previous employer that may cause the spread of Covid-19 at the factory. Advise Katie according to whistleblowing policy.

Mark Clapp and Albert DiBrito worked for the Public Safety Department (PSD) in St. Joseph, Michigan. Clapp was the director and, DiBrito was the deputy director. They were under the supervision of the city manager. One day, Clapp told Tom Vaught, a PSD employee, that the previous city manager had hired DiBrito only because DİBrito had been investigating the city manager for possible wrongdoing. Clapp said that DiBrito had dropped his investigation in exchange for the deputy director position. DiBrito learned of Clapp's statement and filed a formal complaint against him on another matter with Richard Lewis, the current city manager. The investigation that followed revealed management problems within the PSD. A consultant hired by the city concluded that Clapp's remarks about DiBrito had been "inappropriate statements for a commanding officer to make regarding a second in charge." However, the consultant also identified issues regarding DiBrito's "honesty, inappropriate statements to…

Donald Wright worked for 15 years as a snack bar cashier for the Sports Arena managed by Stanley Harper’s company. Donald had twice won the company’s “Employee of the Year” award, and Stanley considered Donald a valued and trusted employee who had, on many occasions, performed above and beyond the call of duty. Stanley was surprised when newly installed video surveillance equipment confirmed that Donald, despite rules against it, had, on several occasions, given free food and beverages to friends of his who had visited the arena. Do you believe an employee caught defrauding his/her employer should ever be given a second chance? If so, under what circumstances?

Explain SIX [6] conditions under which whistle-blowing might be justified.

The given scenario involves Joseph and Krystal, who are members of a shared social group and have joined Missile’s Financial Services as middle managers. Each of them reports to a different senior manager, who, in turn, reports to the Managing Director. Periodically, after payday, Joseph, Krystal, and other members of their social group attempt to have lunch together. Joseph expresses distress about his recent experiences with Nicholas, his manager. The issue revolves around a meeting with a new supplier aimed at finalizing a contract. Despite having engaged with the supplier for over two and a half months and reaching a preliminary agreement on costs, Joseph struggled to get Nicholas to review and approve the contract details in the preceding two weeks. The supplier is deemed crucial, offering fast services, a reputable product line, and a favorable cost, even willing to customize stationary at no extra expense. Despite Joseph's efforts, Nicholas, consistently occupied, only briefly…