BusinessBrief_4_28_24

1. A person with a disability has applied for a job with an employer who is subject to the ADA. The job applicant has the knowledge and experience required for the job and is the most qualified candidate. However, because of a disability, the applicant would need additional equipment, including an adjustable desk and an adapted keyboard and mouse, to perform the job. What kind of accommodations does the ADA require the employer to make? a) The employer must purchase the additional equipment so that the employee can do the job.  b) The employer can hire a person who can do the job without adaptive equipment, even if that person is less qualified. c) The employer can hire the person, but require that they provide their own adaptive desk, keyboard, and mouse. d) The employer must make any accommodation the person requires to do the job, even if it presents a hardship for the employer. 2. Armand lives in a group home. He stays in his room almost all day, every day. The staff…

Topic: Terminations Termination is more associated with legal action than any other employment practice. Review the sections in Chapter 16 on wrongful and constructive discharge and legally safe methods for conducting terminations and apply the concepts to the two discussion topics. Please label your initial response sections as part A and part B. Part A: Wrongful and Constructive Discharge Explain wrongful discharge and constructive discharge, and provide an example of each. Do you believe that employers should be required to follow just cause/due process for terminations? Why or why not? Explain your answer. Part B: Terminations What steps would you take as a human resource professional to ensure that terminations are conducted in a legally sound manner?

David heads the research department of a large brokerage firm. The firm has many analysts, some of whom are subject to the Code and Standards. If David delegates some supervisory duties, which statement best describes her responsibilities under the Code and Standards? 1. David retains supervisory responsibility for all subordinates despite her delegation of some duties. 2. David's supervisory responsibilities do not apply to those subordinates who are not subject to the Code and Standards. 3. David no longer has supervisory responsibility for those duties delegated to her subordinates. 4. David should only supervise closely those subordinates who are not subject to the Code and Standards. (Ctrl) -

BELLEVUE UNIVERSITY Patient Information Ethical Dilemma Nurse Jones is aware that one of the residents at Paris Lights where Terrence works [Barry Black] has a very weakened immune system, and any exposure to MRSA could be dangerous. Terrence is discharged from the hospital and given a special course of antibiotics to treat his condition. When Nurse Jones arrives at her next shift at Paris Lights about a day after Terrence's discharge from the hospital, she notices from the client treatment records that Terrence has been working with Barry Black over the past two weeks. Dangerous Circumstances

Background Information This week's Discussion involves the controversial subject of employee lie detector testing at work. A polygraph is probably the most well-known type of lie detector. The Employee Polygraph Protection Act of 1988 (EPPA) 29 U.S.C. 2001 strictly limits the ability of private-sector employers to use any device to make a diagnostic opinion as to the honesty or dishonesty of an individual. Under EPPA, employers may not: require or request any employee or job applicant to take a lie detector test, or discharge, discipline, or discriminate against an employee or job applicant for refusing to take a test. use or inquire about the results of a lie detector test or discharge or discriminate against an employee or job applicant on the basis of the results of a test or for filing a complaint or for participating in a proceeding under EPPA. Despite these prohibitions, limited exceptions allow employers to administer polygraph tests, but not other forms of lie detector…

Background Information This week's Discussion involves the controversial subject of employee lie detector testing at work. A polygraph is probably the most well-known type of lie detector. The Employee Polygraph Protection Act of 1988 (EPPA) 29 U.S.C. 2001 strictly limits the ability of private-sector employers to use any device to make a diagnostic opinion as to the honesty or dishonesty of an individual. Under EPPA, employers may not: require or request any employee or job applicant to take a lie detector test, or discharge, discipline, or discriminate against an employee or job applicant for refusing to take a test. use or inquire about the results of a lie detector test or discharge or discriminate against an employee or job applicant on the basis of the results of a test or for filing a complaint or for participating in a proceeding under EPPA. Despite these prohibitions, limited exceptions allow employers to administer polygraph tests, but not other forms of lie detector…

Question 2 Which of the following is a true statement? A. As a general rule, if the Statute of Frauds requires a contract to be evidenced by a writing an oral contract will be unenforceable. B. The “part performance” exception to the Statute of Frauds may permit an oral contract for the sale of land to be enforced merely if part of the purchase price is paid. C. A mortgage represents an interest in personal property and thus can be oral. D. A contract for lifetime employment must be in writing to be enforceable since usually if will be for a long time. Question 4 Which of the following is true regarding Title VII of the federal Civil Rights Act in the workplace? a. The plaintiff employee must always prove a malicious, wrongful intent to discriminate on the part of the defendant employer against the employee to prevail in a Title VII civil rights lawsuit. b. Only “big” employers with 2000 or more employees are covered by the federal Title…

Business Scenarios and Case Problems 18-1. Conditions of Performance. The Caplans contract with Faithful Construction, Inc., to build a house for them for $360,000. The specifications state "all plumbing bowls and fixtures... to be Crane brand." The Caplans leave on vacation, and during their absence, Faithful is unable to buy and install Crane plumbing fixtures. Instead, Faithful installs Kohler brand fixtures, an equivalent in the industry. On completion of the building contract, the Caplans inspect the work, discover the substitution, and refuse to accept the house, claiming Faithful has breached the conditions set forth in the specifications. Discuss fully the Caplans' claim. (See Conditions.)

Choices: For the Employer, For the worker/employee, or for another person. 1. Comply with occupational safety and health standards including training, medical examination, and where the necessary provision of protective and safety devices. 2. Comply with the provision of this R.A. 110591 and in any regulations issued by the secretary of labor and employment. 3. Provide where necessary, for measure to deal with emergencies and accidents including first aid arrangements.

1.    Need a self-explanatory analysis of the following case of Teacher who died as a result of injuries sustained on a picnic. Also include personal thoughts on the case. Workers' Compensation  Ronald Wayne Smith was employed by Modesto High School as a temporary math instructor. In addition, he coached the girls' baseball and basketball teams. The contract under which he was employed stated that he "may be required to devote a reasonable amount of time to other duties" in addition to instructional duties. The teachers in the school system were evaluated once a year regarding both instructional duties and non instructional duties, including "sponsorship or the supervision of out-of-classroom student activities."   The high school's math club holds an annual end-of-year outing. A picnic was scheduled to be held at the Modesto Reservoir. The students invited their math teachers, including Smith, to attend. The food was paid for by math club members' dues. Smith attended the picnic with…

18.6 Independent Contractor Yvonne Sanchez borrowed money from MBank to purchase an automobile. She gave MBank a security interest in the vehicle as collateral to secure the loan. When Sanchez defaulted on the loan, MBank hired El Paso Recovery Service, an independent contractor, to repossess the automobile. The two men from El Paso who were dispatched to Sanchez’s house found the car parked in the driveway and hooked it to a tow truck. Sanchez approached them and demanded that they cease their efforts and leave the premises, but the men nonetheless continued with the repossession. Before the men could tow the automobile into the street, Sanchez jumped into the car, locked the doors, and refused to leave. The men towed the car at a high rate of speed to the repossession yard. They parked the car in the fenced repossession yard, with Sanchez inside, and padlocked the gate. Sanchez was left in the repossession lot with a Doberman Pinscher guard dog loose in the yard. Later, she was…

Brad Pitt v. Sam Peterson, the hot dog vendor.  Brad seeks the return of his car keys.

Discussion Question You had an employee Sam who came to work intoxicated and fell down, broke his leg and spilled scalding hot coffee on another employee Mary and a guest George. Explain the legal concepts as to who would be liable for medical expenses, and the reason for your conclusion. Want to Improve Your Grade?

Harry, Bill and Martha are the executive directors of Xilang Pty Ltd. Harry runs day to day business of the company and Bill is in charge of the company marketing activities. Martha relies on her husband, Harry, to give her information. She rarely attends directors' meeting and does not bother to read weekly reports about the company financial position. What directors' duty has Martha breached in this situation? Select one: a. Duty of care and diligence. b. Duty to avoid improper use of information. c. Duty to prevent insolvent trading. d. Duty to disclose material personal benefit.

Hurry, please: 28. As per "Inside Ralph Nader's American Museum of Tort Law" what 1966 federal law did Ralph Nader influence?

Susan owns and operate a food processing factory in New Territories Hong Kong. Susan bought worker’s compensation and employer’s liability policy to protect herself for workers job related-injury or occupational disease. Explain whether the following situation are covered under this policy.   A customer entered Susan’s factory and was hurt by a box in the factory. An employee died accidentally because of the machine failure in Susan’s factory.

Employee Absence Joan, an employee of Great American Market, was warned about her excessive absenteeism several times, both verbally and in writing. The written warning included notice that "further violations will result in disciplinary actions," including suspension or discharge. A short time after the written warning was issued, Joan called work to say she was not going to be in because her babysitter had called in sick and she had to stay home and care for her young child. Joan's supervisor, Sylvia, 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 Joan did not report for her shift, Sylvia suspended her for fifteen days. In a subsequent hearing, Joan argued that it was not her fault that the babysitter had cancelled, and protested that she had no other choice but to stay home. Sylvia pointed out that Joan had not made a good-faith effort to find an alternate babysitter, nor had she tried…

Employee Absence Joan, an employee of Great American Market, was warned about her excessive absenteeism several times, both verbally and in writing. The written warning included notice that "further violations will result in disciplinary actions," including suspension or discharge. A short time after the written warning was issued, Joan called work to say she was not going to be in because her babysitter had called in sick and she had to stay home and care for her young child. Joan's supervisor, Sylvia, 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 Joan did not report for her shift, Sylvia suspended her for fifteen days. In a subsequent hearing, Joan argued that it was not her fault that the babysitter had cancelled, and protested that she had no other choice but to stay home. Sylvia pointed out that Joan had not made a good-faith effort to find an alternate babysitter, nor had she tried…

Employee Absence Joan, an employee of Great American Market, was warned about her excessive absenteeism several times, both verbally and in writing. The written warning included notice that "further violations will result in disciplinary actions," including suspension or discharge. A short time after the written warning was issued, Joan called work to say she was not going to be in because her babysitter had called in sick and she had to stay home and care for her young child. Joan's supervisor, Sylvia, 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 Joan did not report for her shift, Sylvia suspended her for fifteen days. In a subsequent hearing, Joan argued that it was not her fault that the babysitter had cancelled, and protested that she had no other choice but to stay home. Sylvia pointed out that Joan had not made a good-faith effort to find an alternate babysitter, nor had she tried…

Employee Absence Joan, an employee of Great American Market, was warned about her excessive absenteeism several times, both verbally and in writing. The written warning included notice that "further violations will result in disciplinary actions," including suspension or discharge. A short time after the written warning was issued, Joan called work to say she was not going to be in because her babysitter had called in sick and she had to stay home and care for her young child. Joan's supervisor, Sylvia, 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 Joan did not report for her shift, Sylvia suspended her for fifteen days. In a subsequent hearing, Joan argued that it was not her fault that the babysitter had cancelled, and protested that she had no other choice but to stay home. Sylvia pointed out that Joan had not made a good-faith effort to find an alternate babysitter, nor had she tried…

Employee Absence Joan, an employee of Great American Market, was warned about her excessive absenteeism several times, both verbally and in writing. The written warning included notice that "further violations will result in disciplinary actions," including suspension or discharge. A short time after the written warning was issued, Joan called work to say she was not going to be in because her babysitter had called in sick and she had to stay home and care for her young child. Joan's supervisor, Sylvia, 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 Joan did not report for her shift, Sylvia suspended her for fifteen days. In a subsequent hearing, Joan argued that it was not her fault that the babysitter had cancelled, and protested that she had no other choice but to stay home. Sylvia pointed out that Joan had not made a good-faith effort to find an alternate babysitter, nor had she tried…

Laura is one of the best website designers in the city. Marty and Laura have entered into a contract for Laura to design Marty’s website. After she begins working on the website, but before the website is completed, Laura is hired to design a website for another client for much more money. Laura refuses to complete designing Marty’s website, because she must focus all of her time on designing the website for her new client. She suggests that Marty hire another website designer to complete his website. Marty does not want to hire another website designer because, in his opinion, there is no one as good as Laura. Marty wants to sue Laura to force her to complete designing his website. Assuming the court finds that Laura has breached her contract with Marty, will the Court order Laura to complete the design of Marty’s website? Explain your answer by identifying the legal issue, stating the relevant law, and applying the law to the facts.

FACTS: Noel is a computer programmer at Jonadel Corporation. He was delighted to know that part of the company’s athletic program is a mixed doubles tennis tournament to be held at the corporate tennis court. Grace, who works in the same department, used to play with Noel on many occasions and the two would like to compete in the tournament. They feel that there is a great chance to win the annual tennis competition. There is a growing interest among employees who are tennis players in the corporation as it develops more productivity at work. The management themselves are all tennis enthusiasts. The tournament is scheduled on Friday afternoon and management declared this as a “tennis holiday”. It is a day of fun and workers can cheer for their respective teams. Management supported the program with free snacks and fun fairs to make the occasion memorable. It was a four – consecutive Friday’s tournament. Noel and Grace advance to the final round. They were leading in the third set which…

13) Garrett works as an electrician, going into people's homes and offices to set up and repair 13) electrical systems. When he sees a dangerous condition, he reports it to the home or business owner immediately and begins working to fix the situation. He wears safety goggles and gloves while he is working, and he has a comprehensive insurance plan with income protection in the event that he becomes unable to work. Garrett's actions are most related to Maslow's needs. A) social B) physiological C) esteem D) self-actualization E) security

FACTS: Noel is a computer programmer at Jonadel Corporation. He was delighted to know that part of the company’s athletic program is a mixed doubles tennis tournament to be held at the corporate tennis court. Grace, who works in the same department, used to play with Noel on many occasions and the two would like to compete in the tournament. They feel that there is a great chance to win the annual tennis competition. There is a growing interest among employees who are tennis players in the corporation as it develops more productivity at work. The management themselves are all tennis enthusiasts. The tournament is scheduled on Friday afternoon and management declared this as a “tennis holiday”. It is a day of fun and workers can cheer for their respective teams. Management supported the program with free snacks and fun fairs to make the occasion memorable. It was a four – consecutive Friday’s tournament. Noel and Grace advance to the final round. They were leading in the third set…

Text When is a mortgage clause used in connection with insurance on a property? The insured lends money to a third party to build a house and adds the value of that property to their own policy. Text A mortgagee has a financial interest in the insured's property and wishes its interest protected under an insurance policy. The amount of insurance is insufficient to meet the amount owing under a mortgage. The mortgage holder wishes extra perils insured which are not included in the policy wording.

Contract for service leads to Question 5Answer a. Bonus payment under contract when work is satisfactorily concluded b. Away from work, yet timely deliverables of outcomes c. Contract engagement d. Tenureship or permanent employment, subject to the laws of separation

41. In relation to the ICAEW code of Ethics, a consultant has made the following statements: (1) ICAEW requires a member employed in a business lo implement the Code of Ethics for the business itself (2) The principles in the Code of Ethics underle each professional accountant's professional judgements, decisions, reasoning and practice Identify whether these statements are accurale or inaccurate. Statement (1) accurate, Statement (2) inaccurate Satement (1) inaccurate, Statement (2) inaccurate Statement (1) accurate, Stalement (2) accurate Statement (1) inaccurate, Statement (2) accurate   42. An external consltant has two statements about the organisational iceberg model of organisational behaviour put forward by Heliriegel, Slocum and Woodman.    (1) Organisation design is an overt aspect of the organisation    (2) The formal aspects of the organization are correct Are these statements accurate or inacurrate ? Statement (1) inaccurate;   Statement (2) accurate Satement (1)…

explain the need of employee transfer . (management question )

Case: Dismissal for constitutive act of sexual harassment against an employee Ms. Cruz was in her work area dispatching a patient file “standing and bent” when her supervisor “spanked her hip”. She expressed her indignation and told him that he had been disrespected and lacerated her dignity as a woman. This event occurred in the presence of several colleagues of Mrs. Cruz and around sixty (60) patients. The unwanted physical contact perpetrated by her supervisor towards that intimate part caused her to start crying and had to leave her work area to try to calm down. Since he could not get himself together, he requested authorization to leave his work shift early. Two days later, Mrs. Cruz returned to her place of employment and requested to be relocated to another area. On that same date, the department director interviewed her and drew up a preliminary report in which she described what happened. Later, and as a provisional measure, he relocated both Mr. Rosa and Mrs. Cruz to other…