Case Studies on Wrongful Termination Essay

STATEMENT OF FACTS: Sheila White interviewed with Marvin Brown and obtained a job as a “track laborer” with Burlington Northern & Santa Fe Railway Company. Shortly after her hire date, however, she assumed forklift operator duties. This new assignment still fell under the “track laborer” position description, and White occasionally performed those duties although her primary responsibility was operating the forklift. Three months into her new job, White complained to the company that her immediate supervisor was sexually harassing her on the job. He was temporarily suspended and required to attend sexual harassment training. White was then informed that she was being reassigned to track labor duties only. White

Kelley v. Indep. Sch. Dist. No. 12 was a 2003 wrongful termination case heard by the 10th circuit of the United States Court of Appeals. The issue at hand was if the plaintiff’s 14th amendment procedural due process rights had been violated when he was employment terminated by the defendant school district. The school district had relieved the plaintiff from his position as the school’s head football and wrestling coach after the plaintiff had been ejected from a football game he had been coaching. The plaintiff’s had argued that the school district had violated the coach’s constitutionally granted due process rights by not giving the coach 30-days notice of termination or a post-termination hearing to explain himself. The district court ultimately

Additional Damages– The Courts felt that the employer owes an obligation of good faith and fair dealing in the way in which it dismisses an employee. They did not condone terminating employees in a callous and insensitive way and showing no regard for well-being when terminating an employee. The plaintiff Mr. Beatty stated that his termination was carried out in a dishonest, unfair and insensitive way even though the termination was “without cause”. He was called to Mr. Lebeter’s office and informed of his dismissal and given his letter of termination. He stated this

Facts: Gawley was a police officer who worked for Indiana University for several years. She sued the college because she noted sexual harassment by a higher-ranking officer than she was. She also sued because she felt she was part of a hostile work environment and that officers in her department retaliated against her for filing a complaint with the college. Her final argument was that there was spoliation of evidence. The district court found in favor of the employer. The case did not go to trial because the district court granted summary judgment. Summary judgment is used to avoid trials. The decision was made based on two key decisions made by the Supreme Court in other cases and that the university was able to establish an affirmative defense. The university “may assert an affirmative defense that examines the reasonableness of the employer’s and the target’s conduct” (Kaplin & Lee, 2014, p. 167). Gawley then appealed to the United State Court of Appeals, Seventh Circuit. This case brief will outline the question, holding, reasoning, and significance of this case as it was decided by the United States Court of Appeals, Seventh Circuit.

A lawsuit was filed on March 21, 2016 by Fresno Police Sergeant Cervantes who is suing Fresno Police Department and three other detectives. He states workplace harassment and discrimination due to his Hispanic ethnicity. Further details state, “Sgt. Paul Cervantes accuses Sgt. Tim Tietjen and Detectives Brad Alcorn and Cary Phelps of smearing his reputation with false accusations and spreading rumors that he’s a dirty cop. Tietjen, Alcorn and Phelps are white.”(Lopez, para.2) Such accusations can lead to further tensions, costly legal battles, and government investigations. Sergeant Cervantes seeks unspecified damages, attorney fees for discrimination, retaliation, defamation and malicious prosecution. He also states he has been subjected to such discrimination and harassment since January 2008 to the present. Furthermore, it is not the first time Fresno Police Department has been sued for similar incidences. There is an ongoing problem in the department that needs to be resolve.

Type of action: This is a civil suit against the city of Houston and its police chief for employment retaliation in violation of Nixon First Amendment right to free speech.

Now that I have presented a brief understanding and background of the case against the five officers and the struggles police officers and the community face in South Camden, NJ, I will examine how five officers were led off of a virtuous path by failures of the individuals and the environmental role in their demise. Specifically, I will identify the unethical behavior and contributing factors, provide my ethical opinion on the situation, the effects on the community, and how the culture of Camden Police Department may have

Due to police brutality being such a leading thing in not only my life but also in several black men and women, hearing about the result of this case motivated me to begin to not just read up on the insitution of law but also how to use it to my advantage in becoming a lawyer for cases of injustice much like the one she lead. This isn't her only case against violent criminal prosecutions, Mosby's main promise was to target and prosecute violent offenders, and as of January twenty-fifteen she has kept her promise of prosucting high profile defendants. Her determination and will power to keep her word on something she believed in plays a big part in my moral judgement and my determination on completeing things that I set my mind on doing. Mosby also proves herself to be an innovator, she created the criminal straegies unit to harness the power of the community to identify repeat violent offenders. By doing so, she kept the community involved all the while maintaining her practice, which in turn I respect greatly and want to model my career in law and crisis management after.

Facts of the case: Imagine you are an HR manager and your boss and owner of the company, Bill, comes to you suspecting his assistant, Paige, is stealing money from the company. Bill would like a polygraph test conducted to see if Paige is stealing from the company. He would also like you to conduct electronic surveillance on Paige’s work e-mail for anything suspicious.

“A decade ago, Hempstead’s only full-time black police officer sued, alleging that Chief Smith had dismissed him on a trumped-up charge after he complained about his supervisor’s racial slurs. An African-American couple also sued, alleging that Chief Smith had turned them away when they reported that a white man had assaulted

On June 29, 2009, the last day of the United States Supreme Court’s 2008–09 term, the Court rendered the much anticipated decision in Ricci v. DeStefano, 129 S. Ct. 2658, 174 L. Ed. 2d 490 (2009). Ricci was quickly dubbed the “white firefighter’s case” by many, however, the case involved much more than the firefighters’ asserted right to a promotion.

August 9th 2014, Ferguson Missouri, an unarmed black teen Michael Brown was shot, and fatally wounded by a white police officer by the name of Darren Wilson. As a direct result of deciding not to indict Officer Wilson, the black community was out raged! Riots, looting, and damage to businesses soon followed the judge’s ruling. The trial was unlike normal trials which were treated with more expedience in the process, the grand jury in Officer Wilson case met for three months and 25 days. (Buchanan, et. al. 2014)

The case study, Is this a case of discrimination or non-performance, the author discuss the issue between Dr. George Annan, newly hired the assistant professor and Dr. Mary Reed, the department head for the Applied technology and management at Northern Plain University. Dr. Mary Reed was offered a position as the department head in August 2003. She accepted the new position and was excited to run the department. Within two years, she had a great experience working as a head of the department; however, her job got difficult when she encounters issues with African employee. Dr. George Annan was hired in August 2003 as the assistant professor in the Construction Management Program. He was the only African male professor among three White professors. Issues arise when Dr. Mary Reed observes Professor Annan’s teaching styles and other demands which seem to be problematic. However, Dr. Reed did not provide enough information to the professor Annan which makes him think that he is being discriminated. This is a case of non- performance; however, the manager took some poor steps which lead to the issues.

The statutory claim for unfair dismissal recognises that the common law cannot give adequate protection to the employees through the contract of employment, in that wrongful dismissal claim depends upon a breach of contract of the employment, usually in the form of inadequate notice being given by the employer. Many dismissals can be considered unfair that do not amount to the breach of the contract, for the wrongful dismissal claims look not to intention, motive, or the effect on an employee of a termination of the relationship nor to the procedural protections, but merely to the form of in which that relationship has been brought to the end. This paper will compare and contrast the different area between wrongful dismissal and unfair dismissal.

Presented are four separate cases that have been argued and settled in a court of law. Each of these cases represent a different kind of tort, a tort is a civil wrong or wrongful act, which can be either intentional or accidental, from which injury occurs to another (Hill & Hill n.d.). The torts are as listed, intentional, criminal, negligence, and liability as presented in the four researched cases.