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- Describe the duty of fair representation.Lisa applied and interviewed for a manager position at her company and was not selected. She was not given any feedback from the interview, Tony her male coworker was selected for the position. Lisa felt the promotion was unfair, since she had more seniority than Tony, and decided to file a gender discrimination and play with her local equal opportunity commissioner the EEOC investigated the complaint, and did not find any evidence of discrimination. Both Lisa and Tony’s employment was in good standing however, Tony had passed managerial experience, which was listed as a requirement on the job. This aspect, then made him a strong, stronger candidate for the job than Lisa, who had more seniority, but lacked the experience and the next several months, Lisa noticed the change from her manager prior to the complaint being filled he was very personable towards her and often made small talk around the office. After the complaint he was very short with her, and did not engage in any small…A machine operator employee with a major depressive disorder intermittently takes leaves under the Family and Medical Leave Act, resulting in alleged harassment by her employer surrounding her FMLA usage as well as a transfer to various difficult machines after her return from leave. Two months after her last FMLA leave, she is terminated for “improper phone usage.” [Hite v. Vermeer Mfg. Co., 361 F. Supp. 2d 935 (S.D. Iowa, 2005).] explaining your conclusion regarding whether the scenario constitutes a violation of public policy or a breach of a covenant of good faith and fair dealing. Support your conclusion with legal analysis and reasoning. Explain whether any of the scenarios give rise to potential employer liability and what steps should have been taken to avoid the exposure.
- Decide in each of the following instances whether the statement is true or false and motivate your answer. 1. The courts shall apply customary law principles. The only requirement is that the parties to the matter must have requested the court to apply these principles. 2. An advertisement is a valid offer.JimmyCorps places several Facebook ads claiming that his magic tonic protects consumers from coronavirus. Harvey places an order for 50 gallons of the magic tonic to protect himself and his family. Meanwhile, the New York Attorney General commences prosecution of JimmyCorps for fraud—his magic tonic is simply a gallon of bleach, and consumers who have purchased it have become gravely ill or died. Still, JimmyCorps sues Harvey when Harvey refuses to pay for the 50 gallons of tonic he ordered. Can a judge force Harvey to pay JimmyCorps? Why or why not? Note:- Do not provide handwritten solution. Maintain accuracy and quality in your answer. Take care of plagiarism. Answer completely. You will get up vote for sure.The State of Florida has passed a statute nullifying any marriage that has previously been recognized, as well as outlawing any future marriages, for anyone who did not attend college. The statute gives no notice to any married couple and gives them no ability to challenge the statue. This statute has been challenged as unconstitutional by a group of married individuals as well as marriage equality groups. The groups have filed a Writ of Certiorari with the Supreme Court of the United States, which was granted. You are a law clerk for one of the nine Supreme Court Justices. Your task is to outline what arguments might be filed in a brief filed by both sides of this issue, so your Justice will be prepared for the arguments made by either side. Please include arguments for those supporting and those opposing the law. These arguments should focus on: 1. The Equal Protection clause and the Due Process Clause (what analysis will a court perform to decide if there is a violation of these…
- World Color operated a printing plant. a written policy stated: “Baseball caps are prohibited except for [world Color] baseball caps.” The policy permitted employees to accessorize their uniforms “in good taste and in accordance with all safety rules.” The Graphic Communications Conference of the international Brotherhood of Teamsters filed an unfair labor practice charge with the NLRB claiming that the policy prohibited employees from wearing union insignia at work. it said world Color was interfering with its employees’ “right to self-organization, to form, join, or assist labor organizations, . . . and to engage in other concerted activities for the purpose of collective bargaining” as guaranteed by federal law. The NLRB agreed and world Color appealed. Was the baseball cap policy an unfair labor practice?Following the Supreme Court’s reversal of Roe, what rights do women have under theU.S. Constitution to determine whether to terminate their pregnancy? Explain your answerin detailRecording Which of the following options would provide coverage for claims resulting from slander? OA Personal Injury Liability Contractual Liability Liquor Liability Bodily Injury Liability
- A Board of directors had been experiencing a growing divide between its members for some months and one of the directors sought legal advice independently regarding a possible case for harassment and bullying. The Board's solicitor had been trying to steer them through this difficult period but advised that proceedings were imminent and that urgent action needed to be taken to protect the organisation. The remaining members of the board were unable to agree on a way forward and the director who threatened to sue continued to attend meetings so that they became completely ineffective. They became anxious about speaking on the record and were reluctant to permeated every The Board's solicitor suggested mediation, reminding the Board of their obligation to run the organisation as effectively as possible and that mediation is something the Charity Commission favours. tackle the obvious conflict that meeting. The two solicitors agreed to appoint a mediator and the board members engaged in a…Anthem, one of the largest healthcare insurers in the United States, implemented an“avoidable ER” policy to help manage the care of its enrollees. The policy stated thatAnthem would not pay for emergency room visits if the company determined that the visitwas not necessary. The policy, which was instituted in six states beginning in 2015, wasmeant to encourage patients to seek care in appropriate settings. However, providers feelthat this policy might cause patients to avoid emergency treatment, even when it isnecessary. In response to customer and provider complaints, Anthem created severalexceptions: Claims will be covered if a healthcare provider tells a patient to go to theemergency room, if the patient is under 15 years of age, if the patient is outside his or her state of residence, and if the patient had a CT scan or MRI or underwent surgery. Still,providers are unhappy with the policy (Livingston 2018).1-Why did Anthem implement this policy?Under the Age Discrimination in Employment Act (ADEA), employers are prohibited from discriminating against employees on the basis of their age once an employee has reached age 45. Group startsTrue or False True, unselectedFalse, unselected
