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Case Scenarios in Employment Law
Case Scenarios in Employment Law
Read each of the following scenarios (below) dealing with employment law. For each, please identify the following and submit via Canvas:
- Do you believe the employee in the scenario has a valid complaint and/or discrimination has taken place? Why or why not? What are the key facts in the scenario?
- Under what law(s) do you believe the alleged discrimination has taken place? Please identify the law, by name, through a review of your textbook.
Scenario A
Amy was hired at Neuman Manufacturing six weeks ago. She liked her job except for one thing—several days ago she learned of a gift received by a co-worker that she believed was not ethical. She reported this information to Human Resources and was terminated at the end of the current pay period. Would Amy have a valid complaint against her employer? Why or why not? Last night John went to a party to blow off some steam. Work had been really tough this week. While he was out, some people were passing around some marijuana and John decided that this would help him to relax even more. When he got to work the next day, the mobile drug testing van pulled up to his workplace. John drew a random number and was required to take the drug test—it came back positive for THC. John was terminated for non-compliance with the company’s drug-free workplace policy. John wants to file a charge of discrimination against his employer because he claims that his boss is overbearing and causing him undue stress.
Scenario B
Ed has worked with his employer for 30 years, he started after graduating from college. Despite his years of service, Ed has never advanced above the mailroom. The company announces a new management development program and Ed thinks this is his opportunity to move up in the company. He participates in the tests, scores well enough to be granted an interview, does well in the interview and makes it to the final five candidates. When the four management development positions are awarded, Ed does not receive one. Ed thinks he has been discriminated against.
Scenario C
Suzan works for a bank as a teller, she has been a good employee for over twenty years. A new manager is assigned to Suzan’s branch. One day, when balancing the branch after business is complete, the new manager believes that $10,000 is missing. The manager recounts each drawer and determines that Suzan is off by $10,000. She immediately terminates Suzan on the spot. The internal audit team comes in to follow up, they determine that the manager had mistakenly counted Suzan’s “bait money” as cash in the drawer—thus Suzan was not off by $10,000 at the end of the day.
Scenario D
Frank works as a cashier for a department store. He operates a teller window that takes payments, cashes checks, and answers questions for customers. While riding his bicycle one weekend, Frank has an accident. After six weeks of recovery, Frank returns to work but is unable to stand. His supervisor claims that Frank is required to stand at the cashier’s window and, if he is unable to do this, will have to transfer to a lower-paying job.
Writing Synthesis and Reflection of Learning Paper
Writing Synthesis and Reflection of Learning Paper
Reflect upon the learning that you have accomplished throughout the previous weeks, and assess your achievement of each of the five course outcomes.
CO 1: Discern leadership approaches that facilitate achievement of health outcomes through interprofessional collaborative practice within micro-, meso-, and macro-level systems.
CO 2: Appraise the role of the MSN-prepared nurse to lead safe, efficient, ethical, high-quality, person-centered healthcare across complex systems.
CO 3: Integrate communication modalities that convey cultural humility, value the diverse nature of individuals, and cultivate healthful work environments.
CO 4: Apply change and leadership theories to plan sustainable, evidence-based quality improvement within an atmosphere that supports care for self and others.
CO 5: Recognize individual strengths and opportunities for enhancement regarding leadership characteristics reflective of a MSN-prepared nurse.
For each course outcome, explain the learning that you accomplished. Include at least specific learning activity or assignment that contributed to your achievement of that outcome, and explain how it supported your learning.
Conclude with your plans for continued professional development of leadership competency within your future MSN Nurse Executive role.
Include current, peer-reviewed scholarly support (outside of class resources) to validate your work.
Writing Case Brief Assignment
Writing Case Brief Assignment
To better understand the law with respect to the roles and responsibilities of the occupational safety, health, and environmental professional, you will need to be able to read and understand court decisions and other legal decisions. You can utilize a process that involves reading, analyzing, and briefing decisions. This method is presented in the Preface of our course text.
For this assignment, you are required to read, analyze, and brief one Occupational Safety and Health Review Commission decision by Administrative Law Judges or Commissioners. You should note that the Occupational Safety and Health Review Commission is an independent agency of the U.S. Government that was established by the Occupational Safety and Health Act of 1970 to function like a court to resolve certain disputes under the Act. You can access these decisions from the Occupational Safety & Health Review Commission (Links to an
external site.) website.
There are two areas of OSHA law that you might find in developing your case briefs that should be clarified. The first is OSHA’s General Duty
Clause. In order for OSHA to invoke the General Duty Clause, when there is not an existing OSHA regulation that addresses the hazard, the following conditions must all be present:
1. whether a hazard exists;
2. whether that hazard is recognized;
3. whether the hazard is causing, or is likely to cause, serious physical harm to employees; and
4. whether a feasible means exists to reduce the hazard.
The second is an often-used defense of “employee misconduct.” The argument typically goes that the employer told the employee to do it properly and it isn’t the employer’s fault the employee chose not to do so. The “unpreventable employee misconduct defense” is a hard case to prove, but here is a summary (Links to an external site.) of the issue from a law point of view. To summarize, there must also be four conditions:
1. The employer had in place a work rule adequate to prevent the violation;
2. The employer effectively communicated the rule to employees;
3. The employer established methods for discovering violations of work rules, and yet did not know about an isolated violation of the work rules;
and
4. The employer can show documented enforcement of the rule when violations were discovered. Case Brief
Using the format in the Preface, provide a brief of the case. Note that a case brief is not a summary of the whole incident or the OSHA inspection, but rather, a summary of the issues and the facts on each side of the legal argument and why it went to court in the first case. The “issues” are those in which the two sides disagree (and in most cases, the violation that OSHA issued with which the employer disagrees). The “facts” are the facts presented on each side of the argument for each issue. To be specific, in your brief, be sure to include the argument the employer is making to say whatever it was cited for isn’t a valid citation. Also, be sure to include the facts that OSHA presented to show that it was a violation. These, and the letter and the spirit of the law, are the specific issues on which the judge must make the findings, and he or she does so based on the facts presented. Then be sure to provide your opinion on the court’s decision, also based on the facts presented. As part of your opinion on the court’s decision, explain the importance of the role of the court system in interpreting regulations and influencing how occupational safety and health and environmental laws are implemented.
Keep the summary of the incident itself to a bare minimum except for how it impacts the court case. The brief is more about the court findings and the legal arguments, not the incident itself.
This assignment will enable you to complete the following: effectively search for and locate safety and health-related decisions from the OSHRC; research, read, and analyze decisions; better understand the law with respect to occupational safety, occupational health, and the environment; and, utilize decisions to improve safety and health compliance for work organizations.
Students should not replicate briefings that are already published.
The brief should be compiled into an APA formatted paper that includes a title page and appropriate citations and references but does not require an abstract. There is no paper length requirement, but each briefing is generally three pages when double spaced.
***Class Text Book is “Legal Liabilities in Safety and Loss Prevention, 3rd edition, Thomas D Schneid.”***
***https://www.ehstoday.com/standards/article/21915187/litigating-workplace-safety-and-health-disputes***
***http://eil.stanford.edu/regnet/RegulatoryProcessA.htm***