Disagreement will appear in every organization. How a person handled the disagreement will make a difference in the organization. However, employees should be protected by law as well as organization. This assignment presents several situations where liability issues can occur at any given time. Also, this assignment identifies how the following case applies to the three scenarios: Abella v. Simon, 831 F. Supp.2d 1316 (2011) U.S. Dist. LEXIS 136238 (S.D. Fla. 2011), and how to evade liability issue. Scenario 1 (Filing a Police Report): Ms. Tree a local of Lee, Florida filed a complaint. Ms. Tree has been arrested for many criminal acts. Ms. Tree complained that after being released on December 3, 2012, somebody broke into the …show more content…
The Merry Court says that if a false report is used in some way which damages a subject, some form of legal right might be available, but that is not the situation in the present case. The Constitution is not violated by a police officer 's failure to make a report, the creation of an inaccurate report, or the failure to have an inaccurate report corrected. “This claim fails because there is no rights to have the police write a police report. Courts have held that there is no legitimate right to correct police information. An allegedly incorrect police report fails to implicate constitutional rights; Landrigan v. City of Warwick, 628 F.2d 736, 745 (1st Cir.1980). If it is not a constitutional violation to file a false police report, it cannot be a constitutional” (as cited in Abella v. Simon, 831 F.Supp.2d 1316, (S.D.Fla.2011). Both subjects claiming the officer not filing a police report correctly or not writing a report. Courts have held that there is no constitutional right to a correct police report. Police officer declined to write a police report (as mentioned in Abella v. Simon, 831 F.Supp.2d 1316 (S.D.Fla.2011). Scenario 2 (Recording incidents of violating of rights): Mr. Heir was walking on side of the road with his fishing rods in Deer County. While fishing, Mr. Heir was openly carrying a firearm in a shoulder holster. Of course, the County police stopped Mr. Heirs to determine if he were a
• Harassment by a third party: employers are potentially liable for the harassment of staff or customers by people they don't directly employ, such as a contractor.
Further area left unanswered by Sprod bnf v Public Relations Oriented Security was highlighted in McCracken v Melbourne Storm Rugby League Footbal Club (2005)[16]. This case stated that employer is imposed vicarious liability upon employer for animosity act or criminal act by employees. The case also stated that there must be closely connection within the authority of employees and act by which their employer was considered to be vicariously liable. This case may resolve the entire issues rise in Sprof bnf v Public Relations Oriented Security.
They are bound by the contracts of employment and code of practice and one is accountable for any mistakes or errors made.
38. Which of the following describes when an employer is held vicariously liable for the torts of the “servant” or employee if the employee was acting within the scope of his or her employment?
In the district court trial, the jury sided with the plaintiff and ruled that the St. Louis Hockey Club was vicariously liable for the plaintiff’s injuries. The trial court agreed with the plaintiff’s argument that as per the doctrine of respondeat superior, the defendant was liable for their employee’s negligent actions that led to the plaintiff’s injuries. As part of their
In my paper to follow I intend to better educate and provide examples and different situations dealing with the Fourth Amendment in criminal procedures.
Use the BUGusa, Inc. scenarios and your research to support your answers to the questions listed in the worksheet, classifying the types of torts in each scenario.
In 1980, a precedent was set in a Michigan court case involving a man named Charles Toussaint who was suing his employer, BlueCross Blue Shield, for wrongful termination based on the guidelines set in the employee manual (Alfred and Bertsche 33). The manual stated that employees would only be terminated for just cause, and the court decided that Blue Cross had violated the agreements in the employee manual (34). The court also ruled that even with Blue Cross’s efforts to provide a document that “issued non-binding guidelines” the employee manual was a contract and Toussiant was wrongfully terminated (34). After the precedent set by this case many employers and employees for that matter were reviewing their employee manuals for the type of
4.) Employee Compliance to the Code: The entire staff is expected to be compliant to the rules and regulations set forth by Company X. Reported accounts of non-compliance will lead to an internal investigation of both the accuser as well as the accused; disciplinary action will necessarily follow if company rules and regulations have not been adhered to or improperly dismissed. Granted that there are many different situations that could arise in which one would believe unethical behavior or misconduct transpired; therefore, it is suggested that first the issue in question is evaluated before presenting to one’s direct
One of RAPIDS’s foundational barriers against lawsuits is to approach the business with an attitude of prevention. A few of RAPIDS’s policies will be to implement a three day orientation session and to require each employee to read the employee handbook. All employees who are hired will be required to attend this session and will be subsequently tested to ascertain that
Those familiar with skiing know that there are risks involved when one chooses to participate in the sport. Those risks, however, should be associated with self-inflicted harm caused by mistakes that a skier may make and not unforeseen obstacles and dangerous situations. The injuries sustained by Alex Johnson on the slopes at Bethlehem Ice Solutions (BIS) were not self-inflicted; far from it. They were the result of negligence on the part of BIS who failed to mark boundaries that separates the slopes and caused Craig to crossover onto another slope, walking directly into Alex’s path and colliding into
Some of the risks that business encounter when dealing with traditional litigation is the expenses associated with adhering to the strict timing and procedures that the court deems necessary. One more drawback is not knowing what judge will hear the case and how his personal views can have an effect on the outcome. Traditional litigation can have a negative effect on the business image, which could hurt the business revenues short and long term. Court cost, consultants, and attorney fees could have an impact on business revenue. Traditional litigation areas such as employment lawsuits and contract disputes provide serious potential liability for businesses of all sizes. Employees can sue their employer from a number of work-related issues such as unpaid wages, harassment, and discrimination. A claim that an employee was fired improperly can expose a business to citations and financial liability as well as a bad reputation and the ongoing distraction of a legal case (Foster, 2011).
* Collective rights are rights Canadians hold because they belong to one of several groups in society. They are rights held by groups (peoples) in Canadian society that are recognized and protected by Canada’s constitution. Those groups include Aboriginals, Francophones and Anglophones.
Call of the Question___Discuss the potential “liability” of Teacher and of City Middle School, as well as any defenses each may raise.
* If an employee is within the course and scope of his employment is negligent, both thte employee and the employer will be liable.