PRECENDENT I Unlawful Termination A similar case where an employee claimed unlawful termination in comparable circumstances is Megivern v Glacier Hills Incorporated. In this case the employee, Megivern, alleged that her employer, Glacier Hills Inc. unlawfully terminated her due to her pregnancy. The judgement was ultimately given to Glacier Hills Inc and the termination was sustained. Glacier Hills was able to show the reasoning surrounding Megivern’s termination by providing her performance records. Megivern was a less than desirable employee and the timing of her termination was not due to pregnancy (Megivern v. Glacier Hills
Wrongful Termination (a.k.a. Wrongful Dismissal) is a legal phrase that refers to any situation in which a worker’s employment is ended by the employer (terminated) in breach of contractual terms of employment, or due to any of the following: discrimination, retaliation, an employee’s refusal to be involved in illegal activity, or an employer’s
Is This Unlawful Discrimination? Ricardo A. Ruvalcaba University of the Incarnate Word January 27, 2015 Is This Unlawful Discrimination? Unlawful discrimination occurs when an employer commits an adverse action against an employee because of the following attributes of the person: race, color, sex, age, pregnancy, etc. The Equal Employment Opportunity
The Plaintiff cannot seek damages on either of the claims listed above. The Plaintiff will be able to move forward with her suit against the Defendants in the areas of heightened-risk and negligence, here is why:
Facts and Laws: Unlawful Termination The company has the right to terminate an employee as long as the termination does not discriminate or
| SUMMARY OF FINDINGS | The company is covered under the Family Medical Leave Act of 1993. The employee was eligible for unpaid leave, gave notice, and was granted unpaid time off. The employee was reinstated to the same position upon return to work with the same salary.THE COMPANY DID NOT VIOLATE THE FAMILY MEDICAL LEAVE ACT OF 1993.
Short Paper: Employment Law Southern New Hampshire UniversityIdentification of the Laws Pertinent to the Case While discrimination in the workplace based on sex, race, national origin, and other such characteristics can certainly lead to wrongful termination, those types of claims are usually classified as a separate legal topic known as Title VII law (because they are based on protections found in Title VII of the Civil Rights Act of 1964). Companies may not terminate their employee because of their nationality, color, race, gender, religion, age, disability, or pregnancy. For the most part, companies have policies set up to which they must abide to when wanting to terminate an employee. The employment status of the employee
Employment Law Midterm 1. DePeters, Co. is sued for sex discrimination on the grounds that too few women are hired because fewer women than men achieve passing scores on a required manual dexterity and physical strength test. DePeters, Co. offers in its defense that even though fewer women score high enough on the test, a greater percentage of the passing women are hired. The company maintains that, as a result, the percentage of women in the workforce mirrors the percentage of available women in the labor pool. A group of women who took the test and failed file suit. Explain the basis for the cause of action, and analyze the merits of the cause of action, employer defenses, and likely outcome. Support your response with applicable
What if the employer dismissed an employee without following some procedures proscribed by the contract? The case of Gunton v Richmond-upon-Thames London Borough Council (1980) provided an answer on this matter, “if the contract
Hi Magda, Wrong Termination Law provide compensation for damages. The damages include wage loss, emotional injury, punitive damages, and attorney's fees and litigation costs. The verdicts for wrongful termination is between $250,000 and 2,000,000 the reasons include the work life, benefit losses over that time, the trauma of unemployment, associated depression and
This case covers the mitigation of damages. An injured party’s damages may not be reduced by mitigation for her failure to accept or seek other employment of a different or inferior kind.
Based on the facts that are presented in this case study it is clear that a company violation did occur when this IT employee accesses a child pornography site. These violations are violations of the company as well as the federal laws that cover child pornography. In this case
Case 2.2 to be honest has no indications of a legal issue occuring. If Erin Garvey provided more information as to a possible discrimination that occured at the job. Then we would be able to come to a legal decision as to what happened. In the case description there is no clear reason as to why Erin got terminated. So before we make any assumption toward this case, Erin need to provide more information. As for her superviosor, if the case was brought to court they would also have to provide information as to why Erin was terminated.
It would be wise for Steve’s lawyer to decide if suing Betty or her company is necessary. Lawsuits that attempt to collect monetary compensation for damages are known as civil lawsuits. They are also known as tort cases. This can be determined by whether Betty’s insurance coverage can cover the amount of Steve’s medical expenses, loss of income, or automobile damages. First a complaint or petition would need to be filed with local court. The lawsuit would need to be filed before the statute of limitations is up. The case may be forced into mediation to try and reach an agreement. If mediation fails, the process moves into the discovery phase where information about the case are researched and shared by both sides. If a solid case is compiled,
Contract law seeks to put the parties in the position they would have been in had the contract been performed. He was therefore limited to claiming wages and loss of commission during the contractually agreed notice period. There was no right to exemplary damages or damage to reputation in contract claims. Such claims would have to be actioned in the law of