Case Title : NLRB on behalf of Mrs. Dawn vs. American Medical Response of Connecticut Company Case number: 34-CA-012576 Date Opened: 01/19/2010 Status: closed Presentation of the Case The case filed by NLRB was between the American Medical Response of Connecticut in New Haven and one of their employees called Mrs. Dawn. Upon verbal disagreement with her supervisor, Mrs. Dawn posted a negative remark on her private facebook wall about the supervisor. The remark attracted comments from her staff mates. On reporting to work the following day, she was suspended and later fired. The company argued that her act was a violation of their internet policy by criticizing her overseer online. The Hartford NLRB office filed a complaint of unlawful dismissal of Mrs. Dawn stating that the party was involved in protected concerted activity on Facebook at the time when she criticized her senior. In addition, NLRB identified several unlawful provisions within the company’s manual of conduct. However, before hearing, the company opted for an out of court settlement with Mrs. Dawn besides revising their unlawful provisions in their handbook. Rationale of the NLRB Decision I agree with NLRB’s decision since Dawn activity can be classified as a concerted activity. Reflectively, a concerted activity is that which involves an employee expressing views t other employees with the intention of either criticizing or suggesting an alternative response to mistreatment at place of work.
I am bringing the following complaint against Diane Roznowski because of her violation of our chapter’s Phi Alpha Delta bylaws in chapter II, section I and chapter I, section v (specifically regarding American University Social Media Policy Guidelines Article II, Section II). Today after chapter, I asked the graduating seniors in the room we were holding chapter to leave the room so I could discuss senior send-off. I made an announcement stating that I would be in charge of organizing the senior send-off for this semester. As a result, I opened up the floor to questions and suggestions. Melina Hernandez suggested making personal baskets or gifts for seniors in their specific families within the chapter so that there would be a larger sense of families within our chapter. Melina also expressed that she was more than willing to collaborate with me in that aspect of senior send-off, which I happily agreed to. Later on that evening, Diane added me to a group chat on Facebook and suggested we get something for Kate, who is a graduating member of our chapter within the Warren family. She also added Jackie Pelella to the chat, who is no longer a part of the Warren family since she was the Associate of a Partner (Denise Andrade) who disaffiliated from Phi Alpha Delta and American University for personal reasons. As a result, Jackie was officially adopted into the Kennedy family. When she made this clear in the group chat, she also mentioned that she would be contributing to the
The plaintiff in Ard v. East Jefferson General Hospital, stated on 20 May, she had rang the nurses station to inform the nursing staff that her husband was experiencing symptoms of nausea, pain, and shortness of breathe. After ringing the call button for several times her spouse received his medication. Mrs. Ard noticed that her husband continued to have difficulty breathing and ringing from side to side, the patient spouse rang the nursing station for approximately an hour and twenty-five minutes until the defendant (Ms. Florscheim) enter the room and initiated a code blue, which Mr. Ard didn’t recover. The expert witness testified that the defendant failed to provide the standard of care concerning the decease and should have read the physician’s progress notes stating patient is high risk upon assessment and observation. The defendant testified she checked on the patient but no documentation was noted. The defendant expert witness disagrees with breech of duty, which upon cross-examination the expert witness agrees with the breech of duty. The district judge, upon judgment, the defendant failed to provide the standard of care (Pozgar, 2012, p. 215-216) and award the plaintiff for damages from $50,000 to $150,000 (Pozgar, 2012, p. 242).
James, I fully agree that it will be ill- advised to follow the HMH board members advocating for Mr. Longs's medical history release. The confidientiality of a patient records is to be strongly valued and release of such records are to be strictly construed in accordance with their terms. In the case called Hageman v. Southwest General Health Center the plantiff Kenneth Hageman, was recieving psychiatric treatment and during his course of treatment his wife sued him for divorce. Well, too make a long story short, Mr. Hageman gave authorization to his wife attorney for release of his medical records due to a custody battle. Therafter, his wife attorney released his records to the prosecuting attorney in his wife assult case against Mr. Hageman.
Jan Hughes, Plaintiff-Appellant v, Boston Scientific corporation, Defendant-Apellee., 631F .3d 762 (2011), United States Court of Appeals, Fifth Circuit (January 21, 2011)
Facts: This is a Title VII action alleging harassment based on national origin and religion. The facts are set forth in the light most favorable to Rafiq. On May 11, 2001, Mohommed Rafiq was hired as a car salesman. Rafiq was born in India and is a practicing Muslim. The alleged harassment began on September 11, 2001. When he arrived for work that afternoon, his co-workers were watching news coverage of the terrorist attacks and one of them asked him in a mocking way, "Where have you been?", as if to infer that he had participated in the attacks.
Separate Opinions: Judgment was affirmed by Judges Lundberg Stratton, O’Donnell, and Cupp, JJ. , as they believed Allen was discharged for taking unauthorized breaks from her scheduled employment. Since Allen failed to present evidence of a discriminatory motive from Isotoner, or that reason for releasing her from employment was a ground for discrimination, Lundberg Stratton, O’Donnell, and Cupp, JJ. felt only the issues presented by the facts of Isotoner discharging Allen due to ‘unauthorized breaks’ should be decided on, while issues of the facts not directly placed on issue should only be responded to with advisory opinion.
1. Their uses of cash were primarily used for paying off debt and investing it in marketable securities. Also they spent some of their cash on fixed assets. Even though their ending cash was lower than the previous year, they were using their cash effectively.
I was notified by the corporate attorney about a former employee filing a claim for Constructive Discharge under Title VII of the Civil Rights Act of 1964. Upon notification I did the following research into the position we as a company need to take.
The Hartford NLRB office filed a complaint of unlawful dismissal of Mrs. Dawnmarie stating that the party was involved in protected concerted activity on Facebook at the time when she criticized her senior. In addition, NLRB identified several unlawful provisions within the company’s manual of conduct. However, before hearing, the company opted for an out of court settlement with Mrs. Dawnmarie besides revising their unlawful provisions in their handbook.
Per the FMLA, the employee is ordinarily entitled to return to the same shift or equivalent work schedule. In Hunt v. Rapids, the employee contended that the full-time nurse night shift position was not equivalent to the day shift position. The Medical Center contended that the positions were equivalent because the compensation and duties were the same. Hunt v. Rapids Healthcare Sys, 277 F.3d 762 (5th Cir. La. 2001). However, the court of appeals reversed the summary judgment in favor of the employer because it violated her substantive rights under the FMLA by failing to restore her to her previous or equivalent position when she returned from her leave. Id. at 772.
Paige could bring a state court lawsuit based on the torts of IIED and invasion of privacy, or a federal court action based on those torts plus hostile work environment under Title VII of the Civil Rights Act of 1964. She could also file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) making similar claims under Title VII (Maatman, Jr. & Degroff, 2012), especially hostile work environment.
This paper will outline a complaint process and illustrate the civil litigation that could follow if the Equal Employment Opportunity Commission, through mediation and arbitration cannot resolve a charge. The complaint is based on a scenario of an employee, named John. John works for a private sector business and he wishes to lodge a complaint of discrimination against the company he works for. This paper will explain the steps that are taken, from the beginning with the (EEOC), Equal Employment Opportunity Commission. The paper will continue explaining the process by illustrating the civil litigation steps from the state level to the highest level of the United States Supreme Courts.
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This report reviews and analyzes individual rights afforded by the constitution and their applicability to the suit for wrongful termination in the case of Korb versus Raytheon. The specific constitutional rights under review are the freedom of speech, freedom of information and challenges associated with employment law. Lawrence Korb, a former Assistant Secretary of Defense and current employee of Raytheon, a large equipment manufacturing company for the U.S. military was terminated after making public statements criticizing defense spending and calling for a reduction of Navy’s fleet. Raytheon, a manufacturer of
For example, in the case of Lois Robinson co-workers would post pornographic pictures and make suggestive comments when they noticed her pass by. Although, this did not affect her pay or the terms and conditions of her job she was subjected to a hostile work environment. Lois Robinson filed a suit against Jacksonville Shipyards Inc., for sexual harassment. However, the challenge for the court is to determine what is considered discomfort. The judge ruled that the display of pornographic pictures and pinup calendars was a visual assault on the emotional response of female workers due to the conditions sexual harassment under the “hostile working environment” provision. (Boatright 2007) Keep in mind that the court decision did not state that the display of pictures always constituted sexual harassment. The problem was the scarcity of women workers in a shipyard, and the lack of women in authority and the occurrence of verbal harassment including explicit sexual remarks. Jacksonville Shipyards Inc. (JSI) were federally contracted to repair U.S. Navy ships, therefore, they are required to have an affirmative action plan. In the company policy it stated that any violation should be reported to the Equal Employment Opportunity Coordinator in the facility. Unfortunately, supervisors at the shipyard were unaware that such policy existed and it was not included in the standard JSI