Research Question and Introduction Development In this assignment, you will use Chapter 3 of Rossi (2004) as a guide in the development of a proper research question that can be used as the foundation upon which you will build your Final Paper. To further assist you in the development of a practical, measurable, and valid […]
Category Archives: Law
Explain the duty to promote the success of the company contained in the Companies Act 2006.
Explain the duty to promote the success of the company contained in the Companies Act 2006. Using factors from the Act to illustrate your answers, critically evaluate whether or not the duty is successful in requiring directors to deliver &x27;en
Was Dalia an employee or an independent contractor?
Case Analysis Opening Scenarios SCENARIO 1 Dalia worked on a contract basis as an auto mechanic for the clients of an auto repair shop.Whenever there was too much work for the employees of the shop, Dalia would receive a calland be assigned by the shop to do specific repairs on a particular vehicle. Dalia’s specialty […]
Explain the difference between an employee and an independent contractor and the tests that help us in that determination.
Case Analysis LO1 Describe the balance between the freedom to contract and the current regulatoryenvironment for employment. LO2 Identify who is subject to which employment laws and understand the implication of eachof these laws for both the employer and employee. LO3 Delineate the risks to the employer caused by employee misclassification. LO4 Explain the difference […]
Does Jenna have a basis on which to sue for unlawful termination?
Case Analysis SCENARIO 1 Mark Richter is about to retire as head of sales for the company he has been with all his worklife, starting out as a copper pot washer, when he closes on a deal his candy company has beentrying to land for a long time. Just before Mark is to collect his […]
What would be your biggest concern as an employer who read this decision?
Case Analysis Case Questions Does this case make sense to you? Why? Why not? The Court said the employer’s intent does not matter here. Should it? Explain. What would be your biggest concern as an employer who read this decision?
Should a commercial success argument be given more weight by the courts-How should that be balanced with concern for Congress’s position on discrimination?
Case Analysis Case Questions What should be done if, as here, the public likes the employer’s marketing scheme?Do you think the standards for BFOQs are too strict? Explain. Should a commercial success argument be given more weight by the courts? How shouldthat be balanced with concern for Congress’s position on discrimination?
Do you think the Court should require actual evidence of discrimination in disparate treatment cases rather than permitting an inference?
Case Analysis Case Questions Do you think the Court should require actual evidence of discrimination in disparatetreatment cases rather than permitting an inference? What are the advantages? Disadvantages? Practically speaking, is an employer’s burden really met after the employer “articulates” alegitimate non–discriminatory reason for rejecting the employee? Explain. Does the Court say that Green must […]
How might an employer create an “implied-in-fact term,” and how could a failure to follow such policies when terminating an employee create a breach of the contract?
Case Analysis Case Questions Based on Guz, can the implied covenant of good faith and fair dealing apply to anyconditions not actually stated in a contract? In other words, can the covenant apply toanything beyond that which is actually stated in an employment contract? If not, is thereno implied covenant as long as someone is […]
What if Ward’s defense is simply that her poor treatment of Herawi had nothing to do with national origin but that she just really did not like Herawi specifically?
Case Analysis Case Questions Are you persuaded by the state’s evidence that it had an individual of a different nationalorigin who was treated similarly to Herawi? If Ward (or other managers) treated everyoneequally poorly, perhaps there is no national origin claim. What if Ward’s defense is simply that her poor treatment of Herawi had nothing […]
