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Ethics: Medical Law Case Study

… Williams' career, and those affiliated with the office in which Jerry works, the ethical questions regarding the situation also come into play. Jerry may assume that because the patient on the phone notes that he or she is a close friend of Dr. Williams, asserting that the doctor prescribes medications for them on a regular basis, and would likely do so now if he had been present in the office, that a choice to call the pharmacy to refill the medication may be completely merited. In viewing the situation from an issue of morality, Jerry may feel that his inability to prescribe the needed medication may harm the patient on the phone in the long-run, which would have the capacity to alter his judgment as…. [read more]


Employment Law Case Study

… Business

Employment Law

Hernandez v. Hillsides Inc., 47 Cal.4th 272 (2009)

Facts: In September 2003, the plaintiffs Hernandez and Lopez filed a suit against defendants Hillsides and Hitchcock over the use of video surveillance equipment in plaintiffs' office. The complaint consisted of three related causes of action, and sought compensatory and punitive damages. The first cause of action claimed an invasion of privacy. The hidden camera was installed after the director of the facility learned that late at night, after plaintiffs had left the premises, an unknown person had repeatedly used a computer in plaintiffs' office to access the Internet and view pornographic Web sites.

Noting that neither Hernandez nor Lopez had been seen or recorded, the trial court found that there had been no…. [read more]


Disparate Impact Disparate Treatment Case Study

… Disparate Impact/Disparate Treatment case Study

Smith v. City of Jackson

The City of Jackson, Mississippi adopted a revised pay plan granting raises to all city employees in the Police and Fire Departments. Under the revised plan, officers and dispatchers with fewer than five years tenure received proportionately greater raises than employees who had more than five years tenure. Azel Smith and twenty-nine other police department employees over the age of 40 sued Jackson, Mississippi, and the city police department in federal district court pursuant to the Age Discrimination in Employment Act (ADEA). The Plaintiffs made two claims: (1) disparate treatment, i.e., the pay plan was intentionally discriminatory; and (2) disparate impact, i.e., the pay plan was unintentionally discriminatory. The trial court ruled for city on…. [read more]


Employment Law and ADA Discrimination Term Paper

… [footnoteRef:18] Anecdotally, friends from Korea often state that eyelid surgery in Asia has become incredibly popular and widely adapted as a competitive edge in the workplace. Those Asians who do not receive the surgery often find themselves discriminated against on the basis of stereotypes. It is not difficult to imagine, that likewise, there may emerge a time when it is in one's best employment interest to participate in cybernetic enhancements. [18: Id. At 1333.]

B. Obligations of Employers and Employees

Of particular importance in light of Congressional intent is to place a greater burden and responsibility on Employers in the ADAAA, the widespread use of cybernetics may herald a reconfiguration of responsibilities for 'accommodation' under the ADAAA. As things stand right now, the determination will…. [read more]


Employment Laws Encompasses Various Essay

… This I achieve by monitoring administration of standards. I also make sure that I keep those in higher ranks of management updated on new developments that come up. I do that by making an effort to ensure am always studying about Human Resource policies and programs.

HIRING A NEW EMPLOYEE

The main thing that employers should consider when choosing employees is the type of work is being done and the kind of person they what. When an employer is clear about this, then litigation will never be heard of in any organization.

Steps of hiring an employee

The first and very important thing that one should always put in mind is to treat all the employees the same. That is viewing them in a manner…. [read more]


Employment Law Case Research Paper

… (Workplace Fairness, 2013)

Examples of unlawful national origin discrimination are the following stated types of discrimination based on national origin:

(1) Affiliation: Harassing or otherwise discriminating because an individual is affiliated with a particular religious or ethnic group.

(2) Physical or cultural traits and clothing: Harassing or otherwise discriminating because of physical, cultural, or linguistic characteristics, such as accent or dress associated with a particular religion, ethnicity, or country of origin. Height and weight requirements can also be evidence that an employer discriminates against a specific national origin, if the requirements do not relate to the job.

(3) Perception: Harassing or otherwise discriminating because of the perception or belief that a person is a member of a particular racial, national origin, or religious group, even…. [read more]


Employment Law First Quote Essay

… However, last year gave a tough time to the public companies as well as the private ones. Then membership rate in unions of public companies came to 35.9% (2012) from 37% (2011). Whereas, in case of private sector companies, the rate showed less fluctuation and came to 6.6% from 6.9%.

This drastic decline in number of members is justified by the officials of unions. According to them, it is due to state driven arguments' regarding collective bargain and traditional federal laws for labours which has resulted in such decrease in number of members.

Some people say that unions are just adding up the organization's costs. They are not a source of value addition; neither to the workplace nor to the employees. According to James Sherk…. [read more]


Strategic Woolworths Supermarkets Case Study

… Vision

The Australian Woolworths Supermarkets have a vision of being one of the best performing supermarkets and grocery suppliers in Australian the world as a whole. The company has vested enough energy in its strategies of trying to meet the desired needs and specifications of the public. Many other avenues of growth and development are part of the strategic options directed at the vision statement. The vision exists as a wholesome body that tries to bring every activity within its respective avenues of management in the country. The vision of the Woolworths Supermarkets has been articulated within it protocols of performance in the market. In order to be a strong force in the market, the company has established a vision that is beyond an immediate…. [read more]


Employment Law One of the Challenges Case Study

… Employment Law

One of the challenges that most employers will face is determining the employment status of an individual. This is because independent contractors are often used as a way to reduce costs and address specific needs inside the firm. However, there are times, when the status of a person can be brought into question if they qualify as an employee. The case involving Karen, is one where there are issues surrounding her status. To fully understand what is taking place requires carefully examining how she is classified, the potential legal implications and the way a policy can be created that will avoid these issues. Together, these elements will highlight if Karen's claims have any validity and how potential litigation can be eschewed.

Do you…. [read more]


English Law Negligence in Hospital Case Study

… There are also damages that cannot be calculated or determined based on a directly quantifiable and numeric injury to a victim of negligence. The loss of one's leg, for example, is certainly injurious and gives new meaning to the phrase "made whole," but though such a victim would not be able to be restored to a pre-negligence position -- i.e. she would not be able to simply have a leg attached and go about life as normal -- she nonetheless deserves to be compensated for their injury to a degree that best approximates their position prior to the negligence. This would involve an awarding of non-pecuniary damages, which are necessarily somewhat more subjective both in asserting a claim to and in determining a value for.…. [read more]


John Rommel Case Study

… His neighborhood brothers became involved in the business as well. Last, the social conflict is evident based on the perceived inequities of the social classes. Insomuch, John felt society was an unfair and unforgiving system, which repressed the lower social class.

3.Choose 3 theories, one within each theoretical foundation, that apply to the case study. If a foundation does not have an applicable theory, state why, and what behavior could have been exhibited that would have reflected that.

Structural-Functional: Social facts ~ A social fact is every way of acting, fixed or not, capable of exercising on the individual an external constraint; or again, every way of acting which is general throughout a given society, while at the same time existing in its own right…. [read more]


Law Case Study

… Law Case Study

Claim 1 - Karl vs. Dogwood

Karl has a very good negligence claim against the doctor. Dr. Dogwood had actual knowledge of the dangerous condition and exercised poor judgment in failing to take appropriate action immediately when he noticed the condition of the ECR grounding pad. That poor judgment was a breach of the doctor's duty of care to protect Karl from foreseeable harm during the surgical procedure. Karl will argue that the doctor knew or should have known that using the ECR pad in the condition it was in was too dangerous.

Possible Defenses

Dr. Dogwood might argue that his only mistake was in misjudging the severity of the burn that might result and that the ECR manufacturer is actually responsible…. [read more]


Medical Ethics Case Study

… Advice and Legal & Ethical Issues.

What is your advice to Jerry? Identify major legal and ethical issues that may affect Jerry's decision.

Legally, Jerry simply cannot respond to the patient's request to refill his prescription for Valium. However, Jerry can take a number of steps to see if the medication can be made available to the patient. First, if the prescriptions have been ordered as the patient claims, this information would be included in his medical records. If Jerry finds a record that Valium has been prescribed by the physician, then he can expediently try to reach his supervising physician to determine his course of action. If the prescribing physician -- or another doctor who might be on-call for the prescribing physician -- can…. [read more]


Genetics Case Study

… Whereas genetic testing performed in a clinical diagnostic laboratory is subject to strict quality control criteria including results that are available in a timely fashion, this often is different for research gene testing, and reports of results may be obtained after months to years or even never. Details of these differences need to be thoroughly explained to the patient before any testing is requested.

Any research protocol on new diagnostic or therapeutic strategies involving human subjects needs approval by the Institutional Review Board (IRB) to assess the benefits and risks associated with the study. These reviews address the ethical principles of human research.

Justice

The principle of justice relates to whether an individual is treated fairly and equitably in the context of society.

Discrimination. The…. [read more]


Size) #1: Nancy Case Study

… In this instance, it is incumbent upon the hospital to ensure that not only is it demonstrated that Nancy's job performance was not satisfactory despite numerous attempts to provide her with reasonable accommodations, but also that the decision to outsource the PT department was based upon financial and logistical factors and was not intended as a form of discrimination against Nancy.

Another concern which might arise is the 'whistle-blowing' component of Nancy's case. Nancy made a claim that her fellow physical therapists were improperly documenting their work. If Nancy is let go, she could also claim this was a result of her bringing to light unethical practices within her place of employment. It is illegal to fire an employee for doing so, and once again,…. [read more]


Moreau's Dilemma Matt Case Study

… ¶ … Moreau's Dilemma Case Study

Matt's Dilemma

At present, Bantings Department Store is seeking out a highly-qualified, tenacious candidate with a good instinct for public relations to serve as the new customer service manager. The recruit will be specifically in charge of developing new programs to improve how the company interacts with the public, including store layout. Although the company usually has a policy of preferring college graduates for highly visible positions, the primary skill set needed for this new occupation is an instinct for how to deal with the public or 'people smarts.'

Sally Armitage seems to ideally fit the bill. She has worked in a wide variety of company positions, understands its outlook, and has turned around some low-performing divisions in the…. [read more]


Business Policy Analysis Case Study

… Business Policy Case Study Analysis

Key events Matsu*****a

The first key event for Matsu*****a was its breakthrough in the Japanese market in the early 1960s with a broad product line and 25,000 shopping points.

One other key event around the same period was the trade liberalization that translated into the company's first internationalization attempts. This process was particularly hard for Matsu*****a because the company didn't succeed in collaborating with local retailers to sell its products, which is why it had to open its own selling point. However, its brands were not known in the American and European markets.

The company's decision to shift part of its production to low wage countries in the mid 1960s was a major step that helped the company avoid the…. [read more]


Common Driveway Case Case Study

… ¶ … Driveway Case

Disputes can cause serious stress and even violence if they are not dealt with in a thorough and professional way. When the dispute is between neighbors, the stakes are always high because a condition of neighborhood peace and cooperation is vital in terms of the dynamics of healthy, happy daily living. The thrust of this paper revolves around appropriate dispute resolution (ADR), when it is needed, how it would help the Wilson family resolve their parking dispute, how it is administered, what the mediator needs to do, and what forms of ADR are available to people when a serious dispute arises.

What are the most effective dispute resolution processes?

Before going into the specific case involving the Wilson and Green families,…. [read more]


Critical Thinking Faith Case Study

… If the government does declare it to be legal only then should people be allowed to opt for it if they think it is their religious, humanitarian or moral right to do so.

Further the staff members should be put under a short awareness program where they are made aware of the other person's moral feelings and the right to "do not resuscitate" directives. They are to be made to realize that it is the patient that needs to decide about the advance directive rather than his or her family and regardless of what the family says it is important for the staff to act upon the directives given by the patient in writing. Tolerance and the will to act according to the religious beliefs…. [read more]


Nhs Toolkit Analysis of Hospital Case Study

… NHS Toolkit

Case Study analysis of hospital assessment

The case study of King Edward Hospitals, National Health Systems (NHS) Trust reviews a 2002 change management strategy to reduce tenure of admissions-to-release patient journeys by way of Nurse-Led administration. A critical priority to the UK NHS in its effort to control fiscal waste and hospital acquired infections (HAI) incurred during unnecessarily extended patient stays in Britain's healthcare institutions, the Trust merger was a large systemic transformation in response to retraction of earmarked legislative allocations, and new internal programs followed this mandate. Barsoux and Gilmartin's (2007) review of this history in Leading Hospital Change: Improving Hospital Performance, retraces the steps to organizational change through the leadership efforts of Executive Director of Nursing, Tracey Burns. Appointed to the…. [read more]


Besagi List Case Study

… Besagi Case Study

List and describe the issues or problems impacting on Besagi.

Because the company competes in the international marketplace, it is affected by a number of forces that are common to all organizations as well as some that are specific to its industry, and these are discussed further below.

Drought and unpredictable climate conditions in Australia and for overseas suppliers of generic seeds. According to U.S. government analysts, "Drought, robust import demand, and a strong currency have pushed the trade deficit up in recent years, while infrastructure bottlenecks and a tight labor market are constraining growth in export volumes and stoking inflation" (Australia, 2008, p. 3).

Paucity of casual harvesters for seasonal work for Besagi's seed production business unit. This problem appears to…. [read more]


Zippittelli v. J.C. Penney Company Case Study

… Had Ms. Benko been in a position to influence the decision process involved in this promotion, her remark may have provided the court with sufficient evidence to believe that a reasonable juror would agree with the plaintiff's claim that advanced age was the determinative factor used by Mr. Johnson in his decision to eliminate Ms. Zippittelli from the hiring process. Because the remark made by Ms. Benko was found to be "too temporally and situationally distant from the actual hiring decision to be seen as strong evidence of the employer's practice or attitude," the court ultimately decided that "the plaintiff could not convince a reasonable juror that this evidence proved that age was a substantial factor in the decision made by Mr. Johnson not to…. [read more]


Employee Layoff Case Study

… While the implementation of these policies and programs is examined on a case to case basis, their use in public service jobs is considered as illegitimate invasion of employees' privacy ("Employees Rights in the Workplace," 1999).

Based on these laws, the private sector company had legitimate basis and reasons to ask the employee to take the lie detector tests and drug tests. The presence of drugs in the employee's locker provided the basis for these tests since drug use would hurt the business. The employee's refusal to undertake these tests and fears that false positive results would result in state child protection agency taking away custody of his children were proof the employer's reasonable suspicion. As a result, the employer had no other option except…. [read more]


Liability the Case With Virginia Pollard Case Study

… Liability

The case with Virginia Pollard is showing how Teddy's Supplies is facing major legal challenges from the sexual harassment lawsuit. This is in spite of the New Jersey Supreme Court overturning the award. To fully understand the firm's legal options requires examining the company's liabilities. This will be accomplished by looking at: the different laws / case precedent (with a possible settlement), defining sexual harassment, studying the quid pro quo defense, if Pollard was mistreated, the current legal defense of Teddy's, providing specific recommendations to the CEO and the impact of this case on any replacement that is a female. Together, these elements will provide the greatest insights as to the strategy the firm can take in settling the claims made against them out…. [read more]


UCC Contract Law Case Study

… UCC Contract Law

Transamerica Oil Corporation v. Lynes

Case Brief

Procedural History:

Transamerica Oil Corporation v. Laynes is a part of a larger case involving Baker International. They are the parent company of Laynes. In the lower court ruling, Transamerica prevailed. Where, the court determined that the Kansas Universal Commercial Code (UCC) was breached when it came to an expressed warranty. As the court awarded damages to the plaintiff for $196,577.72 (more than they spent on the injector packers that were purchased).This decision is taking into account the statute of limitations and the validity of disclaimers from both sides.

Facts:

Transamerica is a drilling company that is focused on: the exploration / development of oil / natural gas wells and capping them for use at…. [read more]


C.O.R.E. and Its Role Case Study

… The old value-system - a grudging acceptance of their lot as second-class citizens - would have to be replaced by a new understanding of the role of Blacks in American society. As Miss Jane Pittman, the centenarian former slave and title character of the Autobiography of Miss Jane Pitman put it, "Nothing out there now but white hate and nigger fear, and the fear is the only way to keep going. One day they must realize fear is worse than any death. When that time come they will be ready to move...." And perhaps even more to the point, "Freedom here is able to make a little living and have the white folks say you is good." (King, 1992) African-Americans must come to realize that…. [read more]


Decision Case Study

… The latter might not be required because all three employees are specialists in positions that are often transient, where new opportunities are not particularly hard to come by. Thus, a severance package in accordance with time served will be sufficient -- this is a layoff, not a firing.

Post-Termination Litigation

It is unlikely that either Williams or Price would engage in post-termination litigation. Williams is not likely to sue for being fired on account of being Asian since the case would be quite weak. Price probably has no case, and certainly not under federal law. Both of these employees performed well enough to continue, but their specialties are often subject to contract work and project work. When projects end, so do positions and this is…. [read more]


Employment Law Part a Ms. Riyadh Term Paper

… Employment Law

Part a Ms. Riyadh has a claim for discriminatory employment practices based on her gender. Essentially, her main argument is that she is treated differently than other employees of equal stature due to the fact that she is female. Her evidence lies in the fact that other men have been promoted and in her employer's admission that she was not promoted because of her characteristics that can be associated with her gender.

The case at hand is an equal protection case because it involves the use of an employment practice that treats a person or class of persons differently than others. Village of Willowbrook v. Grace, 528 U.S. 562 (2000). Further, because this case specifically involves discrimination based on gender, which the court…. [read more]


Compensation Practices Case Study

… Employment Laws

Labor Law Report

Exempt and Non-exempt Employees

In general, employees are categorized as exempt or non-exempt based on how they are paid under the Fair Labor Standards Act (FLSA). The FLSA is a set of Federal laws governing the disbursement of minimum wage and overtime pay to employees. Deciding who should be categorized as exempt or non-exempt requires careful application of these laws, as well as consideration of Oregon's state wage laws.

Non-exempt employees are those that must be paid minimum wage and overtime according to Federal standards. Almost all hourly workers are non-exempt, and must be paid Federal minimum wage as well as time-and-a-half for every hour worked over 40 hours in a week. Many salaried employees are non-exempt as well, though…. [read more]


Family Law Amendment (Shared Parental Case Study

… In the report, the counselor noted that since -- in his reasonable estimation - N had grown attached to both parents, ideally, [her] best interests required her to have frequent and liberal relations with both the mother and the father. Rather than recommending that course, however, the counselor noted that should the court order Ms [U] to remain in Australia in order to facilitate contact between their daughter and her father, it was uncertain how Ms [U's] distress would manifest itself. The implications of such an arrangement for [N] were also uncertain. The mother's present preoccupation with going back to India, however, indicated that the degree of distress might be quite devastating.

The counselor further noted that Ms [U]'s preoccupation with residing in India would…. [read more]

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