Melanio A. Fortin 5856695 Assignment #2 Diane Pardu v. Dual Power Solar Diane Pardu has been an employee for Dual Power Solar for 17 years and is was fired at the age of 49. During the 17 years of employment, Diane possessed an annual wage of $51,000, an additional $10,000 for commissions, and health care benefits. Diane performed very well as an employee for Dual Power Solar, as she is very rarely late for her shifts. Although Diane was late on March 18th, she provided a notice, but displaced dishonesty to her sales manager. On April 15th, Diane seems to have been laid off but, Andrew did not provide a proper notice of termination to Diane nor indicated that she has been terminated. Diane has an obligation to mitigate. Diane must try to find another job after being terminated but, Diane failed to search for another job which shows she has failed her obligation to mitigate. Diane Pardu should be entitled to severance pay of two days’ wages for each completed year of service, plus five days’ wages. When Diane has been laid off for more than three months, she can treat this layoff as a termination and claim termination pay and severance pay. However, an employee can be dismissed without notice due to immoral conduct on or off the job that reflects badly to the employer under the just cause dismissal. Due to Diane’s almost …show more content…
Although Diane Pardu performed an act of dishonesty, that alone is not a reasonably enough act to cause for termination without severance pay or notice. Furthermore, Diana Pardu’s 17 year history with Dual Power Solar proves to be very professional with very few and rare flaws. Considering the termination of other employees, a ratio of 1 year to 1 month of severance pay seems to be fair and reasonable amount. In conclusion, Diane Pardu will be rewarded a severance package that consists of 17 months pay and benefits from Dual Power
FACTS: Jenny Stracner an employee of the Laguna Beach Police Department was told by several people that there several vehicles were seen in front of Greenwoods resident and the vehicles were only there for a couple of minutes. Stracner investigated these claims by staking out the residence and witnessing the vehicles at the residence for herself. After staking out the residence, she asked the garbage man to isolate garbage picked up and Greenwoods residence and hand them over to her. While looking through Greenwoods trash, Stracner located evidence that led her to believe Greenwood was involved with drugs. Stracner then received a search warrant and found large amounts of cocaine and other substance in the residence.
3. The respondent, Mr Stephen Barker, had been employed by the appellant, Commonwealth Bank of Australia, for a number of years before being made redundant in March 2009 as a result of the bank restructuring the Corporation Financial Services (“CFS”) teams throughout the bank. He was informed that his employment with the bank would be terminated if he wasn’t redeployed within four weeks, but in the meantime had to turn in keys, mobile phone, and his access to his company email account, voicemail, and intranet was cut off and as such he did not receive any of the numerous emails that were sent to him about different openings for redeployment. His employment with the bank was terminated after the four week (plus an extra week for being over the
(C. 19,20) It is very suspicious, that for two months the ISP could not find Eliza work, but after she filed a complaint with the EEO’s Office, the ISP was able to find her a job in less than 10 days. Because it took the ISP a short time to find her a job after they claimed for two months that there were no jobs available, it is clear that there was a suspiciously short time between Eliza’s complaint and the adverse
Athletic Director Bob Marcus has quite the challenge in allocating the athletic department funds appropriately throughout all the programs within Oakbend Senior High School. After critically analyzing the case study it was quite clear some sports such as football and girls basketball received much more funding compared to other sports such as cross country and track and field. Throughout this case brief an effective solution that is both fair and in line with the districts mission will be expanded on to assist Bob Marcus is making the necessary budget cuts to provide a successful athletic program in the future. Marcus needs to cut about $80,000 from the previous budget plan to accommodate the funding cuts made by the school.
The employees were sanctioned for the underlying charges and the charge of giving the false statements. Holding of the Court: The court ruled in favor of La Chance because agencies
In determining whether a genuine issue of the material fact whether a genuine issue of material fact occurs regarding the reasonableness of the requested accommodation, we first examine whether Turners facial presenting that her proposed accommodation is possible. If appellant has made out a prima facie showing, the load then shifts to prove a favorable defense, that the accommodations requested by Turner are unreasonable or would cause an undue hardship on the employer. In contrast, If Turner has satisfied her initial burden, Turners proposed accommodation seems practical. At this time, Hershey rotations policy is new one which had never been required of employees in Turners position. If Turner 's proposed accommodation would permit the new rotation program to endure, even though on a modified basis.
When I asked Robert Hoffman to start at 5:00 a.m. to avoid the harassment fromMichael Niehenke and Donna Myers requested denied. C. When Harry Feals and I work together we have Julie Godzik, Robert Godzik, Brain Weaver and Michael Niehenke . These employees have stared at us until Mr. Franicola come after they called him Other employees are aloud to work together 8. Of the Persons in the same, or similar situation as you who was treated worse than you? Harry Feals Maintenance # 1 Harry Feals Maintenance #1 Mr. Feals received 11 weeks of Work for false allegation filed on pitt alert line, now he is seeking professional health with counseling to help cope with working at Pitt at Greensburg. .
Legal Brief- Lane, Josephine Citation: Erb v. Iowa State Board of Public Instruction. Supreme Court of Iowa, 216 N.W.2d 339 (1974). Facts: In the spring of 1970, Richard Arlan Erb and Margaret Johnson, both teachers at Nishna Valley School, engaged in an extramarital affair. Robert Johnson got suspicious and hid in the trunk of his wife’s car.
Discussion Questions 1. How do you counter her charge? a. I counter her charge of retaliation being this basis of her layoff by presenting documentation showing she would have been laid off due to a Reduction in Force regardless of the suit she filed against me. 2. What data do you need to justify your recommendation?
Forrester’s injuries to her left leg and head, she has been unable to return to work since the February 26, 2014 accident involving Richard Hart. Mrs. Forrester’s lost wages are $ 74,997 and she was earning $ 100,000 annually plus medical and dental benefits when the accident occurred. Per her doctors, she is not expected to return to any type of employment for another year minimum. Mrs. Forrester was placed on FMLA for the first 12 weeks of her injury but since has been terminated from her position and has a future loss of earnings capacity claim and a loss of benefits claim that will be vigorously pursued at trial. The current estimated loss value of her earning capacity combined is $100,000.
In the case study, Bob’s Meltdown, Jay Nguyen, CEO Concord Machines, has to handle a case of psychological harassment resulting due to work related stress; the main accused being his best manager, Bob Dunn. Jay needs to find a suitable solution as soon as he can to avoid being sued by Annette. Jay’s dilemma is that on one hand he cannot let Bob go as he is his best manager and only his department is earning all the profits for the company and on the other hand Annette has made it clear that if Bob stays, she’ll leave.
Grace Costa, a victim of domestic abuse, has two versions of the story that happened on Christmas night in 2012 when her ex boyfriend broke into her home. In the first story, her son and daughter were at home eating dinner. In the second story, only she and her daughter ate dinner that night, but it might have been 2013 instead. For some reason, there was a half-eaten apple on the kitchen floor. As Costa describes the night, she cries and stops and continues describing it in disjointed phases.
It It f It frustrates me what Dr. Anna Pou had to go through with the lawsuits of the Memorial Medical Center incident. As Healthcare professionals, being sued for making the rightful decision for the patient and the hospital is unjust. Healthcare professionals like Dr. Pou, have taken the Hippocratic oath, and one of the promises made within that oath is “first, do no harm”. Hospital’s should not be so quick to make such an important decision of pressing charges to their faculty; more trust should be placed in them. In addition, she made it clear her intentions were just to ‘‘help’’ patients ‘‘through their pain,’’ on national television.
The plaintiff is not estopped by her SSDI and long term disability claims. However, the issue should have been decided by the jury. The court foreclosed to grant the plaintiff was not a qualified individual. The issue is whether the district court correctly granted summary judgment in the favor of the defendant because the shaker table rotation rule at issue was an essential function of the employee’s job.