ipl-logo

Reduction In Force Case Study

505 Words3 Pages

Your district must implement a Reduction in Force (RIF) based on declining enrollment and budget cuts. You have recommended a list of teachers from your school to the superintendent. One of the teachers on the list had previously filed an EEOC suit against you alleging discrimination regarding a department chair’s position that she was not awarded. You know that she will allege retaliation as the basis for her layoff.
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?
a. I …show more content…

Should you allow her to retain employment based on the previous EEOC suit?
a. Title VII of the Civil Rights act protects against retaliation against an individual who filed a discrimination charge, but it is not absolute. In order for an employee to succeed on a claim of retaliation they must show they engaged in protected activity, adverse employment actions were taken, and there was a causal connection between the employment action taken and the protected activity. If I can show her dismissal had no underlying connection to the protected activity I am not bound by law to retain her employment.
b. In Jennings v. Tinley Park Comm. Consol. School District the courts denied her claim of retaliatory discharge the reason being mutual trust and confidence between Procunier and Jennings were essential to the proper functioning of the workplace and Jennings’ discharge was based upon a loss of trust and confidence by Procunier, which was reasonable under the circumstances.
4. How do you legally defend your recommendation?
a. In order for me to legally defend my recommendation, I have to show her recommendation for dismissal had no underlying connection to the protected activity and it is reasonable under the circumstances. This could be done by providing proof that a reduction in force was needed; as well as, data showing she was the best choice for the

Show More
Related

Mr. Stephen Barker Case: Commonwealth Bank Of Australia

135 Words | 1 Pages

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

Read More

What Is The Case Of Palm Beach County V. Bryce Zimpfer

606 Words | 3 Pages

Mr. Zimpfer also retained a legal counselor Ms. Lynn Szymoniak in his defense of these allegations. Ms. Szymoniak retained the services of a industrial psychologist name Dr. Marcy to examine the resumes of the other job applicants. The staff’s objective was to shed light on whether Mr. Zimpfer was more qualified for the position than Mr. Merriman. Yes, accordingly to legal definition of discrimination and the stature of the EEOC age was a unfair disadvantageous to Mr. Zimpfer.

Read More

Case: Lachance Vs Erickson

184 Words | 1 Pages

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

Read More

Turner V Hershey Chocolate Case Analysis

955 Words | 4 Pages

The appellant essential accommodation claim went to trial but court excluded evidence regarding to disability. The plaintiff’s is not estopped by her SSDI and long term disability claims. However the issue should have been decided by jury. The court foreclosed to grant the plaintiff was not a qualified individual.

Read More

Wilson Gaskins Case Study

1268 Words | 6 Pages

For thirty-six years prior to her termination, Wilson-Gaskins was a Senior Claims Examiner for GEICO. In that capacity, Wilson-Gaskins was “responsible for overseeing and handling a case from beginning to end.” She handled cases “including major bodily injury, or any case where litigation was anticipated,” and she was “responsible for processing the entire case on [her] own,” including “contacting and interviewing witnesses, evaluating medical evidence, attempting to settle cases without litigation, referring the cases to outside counsel and ensuring that counsel was properly handling the case.” Wilson-Gaskins alleged that, on March 20, 2006, she was “constructively discharged” from her employment with GEICO, after being told that if she

Read More

Examples Of Westlaw Research Authority

363 Words | 2 Pages

1. i. Relevant Secondary Authority: 31 Causes of Action 2d 121 (Originally published in 2006) (Westlaw). ii. Violates right of publicity (Westlaw Research Skills Three). iii.

Read More

The Case Of Ferris Vs. Special School Dist

1695 Words | 7 Pages

The plaintiff should be able to defend themselves if these hearings are provided. The cases mentioned relate to one another in that all of the plaintiffs were found to be untenured, with the exception of Preston Barbee in the case of Barbee v. Union City of Bd. of Ed. (2014). Also with the exception of Barbee, the decisions made by the court were justified in that none of the plaintiff’s rights were breached in any way. The employers of these plaintiffs were not subject to rehire them for the following school year.

Read More

Case Study Prima Facie Case

349 Words | 2 Pages

The first thing that Janet has to do is establish a prima facie case. In order to prove a prima facie case, she would have to prove the following: a. She applied for the position, plant foreman, which at the time was available. b. That the plaintiff, (Janet), was qualified for that position. c. That she was ultimately turned down for the position.

Read More

Army Discharge Case Study

1256 Words | 6 Pages

The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. Her record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority. Moreover, the record of evidence shows that the applicant, on 22 September 1999, having been advised by legal counsel of the possible effects of a discharge under other than honorable conditions if her request is approved. The applicant voluntarily request a discharge in lieu trial by court-martial under the provision of AR 635-200, Chapter

Read More

Autonomy In Both Sides Now

679 Words | 3 Pages

She then responded out of anger and not of the response he intended and was fired regardless of his reputation as a doctor. Every decision he was basing his intentions on were founded on a fabricated delusion of what happened between the two of them the night

Read More

Ledbetter Case Study

556 Words | 3 Pages

Immediately after the ruling of the Ledbetter case, the court deputies escorted Mr. Ledbetter out of the courtroom and presented Mr. Griever. Mr. Griever had been spending the last five weeks in jail after violating a two TPOs (Temporary Protective Order) issued by the court. Mr. Griever was accused of stalking his ex-wife, Mrs. Anderson, on two occasions and has violated his previous bond requirement of no communication outside of child visitation. Detective Moore was sworn into court and was asked to present his perspective on the case. Detective Moore immediately pulled out his police report and detailed fourteen incidences that violated the TPOs and bond agreement that were currently in effect.

Read More

Disability Benefits Claim Is Denied

689 Words | 3 Pages

Goal: to write a substantive appeal about what happens when a person and their attorney disagree over the findings of an SOC and the person?s VA disability benefits claim is denied Total Word Count In This Document: 692 Title: ? Substantive Appeal: What To Do When You & Your Lawyer Disagree Over An SOC & Your VA Disability Benefits Claim Is Denied? What is an SOC?

Read More

Essay On Competency To Stand Trial

654 Words | 3 Pages

In the case of Mr. Smith his attorney requests a competency to stand trial hearing due to Mr. Smith 's history of mental health issues and his inability to work with his attorney. Mr. Smith has a history

Read More

Time To Let Them Go Essay

629 Words | 3 Pages

Being able to clearly show a history of problems will avoid discrimination litigation, wrongful termination lawsuits and may even result in their unemployment insurance claim being denied. This is because workers who are terminated for ‘gross misconduct’ are not eligible for worker’s compensation. Therefore, make sure all relevant performance information is properly documented in the employee’s file. As a result, you will be able to calmly and concisely explain the factual reasons for the termination.

Read More

Essay On Constructive Dismissal

1182 Words | 5 Pages

Although the termination of employment occurs at the employee’s initiative, the law regards the termination as a dismissal since the conduct of the employer ‘forces’ the termination of employment. If a constructive dismissal is established, this does no more than establish the existence of a ‘dismissal’ for the purposes of the Act. If the employee establishes a constructive

Read More

More about Reduction In Force Case Study

Related Topics

Open Document