Wednesday, January 29, 2020

Employment-At-Will Case Essay Example for Free

Employment-At-Will Case Essay Case Example A: Elaine has sued Jerry because Jerry fired her. Elaine was on the job for two months.The job offer letter that Jerry had sent her mentioned the great career opportunities at the company and stated that her annual salary would be $30,000. The company is an employment†at†will employer. Elaine was given no reason for the termination. After the termination, Jerry hired a man named Kramer, who had less job experience and education than Elaine, for the position. Elaine has sued to get her job back. There are legal issues in case example A. These issues will need to be brought up and answered before any decision can be made over this case. A letter was sent to Elaine. Could this be considered a contract? If not, was there a contract involved? If there was a contract involved, is it an executory contract or is it not valid at all? This is an employment-at-will employer, does the employer really need to give a reason for the termination? Ethics in business play a big role in today’s society. Could ethics have been violated by the employer? Is this discrimination against Elaine? Did the employer lower Elaine in to this business with lies to gain something from her? Is this an intentional misrepresentation or fraud? Did Elaine have a certain skill that the employer needed and after the employer got what he needed he fired her? These are short legal questions that will need to be further studied. Elaine’s argument contains legal rules to support her claim. There is printed evidence that can definitely help out Elaine. The job offer letter states that there are great CAREER opportunities at the company. A career is defined as more than a simple job. It is a major part of a person’s life. A job usually last a couple of months. A career is thought of lasting for more than a couple of years. The fact that the term â€Å"career† was used in the letter, it is assumed that this is going to be something more than just a â€Å"job† Another word that was used is annual. The annual salary was said to be $30,000. The term â€Å"annual† also implies that the career that the employer is offering is something that is  long term and not just a two month job. The plaintiff can argue that these were the conditions that were used when she was hired. She sought out this job because she was offered great career opportunities but was never given the â€Å"career† or the opportunity to make $30,000 annually. This could be classified under intentional misrepresentation or fraud because the plaintiff was brought into the business with false statements. Something else that Elaine can argue is that she was discriminated. After she was fired, she was replaced by a man that had less job experience and a lower education than Elaine. Elaine might have been let go because of her sex. This could be a violation of Title VII of the Civil Rights Act of 1964. The defendant also has a valid argument that he can dispute. This business is an employment at will employer. This means that the employee can be let go at any time for any reason. Elaine knew that this was an employment at will. When she read the letter and accepted the job, she also accepted all the conditions that came along with it. The plaintiff knew that she could be fired any time. This is the defendant’s argument. Based on facts and legal laws, the judge can look over the evidence and rules and make a decision. The employment-at-will doctrine clearly states that the employer can fire the employee at any time for any reason. There are many exceptions to the employment-at-will doctrine. In this case, the tort exception and statutory exception can be applied in favor of the plaintiff. The tort exception states that the employee can sue an employer for fraud. Based on the letter Elaine received, she never was given what she was promised. The employer gave the future employee false statements regarding receiving $30,000 annually. The employer also made the employee believe that this was a career when it clearly lasted no more than two months. This is classified under fraud. The statutory exception will be the main exception in this case. The statutory exception states that â€Å"Title VII and other federal state antidiscrimination laws prohibit employers from engaging in race, sex, religious, age, handicap, or other forms of discrimination†. Right after Elaine was fired, a man was hired for that same position with less work experience and a lower education. This is evidence that Elaine was discriminated based on her sex. An employee who was wrongfully discharged can sue the employer for damages. Therefore the plaintiff will win the case. The legal rules that currently apply are fair and reasonable.  Employment-at-will employers exist because in some jobs, the employer needs that flexibility in order to respond to any changes or needs. Sometimes it is necessary to let employees go but the employer should never forget the laws of business and also ethics. Also, adding exceptions like statutory exception and tort exception to this doctrine helps protect employees in case they are ever treated unfair or are ever taken advantage by their employer. The rules that are currently set for now are fair and reasonable and should not be violated. Work Cited Cheeseman, H. R. The legal environment of business and online commerce. (Custom ed.).

Tuesday, January 21, 2020

Beyond the Burning Time :: Essays Papers

Beyond the Burning Time Mary’s Struggle Maturation is the emergence of personal and behavioral characteristics through growth process. In the novel Beyond the Burning Time, by Kathryn Lasky, Mary Chase goes through these growth processes. In the end Mary goes through many changes and becomes a very mature person. Mary will change in the concept that she will become more aggressive and motivated in making her own decisions. She also becomes more vigorous as well as courageous in a sense that she takes the initiative to save her mother when everyone loses faith. Plus she becomes bolder in addition to more demanding due to having to sneak around and do things she never would have thought of before. She is no longer the quiet little girl that she was. When her mother is taken Mary makes it her obligation to save Mrs. Chase. Mary’s aggression and motivation is what drives her to get her mother. When her mother was arrested she was alone. Mary loved her mother so much that she had to free her. When Mary couldn’t find her mother she became angry because Caleb seemed to give up hope. â€Å"Well, we must find out,† Mary said firmly. â€Å"Somehow, we must find out† (240). This motivation that she has helps her and Caleb to find their mother. Mary was also the one who came up with the plan to save Virginia Chase. If she would have PAGE 2 given so would everyone else. It was because of Mary that no one gave up or lost hope in their cause. During the course of the novel Mary becomes more vigorous and courageous. She is the one who takes the initiative to save her mother when Caleb loses hope. As the novel progresses she becomes more and more courageous. To sneak around and attack who used to be your best friends and defile the law takes a lot of courage. One of the greatest examples is that she will do anything to save her mother. This is shown when Mary and Caleb kill a lamb to scare Constable Dewart, â€Å"A hooded figure jumped out from behind the boulder, but instead of a human face, the head of a sheep stared at constable Dewart† (257).

Sunday, January 12, 2020

Drug addiction Essay

Drug addiction is the chronic disease affecting the brain, and just everyone is different. Drug affect different ways. One person can take and abuse drugs, yet never become addicted, while another merely has one experience and is immediately hooked. Addiction explain and is charactererized by a person having to used the drugs repeatedly, regardless of the damage it does to their health, family career, and their rrelationshipwith friends and the community. Addiction is not limited to drugs a nd alcohol. People can be addicted to many things, such as food, gambling, shopping or most anything that gets in the way of a healthy lifestyle.when things get out of hand, and people behave compulsively, regardless of the consequences. A person is n longer in charge of their life, regardless of the triggering mechanism, they are addicted. The addictin can take over the person s entire life. Nothing else matter. DRUG ADDICTION People abuse substance such as drugs alcohol, and tobacco for varied and complicated reasons, but it is clear that our society pays a significant cost. The toll for this abuse can be seen our hospitals and emergency departments through direct damage to health by substance abuse and its link to physical trauma. Jails and prisons tally daily the strong connection between crime and drug dependence and abuse such as cocaine has declined, use of other drugs such as heroin and â€Å"club drugs†etc. has increased. DISCUSSION Drug addiction is a complex of brain disease.it characterized by compulsive, at times uncontrollable, drug carving seeking, use that persist even in the face of extremely negative cnsequences. Drug seeking becomes compulsive, in large part as a result of the effects of prolonged drug use in brain functioning and thus, on behavior. For many people, drug addiction becomes chronic, with relapses possible even after long periods of abstinence. ANALYSIS The analysis of this paper is explicit comprehensive and non-parametrical evaluation, the additive property of cost and benefit, the probalistic reasoning and risk assessment. which some conceptual problems are consequentalism, distributive neutrality and social discount rate. It also as an application to cost and benefits of drug addiction. The paper looks at health cost (direct and indirect due to behavior under the effect drugs), looses of productivity, cost in the criminal justice system and civil courts, potential psychological cost and political cost. On the other side of benefits from drug addiction, the paper at looks at the income generated by the production and trade of drugs as well as the consequences in terms of maual instructions. DISCUSSION AND ANALYSIS I combined the biological perspective of drug and alcohol abuse, particular because alcohol is equally as harmful to individual as, for example the drug cocaine. The assessment comes from first-hand experience as case manager working with individuals in drug rehabilitation program. And alcohol abuse runs abuse deep in a lt of life’s as drug addiction becomes more and more common today. There are many who are born with drug addiction by what we call psychobiological markers which found in many addicts. A psychological marker is a characteristic that may be measured using psychological or biological means, other than symptoms of the disease itself that identifies those individuals in the population wh are most likely t o develope the specific disorder in the case of alcoholism, it is a charactereisctic that can be measured in children or adolescent ( before the development of the disorder) that can be significantly predictly the likelihood of alcolohism in adulthood. In other words individuals who CONCLUSION Drug addiction is a powerful demon that can sneak up on you and take over your life before you knoe has it it even happened. What started out as just arecreational lifestyle has overcome of your life and affected every single aspect of it. You don’t have to be caught up in the web of drug addiction. There are s many things you can do to get yourself clean and sober, and there is no better time than the present. Overcoming drug addiction is a long and often painful process. Leading a clean lifestyle is something that is well within your reach. You have the tools you need-go out and heal yourself. Remember that a thousand mile journey always begin with one step and to take it one day at a time. RECOMMENDATION To examine the social, demographic, and psychological factors that are associated with the antecedent, progression, and consequences of chonic drug of our country. To described the past addiction histories and patterns of treatment seeking among chronic drug abusers. To gain emphatic understanding of the inner world of chronic drug abusers so as to know how they are relate among themselves and to others. References Adelman, L., Middleton, S. and Ashworth, K. (2003) Britain’s Poorest Children: Severe and Persistent Poverty and Social Exclusion. London: Save the Children DRUG ADDICTION

Saturday, January 4, 2020

Essay Shylock of William Shakespeares The Merchant of Venice

Shylock of William Shakespeares The Merchant of Venice Shylock is one of the main characters in Shakespeares play The Merchant of Venice, he starts in the play as an outcast of society because he is Jewish. Shylock has been forced to become a banker in his life as an inhabitant of Venice, for the fact that his religion is seen as wrong. Although Shylock is forced to become a banker he plays a vital role in the city of Venice, without Shylock the city would struggle economically. From an early point in the play Shakespeare makes Shylock look like a money-loving fiend, Shylocks first words in the play are Three Thousand ducats. This line shows that Shylocks life revolves around money. The†¦show more content†¦Shylock seems to show that he wants something to go wrong for Antonio and Shylock feels that he deserves revenge. Seeing that Shylock is so eager to secure revenge upon any one he can, the audience is lead to believe that Shylock is a deeper and darker person than previously believed. Not only do all characters in the pla y feel something about Shylock is wrong but so does the audience. As Shylock is portrayed as a dark and mysterious character there is little support for him until it becomes apparent that there is more reason for Shylock to seek revenge than previously believed. In Act I scene III after the deal to lend Antonio three thousand ducats is secured Bassanio asks Shylock to dine with him but Shylock is quick to turn down the offer, as Bassanio would insult Shylocks religion if the food were not kosher. Shylock turns down the offer of dinner for a fairly strong reason, but once Antonio arrives in person Shylock gives more reason to be disliked. Antonio and friends are stood in a group when Shylock turns away and under his breath says, I hate him for he is a Christian. Although Shylock is turned away from the group Antonio still hears his spiteful words. This shows the villainous side to Shylock and although the reasons for such dislike towards Antonio and friends is just, there is no need for theShow MoreRelatedShylock in William Shakespeares The Merchant of Venice1401 Words   |  6 PagesShylock in William Shakespeares The Merchant of Venice The play begins in Venice where the wealthy merchant Antonio is talking to his young friends about the reasons for the depression. Antonio claims not to understand himself his sad nature. Bassanio arrives with the news that he wishes to court a wealthy, beautiful heiress named Portia. In order to present himself to Portia he wants to borrow 3000 ducats. 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