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.
Name of Case: LaChance vs. Erickson Court: U.S. Court of Appeals, Federal Circuit, and the U.S. Supreme Court Parties and their roles:. LaChance, director, Office of Personnel Management petitioner; Erickson et al Responded Relevant facts: Federal employees made false statements to agency investigators with respect to their misbehavior. The legal issue(s) raised: The legal issue raised was that the respondents, federal employees were charged by their agencies because each of them made false statements to the agency investigators with respect to their misconduct.
1. Case Cite: [Nafta Traders, Inc. v. Quinn, 339 S.W.3d 84 (Tex. 2011)] 2. Facts: In Nafta Traders, an employee sued her employer for sex discrimination in violation of state law. The dispute was sent to arbitration, where the employee prevailed. The employer demanded the award in court, disputing that it has damages that were either not allowed or for which there was no evidence.
The legal issue in this case was to determine if the City of Newark transferring employees to other fire houses solely based on race, was constitutional under the Equal Protection Clause and Title VII of the Civil Rights Act of 1964. The Equal Protection Clause in the constitution protects civil rights and states that the laws of a state must treat everyone in similar conditions and circumstances equally, with out the consideration of race. Similarly the Title VII of the Civil Rights Act of 1964, prevents an employer from discriminating against
1. What were the legal issues in this case? David Dunlap a 52 years old African American male applied for a job as a boilermaker with the Tennessee Valley Authority. Dunlap v Tennessee Valley Authority was a discrimination case brought to the District Court of Tennessee by David Dunlap for suspected unequal treatment and disparate impact. The suit claims that the Tennessee Valley Authority singled out Dunlap because he was African American.
A former employee of the company and a member of the union, Betty Sparks, filed a grievance alleging “the company acted in a discriminatory manner when she was laid off.” There is a grievance procedure within the collective bargaining agreement. In the event a grievance is not resolved, the contract provides arbitration. Based solely on facts, it is at large whether or not litigation need to be commenced. Proceeding to arbitration, it was found “the company did violate the Articles of Agreement with the respect to the Grievant.”
According to an article on Law.com, The Lockheed Martin Corporation was ordered “To pay $51.5 million, including $ 50 million in punitive damages, in an age discrimination suit”. (Toutant, 2017) The plaintiff in the case, a former engineer at Lockheed Martin accused the company of laying of older workers to hire younger workers for the same positions. Robert Braden, plaintiff, also alleged the company never provided a reason or manner in which they decided who they would lay off. While the article is does not specifically mention the facts that were presented in court, one must conclude based on the outcome of the case, that there was sufficient evidence by the plaintiffs or lack of explanation by the defense which led the jury to decide in the favor of the jury.
Employees are not necessary required to prove the employer or supervisor with an opportunity to resolve the complaint or grievance prior to engaging in a concerted and protected activity action (Holley, Jennings, & Wolters, 2012). In an article by the Duane Morris Institute, it provided several instances where the National Labor Relations Board was successful in getting discharged employees, like Keeler and Drake, reinstated employment with full back pay and/or settlement. One case reported employees were discharged from walking off the job in protest of a change in work rules, similar to Drake and Keeler (Redeker,
The ADA also allows employers to take action if they can show that an employee poses a direct threat to others. Direct threat is defined as “a significant risk to the health or safety of others that cannot be eliminated by a reasonable accommodation.” Beck was a silent man who got along with other employees; in this regard, the hands of his employees were tied and so they could only hope and pray nothing goes
The case of McKennon vs Nashville Banner Publishing Co. raised an important question that past courts fail to accurately rule on. The problem at hand is whether an employee who has been dismissed from their job because of age, but whom is also been found to have committed a serious misconduct while they were previously employed, a misconduct that would have normally resulted in the immediate termination of the employee, is in violation of the Age Discrimination in Employment Act of 1967. The question presented to the court was - is the employee allowed any relief from the employer who wrongly terminated them in the first place, even though a wrongdoing was discovered during the discovery period? In previous cases, such as the Summers vs State Farm Mutual Automobile Insurance Co, the courts ruled in favor of the employer and dismissed the discrimination of the employee and did not offer any type of relief to the employee over their wrongful dismissal (Hoffman, 1996).
Seafarers might resign adaptably between the ages of 63 and 68, or between the earned retirement ages of 55 and 63, contingent upon the length of their administration under the Seafarer's Pension Act. An early maturity benefits might be taken no sooner than a year former, however not before the age of 55. The earned retirement periods of officers and team
The Travel Bureau in the New Deal was a semi-successful solution to the problems of the Great Depression. The Travel Bureau was the first time that the US Government got involved with promoting, and expanding the US tourism industry. The Bureau kickstarted the US tourism market by getting the word out to middle-class citizens that the United States had new, and beautiful tourist attractions, just waiting to be seen. The organization was extremely important for the development of leisure activities, and these areas with National Parks and landmarks throughout the country.
In Walter Mosley 's fictional short story, "Equal Opportunity" (1995), he describes employment discrimination through the character of Socrates Fortlow, an African American ex-convict attempting to find employment. Socrates lives in an abandoned building in Los Angeles neighborhood called Watts. He has been out of “prison eight years, fifty-eight years old, and ready to start life over again,” (Mosley 1). Socrates faces several conflicts, attempting to gain employment, because of his (1) age, (2) race, and (3) where he lives. He has to travel far to look for a job because everyone on his side of town, especially, Crenshaw and Washington, both store owners in Watts, knew that he collected bottles and cans for money and “they would not hire
In the case of Allen Lopez and ExtremeNet, I think firing Allen Lopez would not violate his civil rights. Based off the information given, Allen Lopez didn’t discuss the
Seniority: This term is used to elect an employee 's position in a company attained through the length of documented service. Seniority is recognized as employment rights which an employee gains over other employees by the advantage of his/ er length of service. Traditional Seniority: Attained exclusively through the length of service Competent Seniority: A type of seniority wherein other factors such as capability are considered in combination with length of service Seniority Record: The employers shall preserve a seniority list reflecting the date on which individual employees service began. A restructured seniority record shall be shared with the union bi-annually, no later than Sept 30th & March 31st.
