Legal issues and legal reasoning

Case Study Elaine has sued Jerry because Jerry fired her. Elaine was on the letter she had been given mentioned the great career opportunities at the company and stated that her annual salary would be $30,000. The employer 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.Advertising We will write a custom essay sample on Legal issues and legal reasoning specifically for you for only $16.05 $11/page Learn More Legal Issues The legal problem in the case of Elaine vs. her employer Jerry is the promise given by the employer to offer her great employment. Bearing in mind the employer is an â€Å"At Will† employer, the question rises if he needs to explain terminating her employment. Other questions, which must be addressed include whether there was any ethic al issues or any type of discrimination that led to the termination of the plaintiff. To make a ruling on this case it needs to be clarified if the employer had the right to terminate the plaintiff’s employment without explanation and if there is sufficient evidence to justify claim of ethics violation or discrimination used against the petitioner. Plaintiff’s argument The petitioner has the â€Å"burden of proof† for demonstrating each count of accusation leveled against the employer. The petitioner claims to have been wrongfully fired and had been sexually discriminated. The petitioner argues that her letter of employment promised her a great career opportunity and her starting salary would be $30,000 annually, which had not been honored. Despite the fact that the employer is an â€Å"at will† employer and does not require drawing an employment contract, the job offer letter he issued the plaintiff in this case became the contract the moment the plainti ff accepted it. Elaine lays her claim on sex discrimination based on the fact that the employer hired a man named Kramer who also had less experience and his education was lower than hers was. She claims, based on the wrongful dismissal that she needs to be offered her employment back. Though the defendant is an â€Å"at will employer† which gives him the right to fire an employee legally for any reason, the plaintiff could claim that the offer she received from him was an â€Å"express contract† that governs the employment connection. This would imply in her instance existed an â€Å"implied-in-fact contract† at the time of hiring which was created between her and the employer. In the letter which she received on her employment stated; â€Å"Her annual salary would be $30, 000,† and she should expect â€Å"great career opportunities†. Here the word â€Å"annual† in relation to salary brings to light the fact that her work in the company was indefinite.Advertising Looking for essay on labor law? Let's see if we can help you! Get your first paper with 15% OFF Learn More In addition, when the letter mentioned great career opportunities it would be logical to believe it meant the career was going to be for more than two years. The plaintiff could also enforce Title VII of the Civil Rights Act referred to as the fair Practices Act, which was made to purge job discrimination based on color, race, nationality, sex and religion. Defendant’s Arguments At- will employment is a policy in the United States law which describes employment relationship where the affected parties may opt out of the relationship without liability, if and only if there is no express contract for a given definite term leading the employment relationship. In addition, the employer should not be a member of a collective bargaining group. The defendant under this policy could argue the petitioners claims by stating clearly he does not have to explain terminating the employment since he is an â€Å"at will â€Å"employer. He could also argue that though Kramer, the new employee, claimed had little experience and his education was lower than the plaintiff’s was hired based on natural abilities and offered a better job. He could also argue that the sex discrimination charges were unsupported since he had hired her. My decision as the judge In the case brought before me, it is my findings that there was no defense offered by the defendant on the wrongful job termination brought by the plaintiff. The plaintiff in my findings has brought sufficient evidence to show her employment was wrongfully terminated, which clearly showed that it was created on the express employment contract. The petitioner’s employment letter promises to offer great career opportunities, which clearly suggest the employment was to be long-term and was to last for more than a single year. There are various constitutional and contr act exceptions that apply to employment drawn out of at will doctrine. The exceptions states that; if wrongfully discharged, an employee can take legal action against the employer for compensation. It is also clear that the plaintiff was sexually discriminated and this goes against Title VII of the Civil Rights Act, which protect these rights. Based on the evidence brought, it is my ruling that the plaintiff should be reinstated and granted punitive damages for her wrongful dismissal from work. My Own Opinion In my opinion, there is fair and reasonable application of the At-will employment law. Exceptions on the employment at will help protect employees who may have been wrongfully dismissed. There are some ethical issues concerns about the application of this doctrine.Advertising We will write a custom essay sample on Legal issues and legal reasoning specifically for you for only $16.05 $11/page Learn More One of them is there should be a written expla nation on reason for dismissal because lack of this leaves the dismissed employee. If we assume an employee who was rightfully terminated but was offered no written explanation may find it hard to identify and rectify their mistakes. This to appoint, could affect the society creating increased unemployment, which will lead to many social ills. The written explanation would help the employee accept the termination and help improve his/her performance. It is also my opinion the Title VII of the Civil Right Act laws should be harshly enforced to avoid the numerous cases arising from wrongful termination and segregation. This should also try involving and protecting male workers, as it seems that sex discrimination only applies to women. This essay on Legal issues and legal reasoning was written and submitted by user Luciana Lambert to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Sample Essay Prompts For A Personal Writing Project

Sample Essay Prompts For A Personal Writing ProjectIf you are in need of a way to start a writing project, do not get sidetracked with the tried and true method of writing a sample essay prompt for a teacher or administrator. If you go through the old format and style, you will be in a dilemma because it is time-consuming. In addition, you will have difficulty coming up with fresh ideas that are unique to your own writing style.There are other ways to start a writing project using a sample essay prompt. You may want to give yourself a little time and a real challenge. Of course, some ideas that come to you may be inappropriate for your context.One creative outlet for inspiration is to write on your passion, something that you love and enjoy. Write about a personal achievement that you have done recently or a new hobby. Perhaps you are looking forward to starting a new job. The opportunity to give a personal touch to a project can help you achieve your goals.If you have little or no i dea about writing samples, be sure to find out as much as you can about RCC's system. If you know what you are doing, you will quickly be able to produce acceptable documents. Ask questions of any professionals that you may encounter, and make sure that you know the answers to all of them.Use specific subject matter to start an essay prompt. If you are writing for a class or research, you can use that as your foundation. This can help you make connections and highlight areas that are lacking in your own writing.Another option for using a sample essay prompt is to set the stage. How do you begin? When you provide a range of topics, a timeframe and use common words and phrases, you will create a unique context that will help your essay express itself.Start creating assignments that are focused on your own topic. You may want to set a deadline so that you can schedule it for completion before the assignment is due. Give yourself the time to research the topic and write the most effecti ve essay that you can.

Predeterminer Definition and Examples in English Grammar

Predeterminer Definition and Examples in English Grammar In grammar, a predeterminer is a type of determiner that precedes other determiners in a noun phrase. (The word that immediately follows a predeterminer is called the central determiner.) Predeterminers are also known as a predeterminer modifiers.   Predeterminers are used to express a proportion (such as all, both, or half) of the whole indicated in the noun phrase. Like determiners, predeterminers are functional elements of structure and not formal word classes. Examples and Observations Half our life is spent trying to find something to do with the time we have rushed through life trying to save.(attributed to Will Rogers)All the people like us are We,And everyone else is They.(Rudyard Kipling)Both the children had a gentleness (it was their only fault, and it never made Miles a muff) that kept them- how shall I express it?- almost impersonal and certainly quite unpunishable.(Henry James, The Turn of the Screw, 1898)Humpty Dumpty sat on a wall,Humpty Dumpty had a great fall.All the kings horses and all the kings menCouldnt put Humpty together again.(English nursery rhyme)Realizing the importance of the case, my men are rounding up twice the usual number of suspects.(Claude Rains as Captain Renault in Casablanca, 1942)Core Members and Marginal MembersThe special quantifiers all, both, and half are the core members of the class of predeterminers. Other fractions and multiples (twice, thrice, three times, etc.) are marginal members. This set of quantifying elements is distinct from ordinary quantifiers such as many, some, much, and the cardinal and ordinal numerals. . . .[T]he word such and certain adjectives can [also] serve as predeterminer modifiers before the indefinite article. In all such cases in the corpora, predeterminer adjectives are themselves modified such that they describe a relative degree of some property. For example, something that is too good possesses a degree of goodness that is equal to some reference point; someone who is such a bore exhibits a high degree of boorishness, etc.(Thomas Edward Payne, Understanding English Grammar: A Linguistic Introduction. Cambridge University Press, 2011)

How involved should the U.S. be Coursework Example | Topics and Well Written Essays - 750 words

How involved should the U.S. be - Coursework Example The Realpolitik Policy According to Holzgrefe and Keohane, realpolitik, as a political ideology, pertains to diplomacy or politics founded mostly on power and other material and practical factors in lieu of explicit moral or ideological principles. Similarly, Baofu associated the policy of realpolitik that integrates the philosophical features of pragmatism and realism, implying that politics is amoral, coercive, or Machiavellian in nature (220). With the terrorist belligerence on the World Trade Center, the U.S. government faced the threat of a prospective fusion of military efforts with enormous weapons of mass destruction, as well as that of religious extremism (Johnston 3). Since WWII ended, the Middle East has been subjected to unrelenting struggle for stability and social order yet the present circumstances pose a challenge in mitigating the threats imposed by the region in the modern history of American politics. To carry out an effective change in the region; however, it is i mperative for the present administration to consider its limitations, especially in terms of organising its strategic approach of materializing its interests in the region (Ross and Jeffrey). Considering that the Middle East has rich oil resources, the U.S. government should adopt realpolitik approach in its foreign policy not only to strengthen its military presence against terrorism, but most especially to protect its interests for oil supply. Contrary to the perceptions of people from other countries, Keck noted that acceptance of American political values may be precluded from adopting a realpolitik foreign policy. In most instances, American hostility toward realism is largely caused by a conflict of its basic values despite their unconsciousness of formulating foreign policies, which are in fact, governed by a realist approach. Although the idealistic and isolationist policies could also be an advantage for the U.S., the merits of adopting a policy founded on realpolitik is mo re appropriate since the Middle East plays a crucial role in American hegemony against the war on terrorism. As an opinion, however, if the U.S. intends to have supremacy of political, social, and economic power on a global scale, it must incorporate a realpolitik approach in their foreign policy to establish positive alliances and materialize their interests in the region. From a political perspective, Miller observed that the U.S. government succeeded in attacking the central operations in Al Qaeda, and this could be mainly attributed to having a pragmatic and realistic approach in their military intervention. In contrast to idealistic policy, which supports liberal principles and democratic ideals (Hancock 39), the realpolitik ideology may facilitate social order in that the U.S. foreign policy promotes a collective effort in securing balance of power in world politics. Meanwhile, the isolationist policy promotes the cessation of US involvement in the Middle East, which is to som e extent, an advantage for the U.S. since this may imply lesser intervention and military conflicts. In this regard, however, the realpolitik approach only views the Middle East as an outlet for the U.S. government to control its interests in the

Revising Messages Assignment Example | Topics and Well Written Essays - 500 words

Revising Messages - Assignment Example We assure you that we’ll make sure that our airline personnel become more careful next time. Kindly mail us back with a detailed list of items you lost by completing the following questionnaire, to enable us process your compensation. We apologize for making you wait for a long time; we had a lot of resumes to go through. We are however pleased to inform you that you made it to the final 10 candidates who have been shortlisted for an interview. The interview has been scheduled for June 15 at 3:00 p.m. Kindly inform us before the end of the workweek if you will be able to attend as this is our busy season. We use over a ton of paper every year out of which, much of it goes to waste creating more environmental waste. It is because of this that, beginning on Monday, white plastic bins will be placed outside the elevator on every floor to recycle the paper and minimize pollution. d. In today’s meeting, we were privileged to welcome Paul Eccelson, who reviewed the shopping cart function on our website and offered some great advice. Feel free to call for any inquiries concerning the new forms. c. Kindly call our hotline at 1-800-555-8765 to schedule an appointment with one of our knowledgeable mortgage specialists in your area, as well as ask more questions about mortgage rates, closing procedures or any other aspect of the mortgage process. Remember, we’re here to make the home-buying experience as painless as

Unwrapping Technology Essay Example for Free

Unwrapping Technology Essay Today’s educators have an endless pool of technological teaching aids at their fingertips. The Worldwide web has put teaching programs, learning apps, downloadable content, and all manner of communication at the availability of everyone. This information is readily and easily accessed. There are electronic whiteboards, video creating and editing programs, Ipads, learning games regarding all subjects, and an endless pool of help and ideas that can facilitate teaching, learning, and communication. Teachers can utilize them all to help students reach each of the standards implemented in NETS-S. The standards for this bracket include creating videos that record and document school or community functions, gather data, use digital tools and resources, use information gathering technologies, learning to identify and solve computer problems, explore curriculum from perspectives of other cultures, evaluate and determine credibility of resources, and among other things engaging in online collaborative learning projects. All standards work together to create an informed student who has the basic tools needed to become successful in a swiftly advancing technological world. Among the many standards and requirements expected to be learned by 6th-8th graders almost all of them are right on the mark and can easily be implemented in the classroom, especially number 2. Standard number 2 refers to creating animations or videos that document school or community events. This age group is constantly taking photos or videos for their own social outlets. Tapping into this type of media will be inspiring for the students and can encourage learning through a skill they enjoy and identify with. Learning through the use of technology can be a wonderful experience for students. There are many ways technology can be used to enhance lessons or engage the students, where more primitive manners of teaching such as straight lecture and note taking can be dry and quite frankly lose the interest of the students. One such tool is the electronic whiteboard. The electronic whiteboard allows the teacher to project images for their computer onto the board in the front of the class. A teacher can prepare a slide show, power point, or show movies or videos regarding the subject being taught. This can draw the attention both visual and auditory of the class. Watching a movie where a science experiment is done can be more intriguing than just listening to a speech about it. Ipads are another great tool that can be used to create an enjoyable learning experience. They can be used to play learning games or even as a manner for communication for certain handicapped students. All of the NETS-S standards and requirements are reasonable there are some that may not be implemented or may be difficult to support. For example: Creating â€Å"original animations or videos documenting school, community, or local events. (NETS-S, 2008) may be difficult if the school does not have video equipment or programs to support this type of activity. Each school will have its own set of standards and available tools that need to be taken into consideration when trying to follow standards. Teachers may have limited resources to work with but they can attempt to apply for grants from sites such as Grant Wrangler (http://grantwrangler. com/) and Teachers Count (h ttp://www. teacherscount. org/teacher/grants. shtml). The resources are out there but need to be sought out and found. The one expectation that I feel is missing from the standards are relatively fast typing skills. Typing skills can be quite a useful skill to teach and can aid students from this age group up as they begin to have more and more typed assignments given. The usage of programs such as â€Å"Word† and becoming familiar with it will also be helpful from this age all the way up to college. By giving them these two tools we are preparing them for their future. The NETS-S standards are put in place to help nurture students to evolve into capable and involved community members. The technological world we live in is changing more rapidly than ever and it is in the benefit of both student and teacher to learn and advance with the times so they can be knowledgeable and stay at the forefront of these changes. As educators it is part of our job to prepare students for their future, and much of our future lies in technology, NETS-S is helping us do that. Reference: NETS-S . Retrieved from http://www. iste. org/docs/pdfs/nets-s-2007-student-profiles-en. pdf? sfvrsn=4

Community and the Rocky Horror Picture Show :: Rocky Horror Descriptive Essays

Community and the Rocky Horror Picture Show Sex, adultery, rock and roll, and belonging. These are just some of the things that draw teens into The Rocky Horror Picture Show every Friday and Saturday night. Most teens are drawn in by a family connection and there are still others who are simply drawn in by the curiosity brought up by the name of the show alone. I was drawn in because of family and friend ties to the show. Many teens who go find themselves in a place where they feel that they belong. Teens who normally get called â€Å"freaks† go to Rocky because it is a place where they are no longer considered that. Every person that attends Rocky has a certain uniqueness about them that is celebrated at every show. When you go to Rocky, you meet others who are just like you. This helps to build friendships and bonds between the attendees. It also creates an air of family in the theater that goes everywhere with you. Every week there is a random number of virgins, or first timers, chosen to be sacrificed. These sacrifices are all in fun and are seen as a way of passage into the Rocky community. The first time I went, myself and three other virgins were chosen to be sacrificed. Our sacrifice was long, painless, and completely hilarious. In fact I don’t think that it would have been half as fun if I hadn’t had my three closest friends sitting in the audience laughing at me. Out of the four of us chosen only one was a boy and they made him be an ataman. The two remaining virgins and I were placed under a table and left there to our own devices while the cast made a toast to a newly married member. My being chosen to be sacrificed made me feel as if I really belonged there and would never be shunned. I was also very pleased by the fact that I was chosen to be sacrificed by my favorite character, Eddy who was being played by Dustin Martinez that night. After the toast was finished we did our oath and were allowed to go back to our seats and the show began. In the Rocky community everyone is celebrated for who they are. Individuality is something special among the â€Å"Trannies† and it will always be that way. No guy is ever ridiculed or mocked for dressing like a woman and no woman is ever looked down upon for dressing like a man.