Question

1. What remedies are available through the civil and criminal justice systems?

2. Under what circumstances would a Miranda Warning be required?

3. What constitutes “good cause” in the discharge of an employee?

Answer 1

1) Civil remedies often take in the form of financial and non financial compensation but it is also include apologies , restitution, prevention of harms by injunctions or guarantees of non repetition .

Criminal remedies against an individual or legal entity can take range of forms depending on the jurisdiction which include imprisonment, house arrest, community supervision, fines ,restitution etc.

Civil remedies are for compensation and Criminal remedies are for punishment .

2) Miranda Warning are required before asking questions to any person who is in police custody( deprived of his freedom of action in any significant way ). Police must read the Miranda rights if they want to ask questions and use the answers as evidence. If the person is not in police custody then no Miranda warning is required.

3) Good cause is shown in order to clarify that an employer didn't fire an employee for discriminatory reasons. Poor performance, harassing other workers, theft, sharing trade secret , threatening other employees or superiors are all constitute 'good cause' in discharge of an employee .

In broad sense , good cause constituted as legitimate, good faith and business related reasons for discharging an employee.