Please answer each question by identifying the correct issue , the rule , analysis , and conclusion , ) Rule , Analysis , Conclusion
Caption: Michael Cocchiara v Lithia Motors
Issue: Can a potential employee of a company, file a promissory estoppel or false representation claim based on employment and termination at will clause followed by company.
Rule: Under contract law, Employment at-will is the policy which states that the company or the employer can terminate any employee at any time if the employee was hired with employment at will clause. The termination will have no specific reason or warning, stated by the employer. On similar lines, the employee will also have the same rights and will have the privilege to quit the company any time without stating any specific reason for the same, and without serving any notice period.
But the employee has full rights to rely on a job offer , made by the employer, even if the employment at will doctrine is followed in the company. The applicability of this rule increases if the employee had been associated with the employer company for a while.
The doctrine of promissory estoppel states that a promise must be considered to be enforceable by law, even when the same does not have any formal consideration associated with it.
As per Title VII and EEOC, The company will be held responsible for denying equal employment opportunities to the employee if the employee feels that he had been discriminated on some grounds. Title VII of Civil Rights Act, 1964 plays a very important role in the workplace harassment or discrimination cases. Any kind of discrimination from employer on any kind of bias like sex, race, religion, sect, etc. is strictly prohibited under this Title. This serves as the basis for providing equal employment opportunities to all.
Analysis: The plaintiff used to work for defendant’s company for a while. He had suffered a heart attack and had desired to have a less-stressful work environment from the defendant. The plaintiff had claimed that though the defendant affirmed and promised the same initially, they had rejected his request eventually and did not offer him a corporate role, where work stress is comparatively less. He also plead that the company did not offer him the corporate job based on discrimination on his disability to perform under stress. The defendant claimed that the company followed the employment at will doctrine and hence, cannot be considered liable for fulfilling the promise of job offer. The defendant stated that the company terminated the job offer promise made to the plaintiff at will.
Conclusion: The court decided that an at-will job remains the same, even if the potential employee under consideration, is a specially-abled or disabled individual. Hence the claims of the plaintiff do not remain valid.
Please answer each question by identifying the correct issue , the rule , analysis , and conclusion , ) Rule , Analysi...
I would like some help rewording this IRAC analysis.. Issue: The issue at hand with this case is whether or not the Court of Appeals properly reversed the dismissal of the plaintiff employees 703(a)(1) claim. Rule: The complainant in a trial under Title VII of the Civil Rights Act of 1964 carries the initial burden under the statute of establishing a prima facie case of racial discrimination. This may be done by showing (i) that he belongs to a racial...
you must use the format provided below in order to brief the attached case 221 N.W.2d 609 (1974) John SALSBURY, Appellee, v. NORTHWESTERN BELL TELEPHONE COMPANY, Appellant. No. 55960. Supreme Court of Iowa. September 18, 1974. Laird, Burington, Bovard & Heiny, Mason City, and William F. McFarlin, Des Moines, for appellant. Boyd G. Hayes, Charles City, and William Pappas, Mason City, for appellee. Considered en banc. HARRIS, Justice. This is the third appeal in which we have considered a claim...
1. Which of the following statements is true? a. The serving of written questions, to be answered in writing by the opposing party, is known as interrogatories. b. A long-arm statute becomes applicable only in cases in which the court has been found not to have a venue. c. An attorney "cross-examines" a witness who has been called to establish the facts about his or her side of the case. d. If a demurrer entered by the defendant is sustained...
Question 11 Herman bought stock in Pear, Inc., a popular computer company,Afew months later. Herman sells his stock at a loss of $5 per share.A year later, Herman is till angry over losing money and reads about certain shareholders not receiving dividends from Pear, Inc. Herman decides to sue the company on behalf of shareholders Will Herman's lawsuit be allowed? Yes, as long as Herman owned Pear,Inc.stock at some point he can sue O Yes, any person can bring a...
Partnership 1 Anthony Baldwin, Reginald Turner, Stephen Hines, and Celeste Richards were all business graduate students at Tennessee State University. They were anxious to start some kind of business venture to make some money while they were still in graduate school. Baldwin came up with the idea that they Could make money with a mobile bar and lounge unit that they could transport to festivals and special events. Turner, Hines, and Richards did not have any money, but Baldwin said...
The differences & similarities between the federal & state court systems. 2. The structure of the Washington state court system; i.e. the trial court of general jurisdiction, the intermediate appellate court, the state supreme court. 3. Remember, Washington is in the 9 th Circuit Court of Appeals. 4. Under both the Washington state and federal court system, there is one appeal as of right. Appeals to the Washington Supreme Court(in the state system), or to the U.S. Supreme Court in...
Case review for Alaska Packers Assoc. v Domenico (9th Circuit, 1902) Issue, Ruling, Application, Conclusion ROSS, Circuit Judge. The libel in this case was based upon a contract alleged to have been entered into between the libelants and the appellant corporation on the 22d day of May, 1900, at Pyramid Harbor, Alaska, by which it is claimed the appellant promised to pay each of the libelants, among other things, the sum of $100 for services rendered and to be rendered....
d. doctrine of precedent e. none of the above Short Answers- Answer each question below with regard to the number of points assigned to the question, 1. Short Answer (15 points) Facts Susan is a 30 year-old farmer, from Bragg Creek, Alberta which is located approximately 30 km from Jumping Pound, Alberta. Susan owned four productive milk cows that she wished to sell for $800.00 each. George, her neighbor, had been looking at the cows for a few weeks but...
Please read this case and answer the questions separately: 1. What is the issue of the case? (Write it in the form of a question – it is the question the court must answer) 2. What are the applicable rules in the case (define them). Why are the rules applicable? a. What kind of discrimination is taking place – disparate treatment or disparate impact? Justify your answer. b. What protected class or classes are affected? Why? 3. Analyze the case....
please answer the question after reading the below article Please note that the answer should be in your own words....... What do you think? Consider the history of prisons in the U.S. and our cultural history. Why does the U.S. seem to have a much greater need to punish people as compared to other western nations?? Article is below; Norway Mass Killer Gets the Maximum: 21 Years OSLO — Convicted of killing 77 people in a horrific bombing and shooting...