Please discuss on how an employer of a team member responds to its state law (s) relating to employment at will. Include the manner in which they assure that any exceptions to employment at will existing in its state are addressed.
The state is Colorado. http://www.employmentlawyercolorado.com/employment_practice.html.
The company that is being researched is: http://www.cambiumlearning.com/.
I have also attached the handbook.
I need help getting started and ideas about how to approach this question. Please include references. Thank you.© BrainMass Inc. brainmass.com October 16, 2018, 8:13 pm ad1c9bdddf
Let's take a closer look through discussion and example.
1. Please discuss on how an employer of a team member responds to its state law (s) relating to employment at will. Include the manner in which they assure that any exceptions to employment at will existing in its state are addressed.
In the majority of states, employees not working under an employment contract are deemed to be "at will." At-will employees may be terminated for any reason, so long as it's not illegal. There are numerous illegal reasons for termination. Typically such reasons fall into one of two large categories: illegal discrimination or illegal termination in violation of a public policy. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract.
In Colorado, there are two exceptions to the at-will rule based upon the legal principles of "public policy" and "implied contract." First, the public policy exception simply means that an employee cannot be fired for performing a legal duty or exercising a legal right. Second, a binding employment relationship may be found to have been created by an implied or an express contract. The contract theory usually arises in situations in which procedures outlined in personnel handbooks are construed as a ...
Based on Colorado laws, this solution discusses how an employer of a team member responds to its state law (s) relating to employment at will. It also includes the manner in which they assure that any exceptions to employment at will existing in its state are addressed.
Business Law Questions
Please choose the correct answer.
1. The concept of flexibility in the law is best illustrated by:
a. The use of precedent to decide similar cases in similar ways.
b. The ability to overturn precedent when it is no longer valid or when it is erroneous.
c. The use of appointed judges rather than elected judges.
d. Imposing mandatory penalties for criminal violations.
2. Assume that there is a provision in the Colorado state constitution that is in conflict with a statute that was passed by the U.S. Congress and enacted into law. Which is true?
a. The Colorado constitutional provision will control; the federal statute is invalid.
b. The federal statute will control and make the state constitutional provision invalid.
c. In Colorado, the Colorado constitutional provision will control over the statute passed by Congress, but the federal statute will apply in the other 49 states.
d. Within Colorado, whichever was passed first will control over the other.
3. The concept of standing requires that:
a. Parties appear in person in order to present their cases.
b. A plaintiff has a stake in the outcome of a case.
c. Parties must always be represented by a properly admitted member of the bar.
d. Both parties must always be given a chance to appeal once a judgment has been entered.
4. When an appellate court receives a case appealed to it, it will:
a. Retry the case with a new jury.
b. Review the jury's verdict to see if the appellate court judges would have reached the same result.
c. Retry the case with the appellate court judge acting as the jury.
d. Review the record of the trial court to see if there were any errors of law made by the judge.
5. A business that continues to operate its domestic factories in order to avoid layoffs rather than shift its production overseas at lower cost is most directly applying which theory of the social responsibility of business?
a. Moral minimum.
b. Maximizing profits.
c. Stakeholder interests.
d. Corporate citizenship
6. Which of the following is true regarding contract validity?
a. A void contract is one where a party has the option to avoid her contractual liability.
b. A voidable contract is one in which a party may avoid her obligation under that contract.
c. A voidable contract is one that has no legal effect because one of the essential elements is missing.
d. An executory contract is also unenforceable.
7. Under which of the following circumstances can the mistaken party rescind a contract when there is a unilateral mistake?
a. The mistaken party first held the mistaken belief prior to entering into the contract.
b. The mistaken belief is one that a reasonable person would have made.
c. The nonmistaken party was aware of the mistaken party's belief.
d. The mistake has a material effect on the value of the contract.
8. Patty owned a sole proprietorship. She had four salespersons selling the company's products. One of her salespersons made false statements about a competitor's products while trying to sell Patty's products. The competitor sues Patty's business and wins the lawsuit. Under what circumstances could Patty be personally responsible to pay the judgment?
a. None, because this was a debt of the business.
b. If Patty was separately named in the lawsuit.
c. If Patty knew about the salesperson's activities.
d. Patty is liable here regardless of any other circumstances.
9. Mark recently started a small business, and acquired a domain name for the business. At the same time he remembered hearing about people buying up names related to companies and famous individuals and then selling the names for astronomical sums. Mark wants to buy the domain name, "Sharonstone.com." He figures he will start a fan club for the famous movie star, and then see if he can sell the domain name to her for a profit. Which is true in these circumstances regarding Mark's options?
a. He will be unable to buy the name because it is the name of a person.
b. He will have to give Sharon Stone the first opportunity to buy the name.
c. He could buy the domain name, but could be liable under the Anticybersquatting Consumer Protection Act if it is proven that he acted in bad faith in acquiring the name.
d. He could buy the domain name, but could be liable under the Anticybersquatting Consumer Protection Act if it can be proven that he acted in bad faith in acquiring the name and only if Sharon Stone can prove that she suffered damages from his Web site.
10. Which of the following is true?
a. All employees are agents, and no independent contractors are agents.
b. All employees are agents, and some independent contractors are agents.
c. Some employees are agents, and some independent contractors are agents.
d. Some employees are agents, and no independent contractors are agents.
11. Which of the following is true if someone believes that he was fired from a job because of his religion?
a. He must prove that the person who fired him is of a different religion.
b. He must first file a complaint with the Equal Employment Opportunity Commission.
c. He will not have a claim if the employer has a disproportionately high number of employees of the same religion as his.
d. He must prove that he is a reasonably active practitioner of his religion.
12. Under what conditions must an employer allow nonemployee union solicitation on company property?
a. If there is currently no union representing the company's employees.
b. If the employees live in a company town such that it would be difficult to solicit the employees off company property.
c. If the purpose is to solicit employees to change union representation rather than to solicit nonunion workers to join a union.
d. If the purpose of the union is to address issues other than wages.
13. If a party has presented a complaint to the Equal Employment Opportunity Commission about alleged discrimination in violation of the Civil Rights Act of 1964, and the EEOC decides to not bring a suit on behalf of the employee, the EEOC will issue a(n):
a. Order of dismissal of the complaint.
b. Notice of the complainant's right to appeal to the appropriate court
c. Judgment in the employer's favor.
d. Right to sue letter.
14. Bob, an employee of Risky Manufacturing, Inc., is accidentally injured by a fellow worker while working his shift. Under workers' compensation, Bob can:
a. Sue Risky or seek workers' compensation recovery, but not both.
b. Sue Risky or seek workers' compensation recovery.
c. Seek workers' compensation but not sue Risky.
d. Recover from workers' compensation only if Risky was negligent in allowing the injury to occur.
15. Paul purchased a deluxe motor home from Wide Open Spaces Motor Homes. In a product liability suit against Wide Open Spaces Motor Home Corporation, Paul must show which of the following in order to recover?
a. That Wide Open Spaces was the manufacturer of the motor home, and not just a dealer.
b. That the negligence of Wide Open Spaces led to Paul's injury.
c. That a "defect" made the motor home unreasonably dangerous, leading to the injury.
d. That Paul was not misusing the motor home when the injury occurred.
Part Two - Short Essay
Please provide a written answer to each question in a separate document.
Your response to each question should:
1) identify the issue(s) ("This question is about...";
2) define any relevant terms ("Apparent authority is...);
3) an answer or resolution to the question (Under these facts, there is no contract.); and
4) explain how/why you reached your conclusion ("One of the necessary elements of a contract is missing - consideration. There is no consideration because...")
1.Max took his family and a couple of friends out to one of the best restaurants in town to celebrate his recent promotion. Unfortunately, several of his family members suffered injuries from items in the food that night. First, Max broke a tooth on an olive pit in one of the olives in his Greek salad. Shortly thereafter, Max's wife was injured by a piece of glass in her soup. Then one of Max's friends was hurt by some sharp bones in his salmon filet. One of Max's daughters was hurt by an olive pit that was in her mashed potatoes. His other daughter was hurt by a crusty chicken foot in her chicken salad sandwich. Wanting to salvage some aspect of the evening, Max stopped at an ice cream shop on the way home. Upon biting into his ice cream, Max broke another tooth on a piece of bone from a cow. The next evening, as Max was straining his dinner before eating it, he wondered which problems from the prior night would support a breach of warranty claim.
2.One night at a restaurant, Mark and Mary wrote up an agreement on a couple of napkins about a construction project whereby Mark would build a room addition to Mary's house. Mark said he would do this in exchange for Mary agreeing to transfer an empty piece of land that she owned to Mark. It took two napkins because the agreement would not fit on a single napkin. Mark signed one of the napkins, but Mary signed neither. The contract price was $30,000. A few days later Mark saw the plans, which were more complex than he expected. Discuss the enforceability of this contract.
3.Roberto has been asked to be a member of Holtin's board of directors. He is concerned about potential personal liability for actions as a director. Discuss ways in which Roberto can protect himself against personal liability.
4.Monty was an odd sort of fellow who spent most of his time tinkering in his garage. He was certain that some day he would invent something that would make him very wealthy. Finally, he thinks he has the million-dollar idea. He has invented a device that attaches to both his phone line and through his computer to the Internet to block telemarketing calls without having to pay a service fee for the capability to the local phone company. The technology for this already existed, but Monty was the first to put it together in this way. Monty is waiting to perfect this invention before filing a patent application. Monty learns that someone else has invented a similar device after he did, but has already filed an application. Also, someone broke into Monty's garage and stole the information about the invention. Discuss Monty's legal situation.
5.Sam is a sales representative for a pharmaceutical firm. Sam frequently plays golf with his clients and potential clients. One summer weekend when he is on vacation at his family's home in Myrtle Beach, Sam runs into a couple of his clients who are attending a medical convention. They arrange to meet and play golf on Sunday. While on the sixth hole, another golfer tees off prematurely and Sam is struck in the head by a golf ball. Can Sam recover under workers' compensation? What remedies are available to Sam?View Full Posting Details