In addition, PROS instructed Kincade not to work from home in an effort to improve his performance. This is a legitimate, non-retaliatory reason for the personnel action about which he complains. When Elliott Williams had trouble finding Kincade at work after Kincade had been assigned to a new project, Williams believed he needed to be at work to improve his performance and instructed him not to work from home. Williams Aff. ¶ 14. PROS also had a legitimate reason for requesting a doctor's note based on his attendance issues. Kincade sometimes stated that the reason that he showed up late to work and/or left early without notifying his manager was because he had doctor's appointments. As a result, Williams required a doctor's note for the time away from work. Williams Aff. ¶ 16. Because Kincade has insufficient evidence that these reasons are false or that retaliation was a motivating factor, his retaliation claim fails as a matter of law. D. Kincade …show more content…
The U.S. Supreme Court has clarified that a successful constructive discharge claim requires even greater severity or pervasiveness than a hostile work environment claim. Because Kincade's claim does not even satisfy the lesser standard of a hostile work environment, summary judgment is
In Laduzinski v. Alvarez & Marsal Taxand LLC, plaintiff was looking for a job with defendant, Alvarez & Marsal Taxand LLC. Plaintiff, Laduzinski, claimed that he was lured away from his job under false pretenses since defendants hired him to get access to his contacts. Nine months later, after plaintiff had given all his contacts, the manager of the Alvarez companies fired him because there was no work for him. Laduzinski brought a claim to recover damages for fraud in the inducement. The lower court dismissed plaintiff’s claims because plaintiff was an “at will” employee. After Laduzinski appealed, the issues were whether the complaint stated a cause of action for fraudulent inducement, despite that Laduzinski was an at-will employee; and whether the alleged misrepresentations were actionable statements of present fact or non-actionable future promises.
...g went to the fact that even though the business did not purposely discriminate, it did in fact due to a policy that is discriminatory in nature. In other words, the true reason for the firing was directly related to substance abuse. Although the employee was technically not let go due to the abuse specifically, the fact that this occurred in fact is enough to render the policy unfair. I feel that this law provides great value to my workplace as, it protects those who have made mistakes at the workplace due to a disability. In this case it was substance abuse, but the same concept could be applied to other conditions that alter behavior.
McKenna violated the Title VII of the Civil Rights Act and was completely liable for his actions. Similar cases such as Burlington Industries, Inc. v. Ellerth & Faragher v. City of Boca Raton(1998) – Employer is always liable when a hostile environment is created by a supervisor that results in tangible employment action (e.g., termination). It is a also evident from the case of Harris vs. Forklift (1993)- psychological damage not necessary for illegal “hostile or abusive environment” that a “reasonable person” would find hostile or abusive support that Mr. Mckenna is liable.
The Board received a complaint on 04/02/2014 regarding patient Gloria Kinder from Dena Andrews who has a POA for health care matters on the patient. The complaint was regarding Dr. Negron taking over care of the patient after her primary care doctor retired. The complainant states that the doctor would not refill her potassium, did not do follow up labs, and would not care for the patient.
After the change in supervisors, Smith’s previous five occurrences from Reed were supposed to be removed, but they were not. Rather, Knutson continued to give Smith occurrences that were added to Reed’s. Knutson gave Smith one-half occurrence marks for being less than an hour tardy on November 26, 2012, December 21, 2012, December 26, 2012, January 8, 2013, January 14, 2013, and January 22, 2013. Knutson gave Smith two occurrences for not being at work on April 29, 2013, and July 3, 2013. After July 3, 2013, Smith had accrued nine occurrences. Smith was subjected to multiple Corrective Action Conferences and a Performance Improvement Plan for those incidents. Smith’s disciplinary issues prevented her from getting a
You have asked me to research, analyze, and prepare a memorandum predicting whether Rose can establish a prima facie case of retaliation against Pickering. As you instructed, I have limited my research to federal law and have not addressed other aspects of a Title VII claim including exhausting administrative remedies, quid pro quo relationships, and sexually hostile working
Paul Cronan was hired by New England Telephone (NET) in 1973 as a file clerk. In 1983 he was promoted to service technician. He worked in Needham, Massachusetts for 18 months before transferring to South Boston, Massachusetts. In 1985, Cronan suffered from medical symptoms due to AIDS-related complex (ARC), and missed work sporadically for 6 months. In June, 1985 Cronan requested a third leave of absence from work for a doctor’s appointment. Cronan’s supervisor, Charles O’Brian, demanded to know the nature of the illness, and assured him that the information would be kept confidential. Cronan informed O’Brian that the illness was AIDS-related, whereupon he received the work excuse to see his doctor. O’Brien informed his supervisor, Paul Cloran, of Cronan’s AIDS status, who in turn informed his own supervisor. The following day, in accordance with company policy, O’Brien mandated that Cronan see the company physician. After a 10 minute physical examination Cronan was sent home.
This article emphasizes that poor record-keeping by line managers was an issue. The article identifies a few difficulties that line managers faced in the healthcare industry. They were not willing to or not able to control employee absence in compliance with the policies and guidelines of the organization. Absences were reported late, not reported, or reported inconsistently. Most employers asked the employees to inform of their absence within the first day, but over a quarter of the employers did not have a procedure for employees to follow. The line managers were responsible for any absence notifications. Eighty five percent of employers documented absences on return-to-work interviews, yet only half of the employers required their employees to fill out a return-to-work form.
D-The patient arrived on time for his session. Upon meeting with the patient, he immediately reports he is stable on his dose and then informed the patient about the need to reschedule appt. due to an appt. with CT works with his job coach. This writer asked the patient for any proof of documentation and his response was no. This writer strongly advised the patient that in the near future, if he has to end the session for any reason due to another appointment to either call this writer the day before to reschedule during the same week and also, provide proof of documentation. The patient reports that he wasn't asked for any documents before with his prior counselor and how he is good with appointments. This writer addressed with the patient
Sexual harassment cases can be very unfair when being put under a microscope by judges, managers and supervisors. It can be a potential serious consequence to bo...
Gies, T. P., & Bagley, A. W. (2013). Mandatory arbitration of employment disputes: What's new and what's next?. Employee Relations Law Journal, 39(3), 22-33.
...graphs, the 2008 Code has developed to encourage the employment disputes to resolve within the workplace, with the intent to reduce the tribunal cases as well. However, the employers faced difficulty to indicate the reasonableness in 2008 version, due to ambiguous paragraphs. While the cases, in particular, the dismissal matters, this Code has caused the tribunal to determine about the reasonableness of the fairness dismissal. In another explanation, the judgement is depending on how the tribunal treated it. Therefore, the employers might hard to identify with the reasonable reasons of dismissal in this time, they only can rely on the tribunal judgement.
While working in my prior job I used to see many unethical issues that used to be oversee. There is one that called my attention, perhaps because I got to see how the person will do it over and over and didn’t get cut up; no in the time I was working there. For almost a decade that I know this employee, used to call out using his family as an excuse to be absent. The policy of the company said that excessive absenteeism or tardiness could result in termination of an employee. The rule explain that excessive absenteeism and tardiness will received the three steps warning, verbal, written, suspension and last termination. There are exceptions to the policy to receive an excuse absent or tardiness, which are doctor’s note, school’s notes or
Part 2 of Employer Duties and Rights- management rights, subcontracting, just-cause discipline and discharge, and safety standards.
There is evidence to support that there were other employees in Cronan’s department. When his illness was revealed co-workers purportedly threatened to lynch him if he returned. Later it was reported that damaging graffiti had been written on the bathroom stalls. On his return to work after the legal settlement he was treated like a leper by fellow employees. That same day, several co-workers filed a grievance with the local union protesting his re-instatement. The next day the workers walked off the job to reduce their contact with Cronan. Later several employees spoke of their fear of the disease and discomfort with Cronan. These examples prove that there were other employees in the department and thus the supervisors had to see that their rights were upheld, also.