Michigan Court Case: Charles Toussaint vs BlueCross Blued Shiled

Under the confines of "Uniform Guidelines," those employers who deliberately or unintentional fails to adhere to

One of RAPIDS’s foundational barriers against lawsuits is to approach the business with an attitude of prevention. A few of RAPIDS’s policies will be to implement a three day orientation session and to require each employee to read the employee handbook. All employees who are hired will be required to attend this session and will be subsequently tested to ascertain that

1. The court meant by its statement that negligent hiring and negligent retention “rely on liability on the part of an individual or a business that has been on the basis of negligence or other factors resulting in harm or damage to another individual or their property” (Luthra, 2011) and not on “an obligation that arises from the relationship of one party with another” (Luthra, 2011). The court meant that “negligent hiring and negligent retention do not rely on the scope of employment but address risks created by exposing members of the public to a potentially dangerous individual” (McAdams, 2007, pg. 457).

Thank you for bringing the following situations to my attention. I have completed my review of each case, and am providing my feedback accordingly. Please review the results below.

The U.S. Supreme Court acknowledged that a violation of the “knock-and-announce” rule does not require the courts to suppress any evidence found in a search when officers were pursuant to a valid warrant.

From the employer/employee social prospective, this case almost certainly, negatively impacts the relationship between the two. Neither party can conclude what is mandatory or up for bargain when contracting with one another. These imposed contracts have the unnecessary consequence of forcing employers to retroactively extend to workers optional benefits for which they did not contract.

4. Explain why the disclaimer in the employee manual does not have the effect desired by the employer. Champion Jogbra employee manual was unclear and misleading. Disclaimers when used should contain language that is clear, specific and communicated effectively to the employees. Disclaimers when used should be presented in a manner that is prominent and obvious manner, (Walsh). Champion Jogbra, on one hand the employer, will provide fair and equal treatment, on another hand the employee can be terminated at anytime. These are mixed messages the employer, Jogbra was providing its employees. Policies listed in the employee handbook made the employees feel as though their job was protected, even though Champion Jogbra does not offer employment contracts. The guidelines listed in the employee handbook as champion Jogbra so eloquently called them are not a part of an employment contract and should not be taken as such. However the guidelines were vague and gave the employees false pretense that their

Assume that you are the judge on appeal – how would you rule? Apply the appropriate legal principles. Refer to Clark v. Aukerman (Links to an external site.) as precedent.

Supreme courts generally handle cases that are more demanding and additional support is needed to reach a verdict. The Supreme Court of Michigan is the highest-ranking court in the state of Michigan. It’s located in Lansing Michigan and consist of seven justices. Each justice is responsible for reviewing each case to determine rather leave should be granted to the case. The Michigan’s supreme court is responsible for supervising all the of Michigan and establishing rules and produces for the courts in Michigan as well.

Appellant contends that the district court erred in convicting her under the malicious-punishment statue as well as in ruling that the statute does not require proof of bodily harm. Accordingly, if proof of bodily harm is not required for conviction of malicious punishment, the statute is unconstitutionally vague.

In many cases, employee handbooks do constitute valid employment contracts, especially if the handbook guarantees a particular salary, a minimum period of employment, regular job evaluations, or disciplinary, grievance, or termination proceedings. In such instances, it is difficult to terminate an employee without following the written procedures. In addition, promises of job reviews, raises, training, and promotions can also be binding, so should be avoided by the employer. Employers

When we are dealing with the employment relationship between employers and employees, ethical issues are most likely to emerge. Especially, if a manager fires a worker without a proper reason, critics will follow this employer’s behavior. In Patricia Werhane’s paper, “Employment at Will and Due Process”, discusses two doctrines which are Employment at Will (EAW) and Due Process. It also addresses some justifications and objections for EAW, and shows Werhane’s supportive view to Due Process. In contrast, EAW is defended by Richard Epstein in his article “In Defense of the Contract at Will”. In my paper, I will attempt to develop my argument in favor of Employment at Will that could improve flexibility and efficiency of

Walsh, D. J. (2013). Employment Law For Human Resource Practice (4th ed.). Mason, OH: South-Western Cengage Learning

John’s first step in the process is to go online or visit the nearest EEOC office. There they have an assessment system consisting of two parts. To determine if the EEOC is the appropriate agency to give John help, Part one asks general questions about the complaint. John will be asked if he wants to complete Part two after he answers the Part one questions which will ask more specific questions about his situation and will allow him to submit this information to the EEOC for follow-up. Completing this two part assessment system is not the same as filing a charge. If John wants to sue his

An employer-employee relation is influenced by different factors that revolve the operational scope of the organization. In the contemporary working environment, employers are obliged to meet specific regulations, such as ensuring that the technical platform is safe and compliant with distinct specifications. The participative decision-making process has been prominence in the last two decades. It creates a platform where employees can air their grievances on different issues that affect them. This paper will focus on a lawsuit case study involving Electromation-Incorporated and National Labor Relations Board regarding various employees’ issues. Even though Electromation Inc. violated labor rules of failing to register their workers