help with disc and res pap due in 48 hours

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Week 2 discussion:

Franklin, a U.S. born individual of English ancestry, works for the China Lights restaurant, which is owned and operated by two U.S. citizens of Chinese ancestry. Franklin's coworkers Jin Pan and Dongping Jiang, also U.S. citizens of Chinese ancestry, are late for work virtually every day, but no action is taken against them for this, even though the owners are aware of Jin and Dongping's tardiness, and even though there is a stated workplace policy that an employee reporting to work late, more than once in a sixty day period will be dismissed. Franklin reports to work late twice, 55 days apart, and he is dismissed.

Lesson 1 Discussion Case

During the course of her work at Smithville Inc., Joan started looking into a new product that she thought might be dangerous. Three weeks after asking questions about the new product, Joan was terminated for what Smithville claimed was poor performance as an IT specialist.

My past discussion:

Joan may be concerned about workplace retaliation and possible legal ramifications if she believes that her termination was related to her questions about a new product that may be unsafe. It seems like the wrong termination, which is when your employer fires you for an illegal reason (Wrongful Termination or Discharge | USAGov, n.d.). An investigation would have to take place, along with a look into Joan's performance history, when she was fired in relation to her questions, and any other pertinent data.

Joan might be able to file a retaliation claim legally if she can show a link between her termination and her efforts to expose the new product. Retaliation occurs when an employer takes an “adverse action” against an employee because s/he has exercised a “protected legal right” (Retaliation: Things You Should Know about Protected Workplace Rights, n.d.).An employer cannot retaliate against you for exercising your rights under the Department of Labor’s whistleblower protection laws (U.S. Department of Labor, 2023). Joan may be able to take legal action if it is determined that her termination was a result of her raising concerns about the product's safety. In order to ensure justice and compliance with employment regulations, investigate termination cases in accordance with established standards. The particulars of the case, any applicable whistleblower protection legislation, and the veracity of Joan's allegations of retaliation would all influence the legal conclusion. Reinstatement, compensation, or other suitable actions to rectify the unjust termination and safeguard workers who voice valid concerns about workplace safety are possible remedies if violations are discovered.

The conditions specified in Joan's employment contract and Smithville Inc.'s policies are also very important because they deal with termination procedures and whistleblower protection. Assessing the legitimacy of her termination depends heavily on the implementation of fair employment standards, especially if it turns out that the stated cause for the dismissal—poor performance—was made up. The function of human resources in carrying out an exhaustive inquiry according to appropriate protocols and guaranteeing due process is an additional crucial facet in the legal domain. And lastly, should legal action be taken, it would take place inside the larger legal framework that controls employment decisions. This would include presenting evidence, proving a link between the termination and protected activities, and requesting remedies under the relevant employment laws.

References:

Wrongful termination or discharge | USAGov. (n.d.). Www.usa.gov. https://www.usa.gov/wrongful-terminationLinks to an external site.

Bennett-Alexander, D., & Hartman, L. (2022). Employment Law for Business (10th ed.). McGraw Hill. https://prod.reader-ui.prod.mheducation.com/epub/sn_e259/data-uuid-a0e73ed536c2452a81a0637ecb5468bbMLinks to an external site.

Retaliation: Things You Should Know About Protected Workplace Rights. (n.d.). Legal Aid at Work. Retrieved January 22, 2024, from https://legalaidatwork.org/factsheet/retaliation-things-you-should-know-about-protected-workplace-rights-2/#:~:text=Retaliation%20occurs%20when%20an%20employer

U.S. Department of Labor. (2023). Whistleblower Protections | U.S. Department of Labor. Www.dol.gov. https://www.dol.gov/general/topics/whistleblowerLinks to an external site.

The errors the professor advised I made:

At least one relevant court case not found in the textbook must be used as a reference. That does not include articles written about cases. Using Westlaw in the online database located in the University Library works well. If you need assistance with this resource, please contact the embedded library available in the Librarian discussion board. Only scholarly sources should be used. APA errors. No management tips were provided.

The minimum page length for your Turnitin submitted assignment case research paper is four pages for the analysis and management tips combined, and the submission may not exceed six pages. A one-inch margin on all sides is to be used, and double spacing should be used for all lines except where block quotes dictate otherwise per APA. I don't grade on volume, but I do grade on thoroughness. Examining a case from the plaintiff's perspective and then from the defendant's perspective can demonstrate your understanding of the issues and how the law applies based on assumptions from each side. I am not seeking and do not want a recount of the case presented. I am looking for you to demonstrate your understanding of the legal concepts by applying them to the information provided. Assumptions must be made due to the limited information given, but you should state your assumptions in the analysis. Assumptions do not include fictional interactions of the parties mentioned. The Turnitin link in the Week 2 module should be used to submit your paper for Lesson 1. You do not need to visit the Turnitin website to submit your papers. Your Lesson 2 paper will be submitted using the Turnitin link in the Week 4 module. If artificial intelligence is used to write parts or all of the submission, it will be considered plagiarism.

Discussion board cases follow the same development guidelines as the research papers, but there is no minimum length and only two scholarly sources with one a relevant court case are required. Papers addressing discussion board cases are to be posted to the discussion board along with at least two responses to other student papers.

Using outside cases is a great way to bolster your analysis and must be done for each case being analyzed. At least one relevant legal case not found in the textbook must be used as a reference and properly cited. By researching similar cases and incorporating them into your analysis, you provide substantial support for your arguments. When including outside cases, you need to provide a brief overview of the case as well as the ruling and tie it back to the case you are analyzing. If you have a harassment case, you should locate a couple of similar cases and report information from them. You would then state that based on those cases, you can conclude that this case would most likely result in a similar ruling and tell what that might be. You must use the actual cases and not articles written about cases. Westlaw in the University's online library databases is a great source for federal cases.

For management tips, I'm look for you to provide a narrative of how you would deal with the issue presented and prevent similar issues in the future. You can use outside sources for advice on dealing with similar issues.

Graduate work is almost always like writing a research paper. Citing published sources gives credibility to your recommendations and is a requirement. This is not about your opinion but is about applying facts learned through your research.

Postings to discussion board questions and lesson cases should use the following format and thoroughness:

Analysis - present the legal arguments related to the question. This should be very thorough. Make sure to include the analysis elements listed below as well as citations for the legal concepts used.

Management tips - provide management with advice on how to correct the current situation and/or how to prevent such a situation in the future. Well developed recommendations with specificity should be provided.

References - at least four scholarly sources other than your book for Turnitin papers and two for discussion board papers. At least one relevant court case not found in your textbook must be used, and that does not mean articles written about cases. You may use your text book, but it does not count as one of your required references. Wikipedia and my class notes are not acceptable references. Please refer to the APA Manual for assistance on properly citing sources. A link to APA information may be found under Learning Resources.

Please clearly label each section such as analysis and management tips.

The online databases made available through the University Library are a great resource. Westlaw is a great resource for court cases while Academic Search Premier is very good for full-length articles. To provide a better understanding of my grading policies, a grading rubric has been posted under the Syllabus link. Also, please use primary sources when possible. This means using the actual court case documents and not articles written about cases.

Analysis Elements

Is the organization private or public?

If private employment, at will applies...unless there is an implied contact such as a policy, a company handbook, written agreement or verbal agreement (must provide witnesses/proof that it existed); if public then due process applies and the person has the right to appeal the decision

What law or laws might apply (e.g., Civil Rights Act of 1866, ADA, FMLA, Torts, etc., -- in some cases more than one law will apply)

Is there a minimum number of employees required by the law(s)? For Civil Rights Act it is least 15 employees for private employers

Does a statute of limitations apply for this law or laws? For the Civil Rights act it is 180 days

What type of discrimination is taking place? Intentional/Disparate treatment, mixed motive, or adverse impact-What is the evidence to support it? If evidence for more than one, which would be best to file under? Explain in detail using the burdens of proof analysis.

Legal Concepts to Consider

DISPARATE TREATMENT

Prima facie case

Legitimate reason/Bona Fide Occupational Qualification (BFOQ) for action/same actor defense/slap in the face qualifications defense;

Pretext/bias comments/unequal treatment(Similarly situated; by same decision maker-if not may not count); lying; pretext plus; significantly better qualifications; timing of adverse action

DISPARATE IMPACT

Adverse impact calculated by job; isolate practice

Firm shows business necessity, job relatedness or manifest relationship

A less discriminatory alternative does exist

Mixed Motive

Discriminatory motives played role in the decision however minor

Employer must show would have made the same decision anyway absence the discriminatory element

Charging party must them refute the evidence and show pretext; this may be shown by circumstantial evidence

To review feedback for graded lessons, access Turnitin from the online grade book. There should be a link in the grade book to your submission and my feedback can be found there.

If you have questions regarding the lessons, please let me know.