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Employment Laws - Assignment Example

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Sean may have cause of action depending upon the details of the sexual harassment case. The supreme court determined in Meritor Savings Bank, F.S.B. v. Vinson that there are two forms of sexual harassment. The first form of sexual harassment involves sexual demands being made in exchange for benefits (raises, promotions, etc.)…
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Running Head: LAW September 23 Sean may have cause of action depending upon the details of the sexual harassment case. The supreme court determined in Meritor Savings Bank, F.S.B. v. Vinson that there are two forms of sexual harassment. The first form of sexual harassment involves sexual demands being made in exchange for benefits (raises, promotions, etc.). According to Condrey (2005), "The second category for which the Court established employer liability is hostile work environment harassment" (p. 52). If Sean was just fired for sexual harassment the worker may have violated Sean's right to confidentiality in stating that Sean was fired for sexual harassment, as this has not been legally proven. However, if the individual that was sexually harassed brought charges against Sean and he was found guilty than this case is a matter of public record. If a court of law failed to find Sean guilty of sexual harassment than this is a breach of Sean's confidentiality and he will have cause to action to a defamation of character civil suit against the company. The civil suit that would be filed would entailed slander. According to Larons (2003), "Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation" (pp. 4). The woman in question maybe found liable if it is proven that Sean is innocent of this crime. However, proving this woman liable is quite hard.
Jim was fired for misappropriating funds. Determining if Jim had cause of action against his former company will depend upon the facts of the case. Does the company have evidentiary support that Jim misappropriated funds In further does this evidence support the notion that this was done on purpose and not a miscalculation Did the misappropriated funds occur on more than one occasion All of these factors will determine if Jim has cause to action.
Sean and Jim's cases are similar as they both need the support of evidence in order to prove their case. If either of these men were charged and found guilty of these crimes in a court of law there would be no cause of action. However, without the being convicted of this crime both men will have cause to file a defamation of character suit against their former employers.
Question 2:
Paul has cause of action against the employer for failing to keep his confidential information private. In further, if Polly found this information by examining Paul's medical claims the company has breached confidentiality. Under the assumption that the company has rules and regulations safeguarding an individual's personal information (such as health records or social security number) that Polly needs to be terminated immediately. In addition, Paul has claim to claim civil action against Polly as she has damaged his reputation. According to Citation "Most jurisdictions also recognize 'per se' defamation, where the allegations are presumed to cause damages to the plaintiff" (pp. 8). Paul's career maybe jeopardized by the release of this medical information. Co-workers may react differently to Paul's presence and he may be turned down jobs/promotions within the company as a result of the illness. Many jurisdictions will allow a 'per se' case on the grounds that it involves a sexually transmitted disease. Although it is unknown how Paul acquired this disease, Paul will have legal cause to file suit. Paul needs to seek legal counsel against the company immediately.
References
Condrey, Stephen., (2005)., Handbook of Human Resources Management in Government., John Wiley & Sons Inc., New York, New York.
Larson, Aaron., (2003). Defamation, Libel and Slander. Expertlaw. Retrieved from: http://www.expertlaw.com/library/personal_injury/defamation.html Read More
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