Question

In: Accounting

Business Law question: Your business is being sued by Emily, a former employee, who claims that...

Business Law question: Your business is being sued by Emily, a former employee, who claims that she was sexually harassed by one of your other employees, Frank.

Your business has a written employee policy manual that makes it clear that sexual harassment will not be tolerated at your workplace. It also designates one of your other female employees, Sarah, as the designated reporting person for reporting any incidents sexual harassment.

Frank admits that one day, he flirted with Emily, and asked her for a date. But he doesn't believe that anything that he said or did rose to the level of sexual harassment.

Emily says that Frank did sexually harass her, one time, on one day. She found the incident so upsetting that she immediately quit her job. She did not report the alleged sexual harassment to Sarah, nor to anyone else at your business, before she left.

Emily is now suing your business for sexual harassment, and for wrongful termination based upon a legal theory of constructive termination.

Go to the discussion area and answer the following questions:

1. Can Emily successfully recover damages against your business for sexual harassment? Why?

2. Can Emily successfully recover damages against your business for wrongful termination? Why?

3. What actions, if any, should you take against Frank? Why?

Expert Solution

Organizations those are having policy like Whistler Blower, Sexual Harassment Equal events are concerned about equality among their employees. Here in this case as Emily as per her words were sexually harassed by his colleague Frank. Due to this reason she felts bad and quit her job, without raising any action against Frank as per the policy.

She comes back by filing case against the company over the sexual harassment etc.

1. Knowing all facts Organization has complete policy and manual as well as procedures in place to tackle all these issues at business level. Secondly Emily also has right to use that same. She filed case against company for sexual harassment without reporting the incident to the designated reporting person in this regard.

Just Frank has admitted his last actions doesn’t held against convicted in law unless he has given opportunity to present his actions that day.

On complete evaluation of whole scenario Emily actions is not tenable in law and will not able to recover damages from our business for sexual harassment.

2. Due to some unwanted actions or behavior of Frank cause her to quit her job on her own. Quitting on oneself will never be regarded as wrongful termination. Hence Emily will not be successful to recover damages against wrongful termination.

3. Every actions has its repercussion so here Frank must be given warning as “ Last Warning” secondly if any compliant against him will be raised at any level will not spared. Management will take expedite action against the same and as well as recover penalty in monetary terms also.

Above actions is important in above scenario because just because of his behavior Business already faced suit file in Sexual harassment which will degrade the brand name of the company.

Above actions for Employees Safety , Business growth etc.

ekkarill92 answered 1 year ago

For each independent situation: 1. A former employee of Melvin Minimarket Inc. sued the company for...

For each independent situation: 1. A former employee of Melvin Minimarket Inc. sued the company for $900,000, alleging that the company owner harassed her. Melvin's lawyers suggest that the lawsuit has a 30-40% probability of success and that, if successful, the plaintiff will be awarded between $400,000 and $500,000. 2. Leduc Pyrotechnics Ltd. received a $15,000 fee to guarantee the $800,000 bank indebtedness of Kenora Fireworks Inc. The fair value of the guarantee is initially estimated to be $15,000. 3....

Business Law Question: A woman from British Columbia, Saliha Alnoor, recently sued Colgate-Palmolive, alleging that she...

Business Law Question: A woman from British Columbia, Saliha Alnoor, recently sued Colgate-Palmolive, alleging that she was injured by a defective toothbrush. She stated that the toothbrush snapped as she was brushing her teeth, which injured her gums and caused them to bleed profusely. Alnoor claimed that she had endured permanent injury and sought damages, including $94 000 in anticipated treatments. Colgate denied any wrongdoing. Soon after the trial began, the judge made several rulings against Alnoor, who was self-represented....

BUSINESS LAW QUESTION 1. If Charlie is being accused of battery, could this be a criminal...

BUSINESS LAW QUESTION 1. If Charlie is being accused of battery, could this be a criminal trial, a civil trial, or both? Both Neither Civil Criminal 2. Dave is starting a new company making high-end hoodies and needs to find distributors to move his product. He doesn't have any agreements with any distributors at the moment. His brother Johnny hates Dave and wants to destroy his business, so he goes to all the distributors in town and offers them $5,000...

Law question: law of tort 1. Tom was an employee of the restaurant and Peter was...

Law question: law of tort 1. Tom was an employee of the restaurant and Peter was a customer. When serving the customers, Tom accidentally caused injury to Peter. Could Peter claim against the restaurant on his injury by reason of vicarious liability? As Peter was recovering from a previous injury, the accident resulted in Peter entirely losing the use of his leg. Could the claim by Peter be reduced due to his previous injury? The restaurant was in the shopping...

Present and former law review editors who were researching disciplinary systems and procedures at the military...

Present and former law review editors who were researching disciplinary systems and procedures at the military service academies for an article were denied access to case summaries of honor and ethics hearings, with personal references or other identifying information deleted, maintained in the United States Air Force Academy’s Honor and Ethics Code reading files. It was the Academy’s practice to post copies of such summaries on forty squadron bulletin boards throughout the Academy and to distribute copies to Academy faculty...

Now let's say you hire the former employee of your competitor (without having had that conversation...

Now let's say you hire the former employee of your competitor (without having had that conversation about the laptop or the other proposal) and one day, the new hire dumps a stack of paper on your desk with no explanation. It turns out to be the competitor's proposal. What do you do and why?

Describe the role of managerial accounting in your current or former place of business. If you...

Describe the role of managerial accounting in your current or former place of business. If you have not been employed by a company that uses managerial accounting, choose a well-known company and describe how managers of that company might use managerial accounting information. Be specific. Do not choose a company that one of your classmates has already written about.

Who is covered under the FIT Law and what are the implication of being considered covered...

Who is covered under the FIT Law and what are the implication of being considered covered hnder FIT Law?

An employee, who is paid $2,130.00 on a semi-monthly basis, is also being paid a $1,200.00...

An employee, who is paid $2,130.00 on a semi-monthly basis, is also being paid a $1,200.00 bonus on a separate cheque, within the same pay period. To date this year, the employee has only had $1,968.00 in Canada Pension Plan (CPP) contributions deducted, so the employee will not reach the maximum with these payments. Calculate the employee’s CPP contribution on the regular semi-monthly pay of $2,130.00 and on the separate bonus payment of $1,200.00. Show all calculations for full marks.

What is the critical error being committed when an employee who reports to you takes a...

What is the critical error being committed when an employee who reports to you takes a complaint directly to your manager and receives resolution?