Given specified circumstances of an employment relationship, determine the circumstances under which an employer is liable...

Given specified circumstances of an employment relationship, determine the circumstances under which an employer is liable to an employee for employment discrimination or wrongful discharge.

FACTS: Minnie and Daisy both sue the School of Prof Arts and Professor Goofy for discrimination and further, for liability for their injuries (the stabbing damages Minnie's son sustained when Professor Goofy did not stop a fight and the damages to Daisy’s son’s health from watching the stabbing.) You are one of the board of directors for the School of Prof Arts and you need to analyze the liability of Professor Goofy, and any liability the School of Prof Arts has to Professor Goofy. Professor Goofy claims his firing was illegal because it was based on his being a convicted felon. His contract with the School of Prof Arts provides him with defense coverage for any acts he takes while working for the School of Prof Arts. Limit your answer to Professor Goofy's liability and the School of Prof Arts's liability to Professor Goofy for any illegal firing.

Solutions

Expert Solution

Let us start with Professor Goofy's liability with this unfortunate incident. This is his duty to maintain safe environment in school premises & uable to stop the fight before it actually starts shows lack of proper supervision on his part. He is liable to control any crimes happening in the school. This incident can be averted if he would have called security guards to stop the fight between the two students. His inadequate measures & lack of diligence keeps the fight on & lead to the mental trauma as well as physical damage to the students. As far as the school of prof Art's is concerned, the circumstances under which the act of being fired from the job can be justified is where the particular act of negligence of performing the duties becomes evident. Another angle of this case can be; the incident might take place in his absence & he might arrive the situation lately when the vilolence already happened. In such circumstances how prof Goofy can be held liable for injuries that take place in the school premises. So without investigating the evidences we can not fire him from his post. This will be considered as illegal to do so. In this case an independent investigation may be ordered to find who is guilty.

Hayet Jeridi answered 1 year ago

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