¶ … legal issues presented by the firing of Uriah may appear to be simple but, in reality, the issues are complex and contingent on a variety of factors. The first factor is whether or not Uriah was employed under a contract with the City. If not, a determination as to the legality of his firing must be addressed in a different manner. Regardless, of whether or not there is a contract, Uriah is still entitled to due process under existing case law regarding the hiring and firing of public employees (Skelley v. State Personnel Board, 1975). Finally, it must be determined whether Uriah's actions as an exotic dancer rise to the level of violating some form of formal or informal moral clause, either contractually or implied as a condition of his employment.
Plaintiff's Arguments
The framework of Uriah's arguments must be based upon two factors. First, he must argue strongly that as a public employee he is entitled to Due Process under the Fourteenth Amendment of the U.S. Constitution (Dowling-Sendor, 2005). His employment with the City of Boca Grande is a property interest and, therefore, subject to Due Process protections. This means that before the government, which in this case is Uriah's employer, can deny him property interest it must provide him with notice of the charges against him and the opportunity to present his side of the issue. As it appears that Uriah was fired summarily he was never afforded the opportunity to defend his
The second argument that Uriah might offer is that the City's actions also impinged upon his liberty interests as well. Uriah could argue that the City, by firing him on the basis of his exotic dancing activities, has had the practical effect of impugning his reputation or stigmatizing him to the affect that his ability to procure future employment was endangered. Uriah can argue he has the right to work and earn a living and the actions of the City have potentially endangered this right. Finally, Uriah must attack the very nature of the reasons for his dismissal. Absent a clear contract provision detailing what constitutes "activities that could discredit the City" Uriah's argument must be that his employment on weekends as an exotic dancer did not in any way discredit the City and that, in fact, his employment had no effect (Papandrea, 2010).
Defendant's Arguments
The City's arguments must begin with its contention that Uriah's activities as an exotic dancer constituted a "discredit to the City." Nothing else presented in the fact pattern indicates that there was any other basis for Uriah's dismissal. As a seven-year employee with a good work record Uriah would have been expected to enjoy continued employment but if indeed it can be demonstrated that Uriah's activities brought "discredit" to the City his prior work record would have little bearing on the decision to fire him. The City must argue that Uriah as an employee of the City has a duty to represent the City and not to engage in any behaviors that reflect negatively upon the City or…
Fixtures are considered part of personal property, but in cases where they become a part of real property and cannot be removed, they are considered part of real property. Building on a plot of land is a fixture that is considered part of real property, similarly things that are fixed with the real property and can not be removed without damage can be considered part of real property. In case
correlate with coordinating and heading a dismissal meeting for an employee layoff. This essay will propose methods and means of coping with the negative emotions that accompany such transitions and offer helpful measures to conduct such a meeting. This essay will also include the compensation issues that also accompany dismals such as in this case. To help best understand the situation at hand, the effects of this layoff will
This collection comprises health-care and social service employees such as visiting nurses, psychiatric evaluators, and probation workers; community employees such as gas and water utility workers, phone and cable TV employees, and letter carriers; retail workers; and taxi drivers (OSHA Fact Sheet, 2002). The best defense that companies can give is to institute a no tolerance rule in regards to workplace aggression against or by their workers. The company should
"One way to help to insulate your company from lawsuits is to offer severance payments in exchange for a release of any claims that the employee could bring against the company or its employees" (Blinn 2009). However, a more effective approach than keeping inefficient employees may simply be to have a strong company policy about discrimination. A zero-tolerance policy for harassment, a proactive approach to diversity, and actively recruiting
Whistle Blowing Introduction and History of Whistle Blowing Whistle blowing is the revealing of immoral, illegal or illegitimate deeds to authorities. The authorities may be insiders or from outside the affected organization. Many cases of whistle blowing involve people revealing information to outsiders especially media organizations or pressure groups about an act they consider to be irresponsible, irregular or illegal (Robbins, 1993). Cases of whistle blowing have increased dramatically in the recent
Miranda Ruling: Its Past, Present and Future In almost all cases, the Miranda ruling of 1966 applies to police interviews with criminal suspects, although other Supreme Court decisions extend some of the rights to legal counsel and prevention of self-incrimination to public and private employers. According to the Supreme Court, the Miranda Warnings must be given prior to questioning to all persons who have been arrested and are in police
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now