principles of employer

| February 1, 2016

principles of employer

Apply the principles of employer negligence in hiring to particular scenarios
Better Office Supplies, Inc. (BOS) advertises for an Assistant Store Manager for its downtown store. John Smith applies for and is interviewed for the job. The company’s Human Resources Manager who reviews John’s application and interviews him, never asked if he has previously been convicted of a violent crime. On his part, John never offers the information that he was convicted for armed robbery twice before in the last three years.

John is hired by BOS. Two months later, John robs his own store, however, he does so after the store closes and harms no one in the store. However, when seen fleeing the store with a bag of money, a bystander yells “Hey, what are you doing?” John pulls out his gun, which he is carrying illegally as a result of his prior convictions, and shoots the bystander dead on the spot.
Do an ESSAY (first page) answering the following questions:
1,-Was Better Office Supplies, Inc. negligent in the hiring of John? Why or why not?
2.-Can the estate of the bystander sue Better Office Supplies, Inc. for wrongful death and win?
Your essay should include:
•An in-depth submission that should be free of spelling and grammar errors.
(counting body text only, not title or reference pages) that is double-spaced with one-inch margins on all sides.
•You will be assessed on the rationale you use in addressing the question/issue posted, and how well you justify your argument regarding this issue.
You may use the Internet as a reference, but remember to cite your sources according to APA guidelines.

Respond to each question, the answers will require three to five sentences.
Reference all sources.

1. What standard of review do courts apply in reviewing agency (a) interpretations of law? (b) findings of fact? (c) discretionary action?
2. Explain the difference between res judicata and collateral estoppel.
3. What is a “collective bargaining agreement”? What is the role of the Federal Labor Relations Authority (FLRA) in respect to unions and collective bargaining?
4. Under what circumstance can a public employee who has been discharged establish that he or she had a “property interest” in employment sufficient to be entitled to an evidentiary hearing on the reasons for being terminated?
5. On the basis of your study of this chapter, do you think a court would likely approve a requirement that employees of a public day-care center for preschool-age children be subjected to random drug testing? Why or why not?

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