Sunday, February 16, 2020

Discharge for Whistleblower Activity Essay Example | Topics and Well Written Essays - 500 words

Discharge for Whistleblower Activity - Essay Example However, Broom and Miller chose not to follow standard procedure and instead of going to the accused employee’s immediate supervisor, they went the medication consultant at the facility. Their reasoning was based on the fact that the accused employee had a close personal friendship with her immediate supervisor, Sarah Dutton. The act that Broom and Miller carried out went against protocol. Because these two employees did not follow the proper chain of command and protocol in choosing to file their complaint, this only gave their employer’s legal position more support.   2. Because Broom and Miller were subject to the employment-at-will doctrine, even if they had been members of a bargaining unit that was connected with union representation, it still would not have provided any advantage to their case.  The reality is that these employees could not be protected under a collective bargaining agreement because Oklahoma common law  gives the right to employees to discharge an at-will employee at any time of their choosing. Broom and Miller attempted to argue their case by citing the three statutory laws that they thought supported their actions. These three laws were the Nursing Home Care Act, the Residential Care Act, and the Uniform Controlled Dangerous Substances Act. This first statutory law governed safeguards and procedures for the storage, safekeeping, monitoring, dispensing, and destruction of patient prescription drugs. The employer argued that this only covered nursing homes within the state and that the employer’s company is legall y a residential care facility and cannot be included in the law. The second statutory law does apply to the employer’s facility because the employer admitted so. However, the employer argued that the language in this law were general and did not cover the Oklahoma employment-at-will doctrine. Finally, the third law makes it a criminal offense to steal controlled and dangerous substances, but Broom and Miller did not make a specific argument to justify their claims. Reaffirming what was said in the previous question, Broom and Miller failed to follow the proper procedures when filing their complaint.

Sunday, February 2, 2020

Reflection on the film 12 Angry Men Research Paper

Reflection on the film 12 Angry Men - Research Paper Example Reflection on the film 12 Angry Men The problem of prejudice and the difficulty faced by the jurors in decision making process is still an unresolved problem in the global context. In the beginning, most of the jurors were against the culprit. In the end, all the jurors came to know that their decision is based upon their personal opinions on the immigrant population. My personal opinion/reflection on the film 12 Angry Men is divided into three sections: prejudice, racial supremacy, and misuse of law. Prejudice I am of the opinion that the director made use of the protagonist (the immigrant boy, probably from Puerto Rican Island) to unmask the depth of prejudice against immigrants in America. I believe that prejudice based upon racial and cultural identity is an important problem faced by a member who belongs to an immigrant community. If we are not from an immigrant community, there exists less possibility to have deeper understanding on this problem. Within this context, the director makes use of the protagonist as a medium to express his opinion on the problem faced by immigrants. In the beginning of the film, the jury, which consists of 12 members, does not show any particular interest in the emotional trauma faced by the boy. Biskind (2001) made clear that, â€Å"In the view of the strong case against the defendant, it is not too surprising that the jury’s first straw vote comes out 11 to 1 for conviction† (p.11). ... So, in my opinion, the film portrays how prejudice affects the smooth functioning of law and order in a modern society. Racial superiority I think racial superiority is a myth based upon false opinion, not upon fact. The elite class in the society considers that their status in the society is indebted to their racial identity. But one cannot prove that racial identity determines one’s superiority over others. So, I am totally against racial superiority. One of the factors which attracted me towards this film is the director’s attempt to expose that racial superiority is a myth. In the film, the boy is the victim of racial superiority/racial supremacy. For instance, most of the members of the jury are white middle class men. Still, all the members are from different layers of the society. Most of them do not try to allow the boy to prove his innocence. On the other side, juror 8, an architect by profession, is not ready to act against the boy. Later, some of the jurors l ike Juror 5 and Juror 11 decide to change their opinion. Still, Juror 3’s wavering nature hinders the jury members to have a unanimous decision. In the film, most of the jury members are not aware of their role in decision making process because they act according to the false beliefs in the society. One can see that most of the jury members are middle aged and their personal opinions on the immigrants deeply influence their decisions. So, the film helped me to know more about the problem of prejudice based upon racial superiority. Misuse of law I consider this film as an eye-opener to those who believe that death penalty can reduce crime in the society. On the other side, law is misused to victimize innocent individuals who are not