The legal issue in this case is whether Mrs. Sharkey can make a prima facie showing that her complaints about the Suspect Client were protected activity and that was a contributing factor to her termination and whether JPMC can prove by convincing evidence that it would have taken the same unfavorable personnel action in the absence of that protected behavior.
As is reported in the case Sharkey v. J.P. Morgan Chase, "the defendants motion to dismiss is denied, and is stated that Mrs. Sharkey adequately alleges conduc...
... middle of paper ...
...he client was bigger than the risk of having him, or that they were afraid of what the investigation could discover. On the other hand, we can infer that the reason was because they genuinely did not find sufficient evidence in order to terminate any relationship with the Suspect Client, and that they took the "wrong decision" to fire Mrs. Sharkey in order to stop the investigation. Moreover, we could say that the defendants wanted to prevent a possible lawsuit by the Suspect Client as a result of an unjustifiably business termination.
We could mention other reasons on why the supervisors acted that way, but all of them are entirely speculative. It is imperative that employers in similar situations, take the determination on terminate an employee for the right reasons and not because an employee exercises his or her legal rights on reporting an illegal activity.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- ... T not understanding the ethics policy told the student that he could unlock her car for her and she agreed, saying she would pay him the thirty dollars that she had in her possession. He proceeded to unlock the car for her, she gave him the thirty dollars, and both went their own ways. In his and her mind, the crisis was adverted and everyone was happy. However, later that day she was able to get in touch with her parent and proceeded to tell them the story of what happen. The parents were highly upset that a staff member of the college would charge the student to unlock the car, so they called the Dean of Student Affairs and registered a complaint.... [tags: companies ethic policies, handling violations]
918 words (2.6 pages)
- B. Plaintiffs Confuse Breach of Contract with Breach of Implied Warranty of Habitability. Apparently confused from their own pleading, Plaintiffs do not directly respond to Defendants’ argument that Count VI (breach of contract) of their Second Amended Complaint should be dismissed for failing to state a cause of action. Instead, they offer the conclusory statement that “[t]his is a damages issue for the trial judge and is an evidentiary issue for trial,” and demand discovery on whether their damages naturally resulted from the alleged breach of the lease.... [tags: Pleading, Complaint, Cause of action]
708 words (2 pages)
- ... Ironically, in this instance the “whistleblower” information that may have effected one unit exposed a much larger issue of retribution and bad acts by several units. “...while few indulge themselves in outright evil and fewer still in righteousness, people are evidently influenced by authority, by apathy, by thoughtlessness, and by their environment (Geuras & Garofalo, 2011, p. 112).The immediate supervisors at every post Griffith was assigned or escaped to participated in the retribution by instigating and allowing the personal slurs, destruction of property, the withholding or denial of benefits, and the refusal of other officers to work with Griffith diminishing his ability to do his... [tags: investigation, retaliation, police]
560 words (1.6 pages)
- C. Section 2-619(a)(9): Various Affirmative Matters Defeat Counts VI, VII, & VIII Counts VI, VII, and VIII, which each allege breach-of-contract and conversion theories of relief, should be dismissed pursuant to section 2-619(a)(9) of the Code. 1. Plaintiffs Breach of Contract Claims are Defeated by the Lease Terms and are Waived Plaintiffs’ breach-of-contract claims are defeated by two independent affirmative matters: the lease’s terms and the equitable principle of waiver. To bring a breach of contract cause of action, a plaintiff must allege (1) the existence of a contract, (2) plaintiff’s performance of all contractual conditions, (3) defendant’s alleged breach, and (4) damages.... [tags: Pleading, Complaint, Contract, Cause of action]
1093 words (3.1 pages)
- Nyesha along with other began to call KFC # 800 complain Hot line at least once a month and complaint against Abu including Racial Harassment, Discrimination, favoritism and how Abu running the store. Those complains investigated by either HR Manager or Bin Mahtab or both of them. In every occasion those complains were found false and acted with Malice. Besides those #800 complains Bin Mahtab used to receive complains. In response to complaints Bin Mahtab either come to the store or call me he received a complaint against me which always ended up yelling at me.... [tags: Pleading, Complaint, Plaintiff, Defendant]
1298 words (3.7 pages)
- On 04/01/2016 St. 49 received a complaint on the telephone at 1200hrs. The caller was a female and she stated that her name was Gladys Kravitz. The caller stated that a 911 call was placed this morning (04/01/2016) at 1000hrs for her husband 75-year-old, Abner Kravitz, was having chest pains. The location of the call was their residence at 1164 Morning Glory Circle. Mrs. Kravitz complained to me, during our conversation, that “the arrogant ambulance drivers” completely ignored her requests and demands that her husband be transported to the V.A.... [tags: Patient, Medicine, Gladys Kravitz, Complaint]
807 words (2.3 pages)
- Equal Employment Opportunity Complaint In order for John to file a discrimination complaint against his employer, he is required to file a charge with the Equal Employment Opportunity Complaint counselor or representative of the company. Once the charge has been filed, an investigation is made, or the charge maybe selected to an EEOC program and maybe dismissed. In this case, John is given a certain number of days to file a lawsuit on his behalf. This process would have to go through several lengthy stages such as the EEOC administrative process.... [tags: Discrimination Complaint Discriminatory Hiring]
1282 words (3.7 pages)
- Breach of contracts can have serious damages for businesses. An expected service or agreement that is no longer met or kept impacts everyone involved. A breach of contract can reduce earnings while also potentially harming future profits. It also puts a company’s value at risk if they cannot meet demands for products or meet deadlines. There are often damages that result from contract claims and breaches. Claims are made by both parties involved to argue over projected lost revenues, sales impacts, lost value, and added costs resulting from the breach.... [tags: Breach of contract, Contract, Mathematics]
728 words (2.1 pages)
- All parties should be cognizant of the terms of the contract and examine and be aware of the advantages as well as the disadvantages of their contract. On a good note an exclusive contract can ensure that the services are always available, help to avoid self-referrals, and can expedite patient evaluations during the contract period (James, James & James, 1994). On the other hand, this type of contract can lead to undesirable results. Some advantages of an exclusive contract can be the services rendered along with physicians and other personnel and the technology are in a single location which will reduce operations and overhead costs (James et al., 1994).... [tags: Damages, Contract, Breach of contract, Tort]
1148 words (3.3 pages)
- Contract Law A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment.... [tags: Contract, Contract law, Invitation to treat]
2266 words (6.5 pages)