Running head: BIBLIOGRAPHY 1 Annotated Bibliography Jennifer Heid Columbia Southern University Date 11/30/2019 Annotated Bibliography BIBLIOGRAPHY 2 Article 1 Cooper, Taylor. (2019).The Brunswick News (Brunswick, Ga.). Retrieved from www.thebrunswicknews.com In this article, Bob Coleman and his wife are charged with 15 counts of felony violations. Five of these cases involve insurance fraud, and nine are for violating the insurance code's reporting and disposition of premiums requirement. In the ongoing case, Coleman is answering for six counts indictment where he is charged with two insurance fraud and four violations of insurance code reporting and disposition of premium. The prosecution is relying on a recording made between the suspect, Coleman, and a criminal investigator Doug Williams. One complainant, Robert Gary, accuses Coleman and his wife Sherry for taking three payments for homeowners insurance and pocketing it. Two of the accusations coming from Daniel Wilson, a business owner, accused Coleman, an insurance agent, for taking a check for worker's compensation insurance and failing to procure the agreed insurance coverage. Even though Coleman denies all the charges brought against him, the recording implicates him because it makes it clear that Coleman is aware of the premiums that never made it to the insurance companies. He admits the knowledge of customers receiving letters of termination, and he had also received notices to that effect. Coleman manages to refund some clients. Still, since he sells the business without disclosing the ongoing implication to the new buyer and failing to repay other clients, he is deemed dishonest. He lies to his new buyer in the contract, making it invalid. An employer, like Frank Sefarini must ensure that premiums are paid to the insurance company. Working with an agent like Coleman poses a risk to the client because, in case of an injury at work, the employer may be forced to pay from their pockets. This article demonstrates some of the challenges that may arise for an employer who is doing the right thing by providing coverage BIBLIOGRAPHY 3 for their employees. One must consider the costs of working with an agent and working directly with the insurance company. Article 2 Pieper, Mary. (2019). Globe Gazette, Mason City, Iowa. Retrieved from www.globegazette.com This article by Mary Piper discusses a lawsuit against Winnebago Industries for discrimination and wrongful termination. The plaintiffs complain about either being fired for a disability or for protesting against the employer. Younger employers replaced them. The workers also cite cases of discrimination where higher management staff leave work early without check off, and they still get paid. Younger employees with less experience were also paid more and promoted while senior employees were overlooked. Brackey was fired without being given a reason and then replaced by a junior of 22 years old. Clark was unfairly evaluated and terminated even after having acquired a knee injury for which he was not compensated. Garza had COPD, which the company considered a liability since he needed to be shifted to another department. He was also terminated for whistleblowing regarding unethical upper management practices. Haverly was told he would never be promoted for making a worker compensation claim. He was then fired without a chance of rehiring. McColloh was terminated without reason while Stecker was fired after going on an eightweek medical leaf and was told it was due to corporate restructuring. This lawsuit explores the cases of discrimination in the workplace. Factors of age and workplace injuries can lead a company to feel the need to let employees go. However, wrongful termination is unlawful and can attract such a lawsuit, which will, for the company, incur more costs. A company should consider taking an Employment Practices Liability Insurance to cover cases like the ones Winnebago is facing. BIBLIOGRAPHY 4 Article 3 Perez vs. WPN Corporation, No. 14-1494 (W.D. Pa. 2017 In the case between Perez and WPN corporation of 2017 (Perez v. WPN Corporation, No. 14-1494 (W.D. Pa. 2017), the court ruled that that named fiduciaries who have the authority to control plan assets and who have correctly appointed an investment manager are protected from liability by section 405(d)(1). This is regardless of the fact that they were not the appointed trustees for an employee benefit plan. In the case, DOL alleged that the defendants were liable because they allowed Labow and WPN to breach section 404(a)(1) of the Employee Retirement Income Security Act (ERISA). Additionally, the defendants were aware of the breach of fiduciary duty by the two parties, Labow and WPN corporation, but failed to make any efforts to correct the violation. However, the court dismissed to DOL's failure to invest claim but granted the request to amend the complaint. The complaint changed to allege that the Defendants were liable for failing to monitor the investment managers from November 3, 2008, to December 5, 2008. The court concluded that the DOL had properly stated a failure to monitor claim and the Defendants' motion to dismiss the complaint was denied because ERISA allows for the possibility that a named fiduciary other than a plan trustee would have the power to control or manage the assets of an employee benefit plan. The court found that it was a reasonable conclusion that whoever had control over the plan assets before the appointment of an investment manager should benefit under the protection under section 405(d)(1) of ERSA. This article will be helpful in the examination of the importance of fiduciary liability coverage. This coverage can protect a business from such claims of mismanagement. Article 4 BIBLIOGRAPHY 5 OSHA News Release. (2019). U.S. Department of Labor Orders Compensation For Employee Who Refused to Drive Without Safety Measure. Retrieved from http://www.osha.gov/Publications/OSHA-factsheet-whistleblower-trans-sector.pdf In this news release, the Occupational Safety and Health Administration (OSHA) ruled against UPS Freight for violating the Surface Transport Assistance Act. In the case, the employee refused to drive a commercial vehicle that did not have a permanent electronic logging device (ELD) nor a mounting device for a portable ELD. The managers of the company retaliated against the driver. The directive given by OSHA required the employer to pay the driver for compensatory damages, punitive damages, and back wages, including interest. The employee was found by OSHA to have acted in good faith by trying to avoiding the violation of the Federal Motor Carrier Safety Regulations. The ELD is important for commercial motor Vehicles because it records driving time. The management had retaliated with the termination of the employee, citing gross insubordination as the reason. The OSHA Act, employers must provide a safe and healthy work environment to protect their employees and the general public. Safety issues in a workplace can lead to lawsuit liabilities like the one in this case. An employer should ensure that all managers and supervisors are aware of their safety compliance requirements so that they can enforce safety at work. An unsafe workplace will lead to increased injuries. When employees are injured while they are performing tasks related to their jobs, they are viable for employee compensation. This case provides an interesting turn of event where the employee is mindful of their safety, and the employee does not. Article 5 The article analyzes safety performance issues in modern organizations. It provides a systematic thinking approach using human and organizational performance fundamentals and BIBLIOGRAPHY 6 analysis techniques to improve safety performance. The methods described applying to individuals, leaders, and the overall organization because safety is everyone's responsibility in the organization. Employees who do not know what their safety roles are may become reckless at their work station, and this endangers the whole team. Supervisors who are oblivious of their roles will not know how to enforce safety measures and might insist that employees proceed with work even when risk is noted. Safety management requires collaboration from all divisions of the business. The authors present a six-part model based on the philosophy that to reduce errors and eliminate events of consequence, adequate human performance tools and defenses must be in place. The article also defines the principles that an organization should institute to ensure high safety performance. The company must acknowledge that people make errors, organizational Values, and programs influence people's behavior, and that behavior is influenced by what is enforced by management. An organization must also know that the errors and risks can be reduced if the right safety performance tools are used, and defenses can help in eliminating events. These principles lay a basis on which a company should begin its safety measure campaigns and should inform all safety decisions in the organization. Additionally, they presented the theory aspects, as well as several real-life examples from various industries where applying the correct actions or methods, leads to improved, consistent results. Coverages available to employees as far as safety matters go are; worker's compensation insurance, which covers work-related injuries, and disability insurance, which is a complement to a worker’s compensation insurance. Disability insurance covers injuries that may occur off the job, for example, when driving between job sites. However, prevention saves more; it keeps the worker safe and prevents additional costs. The article, therefore, provides the means that can help a company to avoid reduce or eliminate injury risks. BIBLIOGRAPHY 7
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