Grantham WK7 City of Brighton vs Philip Rodriguez Legal Issues Case Study

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ywpbra81

Business Finance

Grantham University

Description

Select TWO court cases (from different chapters) from the list below, and respond in writing to the case questions. 1.R. Williams Construction Co. v. OSHRC (Ch 15, p 548). 2.SeaWorld of Florida v. Perez (Ch 15, p 554). 3.State Ex Re. Gross v. Industrial Commission of Ohio (Ch 15, p 571). 4.City of Brighton v. Rodriguez (Ch 15, p 576). 5.Rachells v. Cingular Wireless Employee Services (Ch 16, p 591). 6.Cortez v. Walmart Stores (Ch 16, p 608). 7.Compass Environmental v. OSHRC (Ch 16, p 608). 8.Rosebrough v. Buckeye Valley High School (Ch 16, p 614). 9.Koeppel v. Speirs (Ch 17, p 633). 10.Ehling v. Monmouth-Ocean Hospital Service Corp. (Ch 17, p 642). 11.Dietz v. Finley Fine Jewelry (Ch 17, p 650). The requirements below must be met for your paper to be accepted and graded: •Write between 750 – 1,250 words (approximately 3 – 5 pages) using Microsoft Word in APA style, see example below.. •Use font size 12 and 1” margins.. •Include cover page and reference page.. •At least 80% of your paper must be original content/writing.. •No more than 20% of your content/information may come from references.. •Use at least three references from outside the course material, one reference must be from EBSCOhost. Text book, lectures, and other materials in the course may be used, but are not counted toward the three reference requirement.. •Cite all reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) in the paper and list on a reference page in APA style..

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Explanation & Answer

Attached.

Running head: EMPLOYMENT LAW

1

Employment Law
Student’s Name
Professor’s Name
Course
Date

EMPLOYMENT LAW
2
City of Brighton V. Rodriguez
Legal Issue and Court Decision
The legal issue, in this case, was the determination of whether the unexplained fall of
Rodriguez arose out of employment, and was thus compensable under the law. The court decided
that the fall would not have occurred but for the fact that the employment placed Rodriguez on the
stairs. Therefore, it was deemed an unexplained risk that was neutral by virtue of the fact that no
one knew the exact cause. However, it was compensable because it arose out of Rodriguez’s
employment at the City of Brighton offices.
Distinction of Terms and Rationale for Court’s Decision
The various types of risks that can occur at the employment place are; neutral, private,
and employment risks (Boggs, 2015). Employment risk refers to those potentially dangerous
events that are characteristic of a workplace functionality, and activities. For example, in a
mining job, when molten steel burns an employee’s hand, that is an inherent part of the job, and
is considered an employment risk. A private risk, on the other hand, refers to the potential
dangers that a person faces by virtue of his personal life, and the issues therein that are not
employment related. An example of this is when an employee is roughed up by his peers for not
paying a gambling debt. This would be an inherently personal issue that the organization is not a
party to. Neutral risks are those that are unexplai...


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