Do Employer Liability For Negligent Hiring Discussion Reply To Brittany And Sarahs Discussion!

DO MY DISCUSSION:

Read Malorney v. B&L Motor Freight, Inc. in Section 21.2  of your textbook. Discuss what duty or duties a business has with  regard to checking the background of potential employees before hiring.   Do you agree that businesses should be liable for injuries resulting  from negligent hiring? Why, or why not?

Guided Response: Respond to at least two of your fellow students’ posts in a substantive manner.

Agree or disagree with your classmate’s position. Defend your  position by using information from the week’s readings or examples from  current events.

REPLY TO BRITTANY:

Discuss what duty or duties a business has with regard to checking the background of potential employees before hiring.  

Employers should avoid claims of negligent hiring by continuously  performing background checks. One should be completed as a hiring  practice and various checks should continue during employment. Along  with the background checks, employers should verify information on  resumes and check references. If the job consists of driving then the  employer should check driving records as well. Doing so, will lower the  risk of potential injuries while on the job. Employers should be  extremely cautious with their hiring practice if the job involves a lot  of public contact. Once a business has learned about a person’s criminal  background then they should immediately discharge that individual. This  will also show that the employer was not careless during the hiring  process and would avoid any claims of negligent hiring.

Do you agree that businesses should be liable for injuries resulting from negligent hiring?

I do agree that businesses should be liable for injuries resulting  from negligent hiring. If a person has a background history of being a  sex offender and they hire that person to work directly with children  and unsupervised then they are aiding in the potential harm of that  child. They made it easily accessible for the sex offender to reach  their prey.  If something was to happen while the employee was on the  clock, then the employer should be held liable for the negligent acts of  the employee. Referencing the Malorney v. B&L Motor Freight, Inc.  Case, B&L should be liable for hiring a person who they should have  realized was unfit for the job once they performed a background check.  “The existence of a legal duty is not dependent on foreseeability alone,  but includes considerations of public policy and social requirements”  (Seaquist, 2012, p. 21.2). A background check on the employee would have  displayed that he was fired from a previous truck company and had a  history of sex-related convictions with hitchhikers. The employer  performed careless hiring practices and pretty much handed the employee  the tools to commit this crime. Unfortunately, the employee had the  intentions on committing this crime and acted on his own. The employer  did not make Edward Harbour commit the crime however, they  unintentionally supported his negligent act. Therefore, the business  should be liable for injuries resulting from negligent hiring.  

Reference

Seaquist, G. (2012). Business Law for Managers. Bridgepoint Education, Inc.

REPLY TO SARAH:

I have very mixed feelings about this case. As I do believe first and  foremost, as a business, one should always preform background checks on  potential employees. This not only protects the company, but also its  current employees. Knowing that everyone who comes to work for company  A, goes through a background check, can give more piece of mind to  everyone in the company. It is easy to check a box on an application  stating you have never been convicted of a felony, therefore it becomes  up to the company to verify the information is correct or not. In this  case, B&L felt that the negative check on Harbour’s vehicular  records was well enough to move forward with hiring him without any  additional verifications. In the case of Malorney v. B&L Motor  Fright, Inc., the courts did conclude that B&L had a duty to check  Harbour’s criminal background and certified the issue for interlocutory  appeal (Seaquist, 2012, pg. 21.2). B&L goes on to  argue that they had no duty to investigate Harbour’s denial. The texts  states that “the existence of a legal duty is not dependent on  foreseeability alone, but includes considerations of public policy and  social requirements” (Seaquist, 2012, pg. 21.2). When a  company provides a truck or any vehicle for their employee to use in  order to complete their job duties, I do believe more extensive checks  should be conducted, as now that person is on our roads and possibly  putting other people’s lives in danger. The fact that B&L knew truck  drivers are prone to stopping and picking up hitchhikers, that they  included it in there hiring contract shows that they can potentially  foresee their employees doing just this, as it is common for them to do  so. In today’s technology world, background checks are accessible by  computers and can take a short amount of time to received and now are  fairly inexpensive, this being sad, to me, there is no reason a company  shouldn’t take those additional steps of verification to protect  themselves. 

In 2006, a good friend of mine was hit and killed by a drunk  driver. The driver was an illegal immigrant with prior DUI convictions  and was recently hired by a construction company who provided him with a  company vehicle. As a result, the company was found liable and settled  in court to pay a sum amount of money to my friend’s family. Marshall  (2007), stated that, “the company knew or should have known  Perez’s immigration status and driving record and had a duty to “make a  reasonable effort to confirm” that Perez was licensed and qualified to  drive in California”. Whenever a company is putting their employer in  trust of things such as a truck, that can cause harm or injuries to  others, there should be regulations/laws on verifying background checks  and if not probably done, they should also be held liable for injuries  resulting from negligent hiring.

Seaquist, G. (2012). Business law for managers. Retrieved from https://content.ashford.edu/

Writer, S. M. (2007, May 4). Employer of driver in fatal Ramona crash  agrees to resolve lawsuit. Retrieved December 20, 2017, from http://www.sandiegouniontribune.com/sdut-employer-of-driver-in-fatal-ramona-crash-agrees-2007may04-story.html (Links to an external site.)

 
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Diversity Through 21st-Century Teaching And Learning

There is a broad range of experiences brought to the school every day by cultural, linguistic, and ethnically diverse students. These unique diversities compel the development and use of different teaching strategies to target each student as an individual. In this discussion, you will explore the concept of supporting diversity through 21st-century teaching and learning. This discussion is also intended to support your performance on the Week One Assignment.

Initial Post – Discuss how the Framework for 21st Century Learning (Links to an external site.)Links to an external site. can be applied to each prompt using specific examples of the actions you would take to apply the framework. Your response to each of the three prompts should be one paragraph.

· Reflect on ways in which you will choose culturally relevant curriculum and instructional materials that recognize, incorporate, and reflect students’ heritage and the contributions of various ethnic groups.

· Reflect on ways in which you would modify instruction for special education students.

· Discuss how you would modify instruction to meet the needs of students who are designated second language learners.

 
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Lab Report Hydrometer Analysis & Sieve Analysis In 12 Hours

I have two lab reports each one 2 page. so 4 pages total.

theres is attached sheet of papers describing how the labs are done and guideline on how the report should be.

-*((please look at the attached pictures))

-from picture 1 to 4 is for lab hydrometer analysis

-from picture 5 to 8 Seive analysis

-from picture 9 to 10 guideline on how the report should be done.

-Last two pictures are the data tables, you just need to copy them 

I need them in 12 hours  

*If you do them correctly and early i might ask you to do the same exact report to my friend too !!

 
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Journal Entry 32

Journal # 32: Planning Your Next Steps

Carefully read Journal instructions.

Re-take the Self Assessment.

Number each journal step and include the directions for each step (just the bold print).

The word count for each Journal should be a minimum of 600 words, single spaced using normal sized font. Each journal submitted with less than 600 words will earn only 1 point per each 100 words submitted.

 
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ACBS 160D: Human and Animal Interrelationships

ACBS 160D: Human and Animal Interrelationships

Term Paper Topics

Select one of these questions to answer:

1. Should animals be used in medical research (e.g., research on cancer)?

2. Should animals be kept in factory farms for human consumption?  

3. Should it matter how animals are housed and treated if they are going to be killed for consumption later? (e.g., Should it matter how animals are treated in slaughterhouses before they are killed for consumption? Should it matter how chickens or pigs are kept in factory farms if they are going to be killed for meat? )

4. Should wildlife protection have a higher priority than commercial interests (e.g., Should the pygmy owl have a higher priority than the development of housing and businesses around Tucson? Should wildlife be protected and hinder logging or oil pipelines?)

5. Should animals be kept for human food consumption (i.e., should humans eat other animals)?

6. Should animals be kept in zoos or aquaria? (you can focus on specific species or taxon, if you like)

7. Should animals be used in circuses?

8. Should the sport of horse racing continue?

9. Should rodeo sports continue (e.g., bull riding, bronc riding, calf roping)?

10. Should animals be hunted for sport (e.g., commercial big game hunting, state license hunting)?

11. Should animals be used in modern warfare?

12. Should children/adolescents raise animals for market slaughter in youth programs such as 4H or FFA? (Is this desensitization or education?)

13. Should elderly care facilities be required to allow the residents to keep pets?

14. Should the use of animals be allowed for religious and ritual practices (e.g., sacrifice of animals, use of Asian elephants in spiritual festivals)?

15. Should emotional support animals be allowed on college campuses (e.g., in dorms, classrooms, cafeteria)?

16. Should it be legal to cook or eat crustaceans or fish alive? (e.g., Should it be allowed to boil lobsters alive for culinary purposes?)

17. Should people be allowed to throw-away plastics, given that plastic waste may cause harm to aquatic animals?

18. Should people be allowed to selectively breed domesticated animals for pure-bred (i.e., inbred) traits that are aesthetically pleasing but potentially harmful to the animal?

19. Should animal cloning be allowed?

Think of all the possible perspectives that might answer the question in different ways. Put yourself in their shoes of different people and answer the topic question. Examples of different perspectives:· Animal welfare proponents· Animal rights advocates· Food security proponents· Ethicists, philosophers· National and local economic / employment interests· Educators· Medical researchers· Parents· Small business owners· Family ranchers or farmers· Large-scale agriculturalists /factory farmers· Wildlife managers· ConservationistsEXAMPLE:The question I selected is:1. Should animals be used in medical research (e.g., research on cancer)?My Thesis statement might be:In this paper I will present alternative positions on the topic of animal use for medical research, considering a variety of perspectives, and concluding with a position on animal testing that seems most justifiable.Some ideas about the perspective on both the Pro and Con side:PRO POSITION: Perspectives in Favor of Animal ResearchYes- animals should be used in medical research(Include at least 2 of these perspectives)· Some Medical researches hold this perspective because …· evidence, references· Some Parents may also hold this perspective because ….· evidence, references· Some Animal welfare proponents may also hold this perspective because ….· evidence, references· Some Ethicists / Philosophers hold this perspective because…· evidence, referencesCON POSITION: Perspectives Against Animal ResearchNo- animals should not be used in medical research(Include at least 2 of these perspectives)· Animal rights advocates hold this perspective because…· evidence, references· Other Medical researches hold this perspective because …· evidence, references· Some Ethicists / Philosophers hold this perspective because…· evidence, references**Remember to us the Outline Template provided in the course D2L.

 
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CRITICAL THINKING TOOLS

.CRITICAL THINKING TOOLSATO – Analytical Topic OutlineAn ATO is a complete and personalized summary of a reading assignmentList the following information in order. Skip lines for easy reading and review· Title, Author(s), Chapter (if applicable): top of page· Thesis Statement: In a complete sentence, paraphrase the author’s main idea. (Paraphrase – restate the idea by using your own words)· Paragraph Summary: Write brief phrases or single words to describe each paragraph. Use roman numerals to number each paragraph.· Modified Thesis: write an expanded thesis which may include something you readCBEQ – Claim/Backing/Evidence/QualificationWhen thinking critically about a text, readers should ask 4 questions. 1) What is the author claiming to be true? 2) Is the backing (support) for the claim adequate? 3) Is there valid evidence for the conclusion? 4) Did the writer include any qualifications (modifications, limits, or restrictions)?· Claim: statement of main idea/possibly your modified thesis· Backing: general statements that support claim – paraphrased excerpts from the reading· Evidence: specific statements that support claim – quoted excerpts from the reading· Qualification: specific statements that seem to contradict the claim (main idea)Sample ATO and CBEQATO“A Black Perspective” by Larry AubryThesis: Freedom and justice are the bedrock of America.I. Bush justifies his actionsII. The reality of African-American freedomIII. Freedom and libertyIV. StrugglesV. Freedom is a collective struggle for Black AmericaVI. 18th Century freedom, slavery and racismVII. Leaders who fight for freedomVIII. Contradiction of freedomIX. Battle between liberty and slaveryX. Freedom means escaping injusticeModified Thesis: For African-Americans, freedom and liberty were achieved many years after slavery was abolished.Aubrey – CBEQC – Freedom and justice are achieved through struggles and debates based on American history.B – Freedom and liberty are what Americans have constantly fought to achieve.E – “The term liberty is deeply embedded in the documentary record of history and the language of everyday life.”Q – There are no contradictions against Aubry’s claim.

 
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Rhetorical Communication: A Theory Of Civil Discourse

 You will have to write and submit 2 essays. You will submit your essays to Turnitin.com dropbox through Canvas. You can find the instructions for the essays inside the weekly module folders that they are due in Canvas. The essays will comprise 60 points each for 120 points toward your grade. 

 
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Find Five Errors And Fix Them

Reviewing your work so far this semester and thinking about prior editing mistakes, make a list of your most common errors.  Perhaps you do not when to use introductory commas, or you write wordy sentences, or you are not sure if the period goes inside the quotes.

Your job for this assignment is to review your previous work.  Find five different errors and figure out how to fix them.  Find a link that explains it and share it with me.  If you cannot find five different errors in your own work, look up five editing issues from Appendix B (pages 445-468) and explain those. Attached is Appendix B and Assignments

Your response should look something like this . . .

In my first assignment, you told me I made an introductory comma error.  The error is “When looking at the Google Chrome manual I thought that the writers made it as a joke.”  Now I realize that I need a comma after manual.  This link helped me understand the problem.   http://grammar.ccc.commnet.edu/grammar/commas_intro.htm (Links to an external site.)

 
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