Fraudulent, Negligent, and Innocent Misrepresentation in the Employment Context: The Deceitful, Careless, and Thoughtless Employer

This article strives to sort through the sundry ramifications of the law of misrepresentation. Accordingly, the three major classifications of misrepresentation - fraudulent, negligent, and innocent - will be differentiated clearly and then examined extensively. The elements constituting each category of misrepresentation action will be explained and illustrated. The article will focus upon the nature and extent of the tort action available to an aggrieved party who was induced to enter into a transaction or relationship by the misrepresentation of another. This tort analysis will include not only the traditional cause of action of deceit, but also the emerging tort of negligent misrepresentation in the employment context. The article will also attempt to ascertain the efficacy of the cause of action of innocent misrepresentation in an employment setting

The Nursing Profession in the 1990\u27s: Negligence and Malpractice Liability

Since expanded responsibility portends increased liability, a thorough understanding of the law must be achieved for nurses\u27 rights to be adequately protected and for nurses to be held properly accountable for their legal obligations. This work examines the legal rights, responsibilities, and particularly the potential legal liability of the nurse, in the contexts of modem nursing practice and current statutes and case law. The work focuses on one major aspect of the nurse\u27s legal liability -the tort, or civil wrong, of negligence

Employment at Will and Public Policy

The purposes of this article are to examine the current public policy case law, commentary, and related statutes, to explain and interpret in detail this significant area of employment law, and to propose a just principle to govern the discharge aspect of the employment relation

The Strict Tort Liability of Retailers, Wholesalers, and Distributors of Defective Products

Strict tort liability is a mechanism the law employs to compensate innocent consumers who have been injured by the use of defective products

A Review of Employee Health and Wellness Programs in the United States

Due to rapidly rising healthcare costs, employee wellness has become an important topic for small and large companies alike. As such, many organizations are now taking a proactive approach to this issue by offering incentives for employees to get healthy and remain in “good shape.” Simultaneously, some firms are penalizing employees who are smokers and those who might be above the average weight limit considered to be safe for their age and gender. This article provides a review of trends regarding wellness programs in the modern American workplace. The authors offer practical recommendations to employers to have legal, ethical, and effective wellness programs, as well to employees to stay healthy through self-motivation, goal-setting and persistency. Suggestions for self-motivation, goal-setting and becoming healthier are provided. Also, suggestions for managers are presented so they can create a “fun” workplace for their employees since such a culture can lessen stress, as well as promote good health, and thus reduce healthcare costs. Key words: Wellness, health, healthcare costs, stress management, goal-setting, motivation, exercis

An Assessment Of Business Schools Student Retention, Accreditation, And Faculty Scholarship Challenges

Business schools’ curriculum, faculty and graduates have become a target for many critics as they link the ethical lapses of senior executives to major scandals that have partially led to the financial challenges that the world is facing today. Some claim that business faculty research is not practical and mainly theoretical. This paper discusses the current state of affairs in business education, business school quality control through accreditation guidelines, and faculty scholarship in order to consistently keep faculty up-to-date on the latest research. The paper also offers reflections, suggestions, and practical tips for student recruitment and retention

A LEGAL REVIEW OF STEREOTYPES, BIASES, AND DISCRIMINATION AGAINST MUSLIM-AMERICAN EMPLOYEES: Bahaudin G. Mujtaba1, Frank J. Cavico

Approximately fifteen million Muslims live and work in the United States of America. Most of these Muslims are American by birth; yet some confront discrimination, harassment, and retaliation in the workplace because of their religion. Religious discrimination is illegal in the workplace in the United States pursuant to civil rights laws. This article examines the most common challenges that American Muslims face in the workplace. The article then offers pertinent recommendations to organizational leaders so they not only can fulfill their legal duties, but also attract and retain the most qualified workers regardless of their religious affiliations, beliefs, observances, and practices

Making The Case For The Creation Of An Academic Honesty And Integrity Culture In Higher Education: Reflections And Suggestions For Reducing The Rise In Student Cheating

Using an example from the work of one university in the United States, this case is principally an essay of reflections, thoughts, questions, and suggestions for the creation of an academic honesty and integrity culture in higher education institutions. The authors provide their thoughts and insights from their combined 30 years of teaching and administration experiences regarding this important and challenging academic area. The authors were recently involved in the revision of their business schools academic honesty policy as well as in their schools yearly conference for all faculty members full-time and adjunct in which the topic of academic honesty was the primary academic component. This article is not intended to be a research type article, though some current research on academic honesty will be presented, neither is it intended to be a detailed explication of the authors schools academic honesty policy, nor a how to article when it comes to a schools developing and implementing academic honesty policies and procedures. Rather, as the word Reflections in the articles title indicates, this paper is based on the knowledge gained by the authors in their schools revision of its policy, their participation in the conference and the presentations therein, as well as the authors own experiences from teaching management, business law, and business ethics courses for many years. The authors hope that the issues they raise, the insights they obtained, and the recommendations and suggestions they make will be helpful to their colleagues in academia in establishing a culture of academic honesty and integrity at their schools