Situation

  1. Situation 8.1

Questions 1

            The legal provision “At will” in most States cannot be used by employers to terminate employees. The labor provisions require employers to determine whether based on the performance of an individual should be remain or not. In this case, neither has there been a form of evaluation to determine whether Mr. harper is performing and in effect his comments could be noted as personal opinion since he still attends these sessions.

Question 2

            Disciplinary actions would be actionable to the human resource director and the general manager for failing to act or to set measures to mitigate the incidence. In as far as individuals in a company may have personal interests, there are various legal provisions that need to be factored in sexual offense cases. In this case failing to train the employees would have been termed to be negligence, however, conducting such trainings can be used to show the hotels commitment to avoiding such instances. Another factor that would lead to these two facing disciplinary action would probably be explained by the mitigation aspects which would mean they need to set measures that would ensure such incidence do not occur. A good example would be to use monitoring tools or consistent supervision of the employees while they are work, which allows the company to know where employees are.

Question 3

Yes, The Company is yet to explain the essence of these programs to him and neither has there been a notation of incidences when the company has shown the importance of these programs. Additionally, the company could use a different training method that would allow him to understand why the training is important.

  1. Situation 10.2

Questions 1

            Mr Thimming would be considered a tenant considering there is an agreement between the company and the hotel noting that there is a six-month period for his stay. Additionally, for a period of three month, Mr Thimming has been at the hotel, which would be noted to be his permanent address for his six-month stay. The agreement between the hotel and the company would also be noted as lease since it notes the period of the stay prior.

Question 2

            Distinction is important as it allows one to substantiate the legal ramifications that accrue to each. For example, being a tenant would mean Mr. Thimming items are expected to be at the hotel since this is his permanent residence at the time, which means, the hotel owes a duty of care of his items as Mr. Thimming is not expected to carry all his belongings while he still staying at the hotel. Guests might be viewed differently since only innkeepers liability would accrue to Mr Thimming unless the hotel makes it aware to them where they should have their belongings.

Question 3

Mr Patel being the manager of the hotel would need to seek for insurance against such incidences. This will allow his company to compensate its guests or tenants from the insurance companies. Another aspect that the hotel would need is to set measures that secure the belongings of the guests or the tenants. The case does not mention of the measures set forth by the hotel to secure this belongings such as having lockable cabinets in which case this would minimize occurrence of such incidences.

  1. Situation 11.1
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