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kenzz8 kenzz8
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Posts: 533
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6 years ago
The nurse cited intolerable working conditions as the reason for resignation. In order to claim constructive discharge, what must the nurse prove?
 
  1. The nurse was reprimanded more than other nurses.
   2. The workplace stress had increased since hire.
   3. The employer deliberately created the work condition to force the nurse to resign.
   4. The nurse was tired of waiting for a transfer to the day shift that had been promised for six months.



A nurse was granted twelve weeks' leave under the Family and Medical Leave Act for care of an adult son. At the conclusion of the twelve weeks the nurse does not want to return to work. Under which situation might the leave be extended?
 
  1. If the son is still too sick to work
   2. If the son is a member of the National Guard
   3. If the son is under treatment for substance abuse
   4. Under no circumstances



The female nurse works in a nursing home where many of the patients are military service veterans. She discovers that a male nurse with whom she works makes 2.80 per hour more than she makes.
 
  In which situation could this be legal under affirmative action? 1. The male nurse is also a veteran.
   2. The male nurse's yearly evaluations are better than the female nurse's.
   3. The male nurse is physically stronger than the female nurse.
   4. The male nurse is friendlier and gets along better with the male patients.



The plaintiff was awarded monetary damages from the hospital in a suit resulting from a nurse's negligence. Under which principle is it possible for the hospital to sue the nurse to recover the amount of the damages?
 
  1. Dual servant
   2. Ostensible authority
   3. Indemnification
   4. Vicarious liability
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Replies
wrote...
6 years ago
3
Rationale: To claim constructive discharge, the employee must show that the employer deliberately created intolerable working conditions with the intention of forcing the employee to resign. The remaining options may make the workplace unpleasant, but are not severe enough to be thought of as intolerable.

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2
Rationale: In 2008, President George W. Bush signed an amendment to the Family and Medical Leave Act to permit a spouse, son, daughter, parent, or next of kin to take up to 26 workweeks of leave to care for a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list for a serious injury or illness.

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2
Rationale: Courts have upheld that unequal pay may be legal if based on seniority, merit, incentive systems, and a factor other than gender. In this case, the male nurse has a better track record of yearly evaluations. This is sufficient to justify the difference in pay, unless the female nurse can prove preferential treatment in the evaluation system.

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3
Rationale: Indemnification allows the employer to recover from the individual personally responsible any damages paid under the doctrine of respondeat superior for the negligent act. A dual servant is one who can be shown to serve both entities at the same time. Ostensible authority is an application of agency law that allows a principal to be liable for acts and omissions by independent contractors working within the principal's place of business or at the direction of the principal, and a third party misinterprets the relationship as employer-employee. Vicarious liability is substituted liability, describing the instance in which one party is responsible for the actions of another.
kenzz8 Author
wrote...
6 years ago
I appreciate your time
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