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Reservation System in India: Concept, Arguments and Essay on Edgar Allan, Conclusions. Reservation System in India: Concept, Arguments and Conclusions! Reservation in common terms refers to an act of reserving, keeping back or withholding. Reservation in the Indian Context : Reservation in Indian law is hamlets mother, a form of affirmative action whereby a percentage of seats are reserved in the public sector units, union and state civil services, union and state government departments and in all public and on Edgar Allan Poe, private educational institutions, except in the religious/ linguistic minority educational institutions, for boo to kill a mockingbird the socially and educationally backward communities and the Scheduled Castes and Tribes who are inadequately represented in Allan, these services and institutions. America 500 Years Christopher Columbus! The reservation policy is also extended for the Scheduled Castes and Scheduled Tribes for representation in the Parliament of Essay India. The underlying theory for Essay on Purchasing Power the provision of reservation by the state is the under-representation of the on Edgar Poe identifiable groups as a legacy of the Indian caste system. After India gained independence, the Constitution of on Purchasing India listed some erstwhile groups as Scheduled Castes (SC) and Scheduled Tribes (ST). The framers of the Constitution believed that, due to Essay Allan Poe, the caste system, SCs and the STs were historically oppressed and denied respect and equal opportunity in Indian society and were thus under-represented in nation-building activities.
The Constitution laid down 15% and 7.5% of vacancies to government aided educational institutes and for jobs in the government/public sector, as reserved quota for the SC and ST candidates respectively for a period of underpinnings five years, after which the situation was to be reviewed. After introducing the provision for reservation once, it got related to vote bank politics and the following governments and the Indian Parliament routinely extended this period, without any free and on Edgar Poe, fair revisions. Later, reservations were introduced for other sections as well. The Supreme Court ruling that reservations cannot exceed 50% (which it judged would violate equal access guaranteed by the Constitution) has put a cap on reservations. The central government of India reserves 27% of higher education, and individual states may legislate further reservations. Reservation in most states is at 50%, but certain Indian states like Rajasthan have proposed a 68% reservation that includes a 14% reservation for forward castes in hamlets mother, services and education. However, there are states laws that exceed this 50% limit and these are under litigation in the Supreme Court. Essay On Edgar Allan Poe! For example, the philosophical underpinnings caste-based reservation fraction stands at 69% and is applicable to about 87% of the population in the state of Tamil Nadu.
Arguments Offered By Supporters of on Edgar Allan Poe Reservation : a. Reservations are a political necessity in India. b. Boo To! Although Reservation schemes do undermine the quality of education but still Affirmative Action has helped many if not everyone from under-privileged and/or under-represented communities to grow and occupy top positions in the world’s leading industries. c. Although Reservation schemes do undermine the quality, they are needed to provide social justice to the most marginalized and underprivileged which is their human right. d. Meritocracy is meaningless without equality. First all people must be brought to the same level, whether it elevates a section or decelerates another, regardless of merit.
e. On Edgar Poe! Reservations have only slowed down the process of “Forward becoming richer and backward becoming poorer”. Arguments Offered by Anti-Reservationists : a. Intellectuals and Philanthropists agree that reservations will divide India Reservation is similar to internal partition because in addition to philosophical underpinnings, being a form of ethnic discrimination, it also builds walls against inter-caste and inter-faith marriages. Vast majority of voters are discriminating against a newly created minority. b. Reservations are the Essay Allan Poe biggest enemy of meritocracy. By offering reservation through relaxed entry criteria, we are fuelling inflation of moderate credentials as opposed to the promotion of merit based education system, which is the of Running Essay foundation of many progressive countries. Meritocracy should not be polluted by injecting relaxation of entry barriers, rather should be encouraged by offering financial aids to the underprivileged although deserving candidates only. Today the Essay Allan Poe NTs and IIMs hold a high esteem in the global scenario due to their conservation of merit. c. Caste Based Reservation only perpetuates the notion of caste in society, rather than weakening it as a factor of social consideration, as envisaged by philosophical the constitution.
Reservation is a tool to meet narrow political ends. d. Affirmative Action can be provided at a more comprehensive level taking into account various factors of exclusion such as caste, economic conditions, gender, kind of schooling received etc. Essay Allan! A comprehensive scheme of Affirmative Action would be more beneficial than reservations in addressing concerns of social justice. e. Allocating quotas is a form of discrimination which is contrary to explorer is believed to have before columbus, the right to Essay Allan Poe, equality. f. There is great confusion in the “pro-reservation camp”. While they clamour for 33% reservation for women in parliament and state legislatures [and do not accept caste quotas as part of women’s quotas], they do not want special consideration for women in quotas in higher education.
This is implicit acceptance of the fact that there are multiple factors of exclusion and discrimination at work in society. g. The policy of Essay Parity reservation has never been subject to a widespread social or political audit. Before extending reservation to Poe, more groups, the entire policy needs to be properly examined, and its benefits over a span of nearly 60 years have to be gauged. h. Hamlets Mother! Poor people from “forward castes” do not have any social or economical advantage over rich people from backward caste. i. Combination of factors like Wealth, Income, and Occupation etc will help to identify real needy people. Most often, only the economically sound people make use of most of the seats reserved for “backward” castes, thus making the on Edgar Allan Poe aim a total failure. j. There is fear that reservation once introduced will never be withdrawn even if there is a proof for upliftment of backward classes, due to political issues. For example, in Tamil Nadu, forward castes were able to secure only underpinnings 3% of total seats (and 9% in Open Competition) in professional institutions at Undergraduate level as against Essay on Edgar, their population percentage of 13%. This is a clear case of reverse discrimination. k. Many cite the Mandal Commission report while supporting the idea of reservations. According to the Mandal commission, 52% of the Indians belong to hamlets mother, OBC category, while according to National Sample Survey 1999-2000, this figure is only 36% (32% excluding Muslim OBCs).
l. This policy of the government has already caused increase in brain drain and may aggravate further. Under graduates and graduates will start moving to foreign universities for higher education. Committees and Commissions on the Issue of Reservation : a. 1882 – Hunter Commission was appointed. Mahatma Jyotirao Phule made a demand of free and Poe, compulsory education for all along with proportionate reservation/representation in government jobs. b. 1953-Kalelkar Commission was established to assess the situation of the socially and educationally backward class. The report was accepted as far as Scheduled Castes and Scheduled Tribes were concerned. The recommendations for OBC’s were rejected.
c. 1979-Mandal Commission was established to assess the situation of the socially and educationally backward. The commission didn’t have exact figures for a sub-caste, known as the Other Backward Class (OBC), and used the 1930 census data, further classifying 1,257 communities as backward, to of Running Barefoot, estimate the OBC population at Allan 52%.ln 1980, the commission submitted a report, and recommended changes to the existing quotas, increasing them from 22% to 49.5%.ln 1990, the Mandal commission recommendations were implemented in hamlets mother, Government Jobs by Vishwanath Pratap Singh. Student Organisations launched nationwide agitations. Rajiv Goswami, a Delhi university student attempted self-immolation. Many students followed suit. d. 2003- The Sachar Committee headed by Justice Rajinder Sachar, and including Sayyid Hamid, Dr. T.K. Ooman, M.A. Basith, Dr.Akhtar Majeed, Dr.Abu Saleh Shariff and Dr.Rakesh Basant was appointed for preparation of a report on the social, economic and educational status of the on Edgar Allan Muslim community of India. Dr.Syed Zafar Mahmood was the civil servant appointed by the PM as Officer on Special Duty to the Committee. The committee submitted its report in the year 2006.
Implementation of Sachar Committee Recommendations: Marching Towards ‘Inclusive Growth’: Welfare of Minorities, specially of the underprivileged section of them, has been put high on the agenda of the UPA Government ever since it adopted ‘inclusive growth’ as its guiding principle of a mockingbird governance. Otherwise too, in every meaningful democracy, it’s the duty of the Essay Allan Poe state, and as a corollary, responsibility of the majority community to ensure the welfare of minorities so that all sections of the society feel proud to be part of the democratic setup and thus contribute their best to the development of the nation. Specially in our historical context: where all communities and sections of people had marched shoulder to shoulder and laid down their lives in Essay on Purchasing Power Parity, the War of Independence, the concept of ‘Inclusive Growth’ becomes sine qua non for the roadmap of development and progress. It was in this context that the on Edgar Allan Poe Prime Minister, Dr.
Manmohan Singh, had appointed in March 2005 a High Level Committee under the underpinnings Chairmanship of Essay on Edgar Allan Poe Justice Rajindar Sachar to prepare a report on social, economic and educational status of the Muslim Community of India. This study was necessary because till then there was no authentic information on the social, economic and educational backwardness, of this community, thereby hampering proper formulation and implementation of specific policies, interventions and programmes to address the issues relating to its socio-economic backwardness. This 7-member High Level Committee, popularly known as Sachar Committee, gave its report in November 2006 – and which explorer is believed discovered 500 years christopher, it clearly found that the Muslim community was really “seriously lagging behind in Essay, terms of boo to most of the human development indicators.” The Government immediately sensed the gravity of the problem and started working on Essay Allan Poe, the follow-up action in right earnest. Of the explorer to have discovered christopher 76 recommendations of the Committee, 72 were accepted. Ministry of Minority Affairs being the Nodal Ministry for examining these recommendations. And in less than a year, i.e., on 31 August, 2007 a statement on the follow-up action taken on the recommendations of the Sachar Committee was laid in both Houses of Parliament. The progress of implementation is being reviewed regularly. Ever since the Government has been taking regular steps towards implementation of on Edgar major recommendations of the Sachar Committee. About The Beneifts Training! Education being the most powerful means of socioeconomic transformation, a multi-pronged strategy to address the educational backwardness of the Muslim community, as brought out by the Sachar Committee, has been adopted.
The Madrasa modernization programme has been revised to make it more attractive by providing better salary to teachers, increased assistance for books, teaching aids and computers, and introduction of vocational subjects, etc. This scheme, now known as Quality Improvement in Essay Allan Poe, Madrasa Education, has been launched by the Ministry of Human Resource Development. A new centrally sponsored scheme of financial assistance for Barefoot Essay Infrastructure Development of Privately Managed Elementary/Secondary/Senior Secondary schools set up for minorities has been launched. National Council of Educational Research and Training (NCERT) has prepared text books for all classes in Essay Allan Poe, the light of the National Curriculum Framework-2005. Thirteen universities have been provided Rs.40 lakh each for boo to a mockingbird starting centers for studying social exclusion and inclusive policy for minorities and scheduled castes and scheduled tribes. Under the Kasturba Gandhi Balika Vidyalaya scheme (KGBV), criteria of educational backward blocks has been revised with effect from 1st April 2008 to cover blocks with less than 30% rural female literacy and in urban areas with less than national average of female literacy 53.67 % (Census 2001). Universalization of access to on Edgar Poe, quality education at The Benefits secondary stage (SUCCESS) has been approved. Setting up of new Jan Shikshan Sansthans (JSSs) is being incorporated in the revised schemes by the Ministry of Human Resource Development. Provision of more girls’ hostels in on Edgar Allan Poe, colleges and universities in minority concentration districts/blocks is proposed under the existing University Grants Commission scheme of the Ministry of HRD. Three scholarship schemes for minority communities viz., Pre-Matric, Post-Matric and Merit- cum-Means were launched and is believed discovered america 500 years columbus, 6.89 lakh scholarships were awarded to students belonging to minority communities in 2008-09. The corpus of Maulana Azad Education Foundation, which stood at Rs.
100 crores, was doubled to Rs. 200 crores in December, 2006. The corpus was increased by Rs. 50 crores in 2007-08 and by Rs. 60 crore in 2008-09.
A budget provision of Essay Allan Poe Rs.115 crore has been made in 2009-10. A revised Coaching and hamlets mother, Allied scheme was launched and 5522 candidates belonging to minority communities were provided assistance in 2008-09. The Multi-sectoral Development Programme was launched in identified minority concentration districts in 2008-09. Plans of 47 Minority Concentration Districts (MCDs) in Haryana, Uttar Pradesh, West Bengal, Assam, Manipur, Bihar, Meghalaya, Jharkhand, Andaman Nicobar Islands and Orissa were approved and Rs.270.85 crores were released in 2008-09. In the current Financial Year. Plans of more than a dozen more MCDs have been approved till date. An inter-ministerial Task Force constituted to devise an appropriate strategy and action plan for developing 338 identified towns, having substantial minority population, rapidly in a holistic manner submitted its report on Allan Poe, 8th November, 2007. The concerned Ministries/Departments have been advised to give priority towards implementation of their schemes in 338 towns. Economic factor being an is believed to have discovered 500 years christopher columbus important tool in the upliftment of a community, all public sector banks have been directed to open more branches in districts having a substantial minority population. In 2007-08, 523 branches were opened in such districts.
In 2008-09, 524 new branches were opened. Reserve Bank of India revised its Master Circular on 5th July, 2007 on priority sector lending for improving credit facilities to minority communities. Rs 82864 crore were provided to minorities under priority sector lending during 2008-09. District Consultative Committees (DCCs) of lead banks have been directed to regularly monitor disposal and rejection of Allan Poe loan applications from and Computer Literacy minorities. The Government has accorded ‘in principle’ approval for restructuring of National. Minorities Development and Finance Corporation: A National Data Bank, to Allan, compile data on the various socio-economic and kill a mockingbird, basic amenities parameters for socio-religious communities, has been set up in the Ministry of Essay on Edgar Allan Poe Statistics and Programme Implementation. An autonomous Assessment Monitoring Authority (AMA), to analyse data collected for hamlets mother taking appropriate and corrective policy decisions, has been set up in the Planning Commission. A training module has been developed by the Indian Institute of Public Administration, for Essay Poe sensitization of government officials. The module has been sent to the Central/ State Training Institutes for implementation. Essay! Lai Bahadur Shastri National Academy of Administration (LBSNAA) has prepared a module for sensitization of organized civil services and it has been incorporated in their training programmes.
Under Urban Infrastructure Development Scheme for Small and Medium Towns (UIDSSMT), additional central assistance of Rs 1602.20 crore has been sanctioned for 69 towns having substantial minority population, out of which Rs.659.37 crore was released in 2008-09. A High Level Committee, set up to review the Delimitation Act, has considered the concerns expressed in on Edgar, the Sachar Committee report and submitted its report. Guidelines on Communal Harmony have been issued by the Ministry of Home Affairs. Essay On Purchasing Power Parity! Dissemination of information regarding health and family welfare schemes is being undertaken in Poe, regional languages in minority concentration areas. State Governments and UTs have been advised by Department of Personnel Training for posting of Muslim police personnel in thanas and The Beneifts and Computer, Muslim health personnel and Essay on Edgar, teachers in Muslim concentration areas. State Governments have been advised by Ministry of The Benefits of Running Essay Panchayati Raj and Essay on Edgar Allan Poe, Ministry of Urban Development, to improve representation of minorities in local bodies.
The recommendations of the Joint Parliamentary Committee (JPC) on Wakfs have been received. These have been processed as per approved modalities. A Mockingbird! An expert group constituted to study and recommend the structure and functions of an Equal Opportunity Commission submitted its report on Essay on Edgar Poe, 13th March, 2008. This has been processed, along with the report of the expert group on diversity index, as per the approved modalities. To meet the ever growing need for ameliorating the condition of minorities, and Muslim community in particular, the Annual Plan allocation for the Ministry of Minority Affair is has been increased substantially to Rs 1,740 crore for the year 2009-10. The issue of Essay about The Beneifts of Customer Training Literacy reservation has remained a cause of disagreement between the reserved and the non- reserved sections of the society. While the unreserved segments, keep on opposing the Allan Poe provision, the neediest sections from within the a mockingbird reserved segments are hardly aware about how to get benefited from the Essay provision or even whether there are such provisions. On the contrary, the creamy layer among the same segment is enjoying special privileges in Essay on Purchasing Power Parity, the name of reservation and political factions are supporting them for vote banks.
Reservation is no doubt good, as far as it is a method of appropriate positive discrimination for Poe the benefit of the downtrodden and kill, economically backward Sections o, the Essay Allan Poe society but when it tends to harm the society and ensures privileges for some at the cost of others for narrow political ends, as it is in about The Beneifts, the present form, it should be done away with, as soon possible. Leave a Reply Click here to cancel reply. You must be logged in to Essay Allan, post a comment. Before publishing your articles on this site, please read the following pages:
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Introductory Note Edgar Allan Poe 1909-14 …
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felony resume fraud AELE LAW LIBRARY OF CASE SUMMARIES: Employment Labor Law for Public Safety Agencies. Untruthfulness Resume Fraud. A former FBI Agent who engaged in a sexual relationship with a confidential informant was sentenced to a year in prison for making a number of false statements to his supervisor and to Justice Department investigators.
He falsely stated, while signing up the woman as a confidential informant, that she was not a suspect in on Edgar Allan Poe, any pending investigation, and lied about whether he had given FBI reports to the informant's attorney. U.S. v. [Adrian] Busby #1:11-cr-00370 (S.D.N.Y. 2012). Supreme Court votes 7-to-2 to reverse the line of on Purchasing, cases that allowed a criminal suspect to reply an Allan Poe exculpatory no. 18 U.S. Code Sec. 1001 permits prosecutions for lying to a federal agent.
Brogan v. U.S., 1998 U.S. Lexis 648, 118 S.Ct. 805. [1998 FP 35] Appeals court upholds the explorer discovered christopher, decision by on Edgar Allan an arbitration panel of not to issue a subpoena for boo to kill, the disciplinary files of other officers who were disciplined for untruthfulness. Essay On Edgar! AFSCME v. City of New Haven, #AC 23347, 2004 Conn. App. Lexis 56 (2004). [2004 FP Apr] Falsifying time cards or other records.
Arbitrator sustains the termination of a public employee, without a prior warning, for Essay about of Customer Training Literacy, falsifying a doctor’s note, extending the time that she could be off work. Univ. of Essay Poe, Calif. Essay Power Parity! San Francisco and Coalition of University Employees, 125 LA (BNA) 1808 (Staudohar, 2009). Arbitrator sustains the termination of a worker for dishonesty; the grievant claimed he was suffering from an injury, not an illness, and it is “clear to anyone who watched the video of him at Home Depot that he was ambulatory and had a fair range of motion in both shoulders.” Lincoln Electric System and IBEW L-1536, FMCS Case #08/56659, 125 LA (BNA) 1185 (Gaba, 2008). Arbitrator sustains the termination of a water dept. worker for falsifying records. AFSCME C-8, L-101 and City of Dayton, AAA #52-390-00330-04 (Graham, 2005). California appeals court affirms the termination of an LAPD officer who submitted a false daily field activities report. Haney v. Essay Allan Poe! City of Essay about of Customer Training and Computer, Los Angeles, No. B153530, 2003 Cal.
App. Lexis 763 (2d Dist. 2003). Filing a false police report, claim or complaint. Appellate panel sustains the Essay on Edgar Poe, termination of a postal employee for falsifying time records. White v. Essay! Postal Service, #2010-3057, 2010 U.S. App. Lexis 12062 (Unpub. Allan! Fed.
Cir.). Arbitrator upholds the firing of a police employee who made serious allegations against the police chief that she knew were untrue. A police dept. must have confidence that its employees will be truthful at all times. City of which explorer discovered america, Port Orchard and Teamsters L-589, Case #18103-A-03-1396, 123 LA (BNA) 581 (Knutson, 2006). California appellate affirms a civil service commission to reduce a termination to a 90-day suspension for on Edgar Allan Poe, a sergeant who turned in a factually inaccurate internal investigation report. The sergeant had received no formal training and was inexperienced in I-A report writing, and did not intend to on Purchasing deceive his superiors. Kolender v. San Diego County Civil Service Commission (Salenko), #D045266, 132 Cal.App.4th 1150, 2005 Cal. App. Lexis 1492, 2005 WL 2002283 (4th Dist. 2005). [2005 FP Dec]
Massachusetts Supreme Court overturns an arbitration award reinstating an Allan Poe officer that falsely arrested a citizen and repeatedly lied in his reports about the event. A police officer who . shrouds his own misconduct in an extended web of Essay The Beneifts of Customer and Computer Literacy, lies and perjured testimony, corrodes the Allan Poe, public's confidence in its police force. City of Boston v. Which Discovered Before Columbus! Boston Police Assn., #SJC-09297, 443 Mass. 813, 824 N.E.2d 855, 2005 Mass. Essay On Edgar Allan Poe! Lexis 151 (Mass. 2005). [2005 FP Jun]
Whistleblower law did not protect a North Carolina state trooper who was fired for omitting information about the use of force by another officer in his initial report, and Essay then reported it in Essay, an amended report. Newberne v. Crime Control and Public Safety, #COA03-530, 606 S.E.2d 742, 2005 N.C. Hamlets Mother! App. Lexis 176 (2005). Arbitrator sustains a 10-day disciplinary suspension of a non-safety city worker who falsely reported that her car had been hit in a parking lot. On Edgar! City of Essay about The Beneifts of Customer Training and Computer, North Ridgedale and on Edgar Allan AFSCME L-3442, 119 LA (BNA) 747 (Fullmer, 2003). Arbitrator sustains the termination of an officer, who had a prior disciplinary offense, of neglect of duty and The Beneifts of Customer and Computer Literacy false reporting. He falsely claimed he was only parked in a secluded area a short period while on a meal break.
City of Essay, Cooper City and Broward Co. PBA, 118 LA (BNA) 842, FMCS Case #020814/04630-3 (Hoffman, 2003). [2003 FP Nov] Appeals court sustains demotion of a jail sergeant who claimed he saw his lieutenant mistreat an inmate. His story was not believed, he delayed reporting the accusations, and failed to intervene in the alleged beating. LaGrange v. Essay On Purchasing Power Parity! Nueces Co., 989 S.W.2d 96 (Tex.App. 1999). Essay Poe! [2000 FP 59] Appellate court in California concludes that an investigator was lawfully terminated for making false statements on a workers' compensation claim form and was dishonest with his supervisor. Holmes v. Dist. Atty., 81 Cal.Rptr.2d 174, 1998 Cal. App. Lexis 1094. [1999 FP 40]
Appellate court upholds termination of Essay, a police officer who failed to conduct a proper felony investigation, gave false and misleading statements to on Edgar Allan Poe another officer, failed to complete a report, submitted an inaccurate report, and possessed another officer's uniform. Barefoot! Marino v. City of Los Angeles, 110 Cal.Rptr. On Edgar! 45, 34 Cal.App.3d 461 (1973). Termination upheld for explorer to have christopher columbus, making a false written statement. Cruz v. City of San Antonio, 440 S.W.2d 924 (Tex.Civ. App. Essay On Edgar Poe! 1969). Connecticut Supreme Court sustains disciplinary action against police officers that misrepresented their residency. Wilbur v. The Beneifts Of Customer Training And Computer Literacy! Walsh, 147 Conn.
317, 160 A.2d 755 (1960). Immunity of persons who respond to investigators. California appellate court holds that statements made by a former employer during a background investigation by a law enforcement agency were absolutely privileged against a suit for defamation. Shea v. General Tel., 193 Cal.App.3d 1040, 238 Cal.Rptr. 715 (App. 1987).
Filing a false medical report justified the discharge of a firefighter. Nelmark v. DeKalb Bd. of Fire P. Cmsnrs., 512 N.E.2d 1021 (Ill.App. 1987). Intent (necessity of) Federal Merit Board overturns an on Edgar arbitrator that upheld the termination of a FLETC instructor for falsifying her educational qualifications. She listed a degree from Hamilton University, an institution that lacks Dept. of Education approval and grants credit for life experiences.
To sustain a falsification charge, management must prove an employee supplied incorrect information with the intention of The Benefits of Running Barefoot Essay, defrauding the agency. She did earn a bachelor's degree in criminal justice from Hamilton, but the arbitrator focused on the value of the degree. FitzGerald v. Dept. of Homeland Security, #CB-7121-07-0014-V-1, 2008 MSPB 17, 107 MSPR 666, 2008 MSPB Lexis 17. California appellate affirms a civil service commission to reduce a termination to a 90-day suspension for a sergeant who turned in a factually inaccurate internal investigation report. The sergeant had received no formal training and was inexperienced in I-A report writing, and did not intend to deceive his superiors. Kolender v. San Diego County Civil Service Commission (Salenko), #D045266, 132 Cal.App.4th 1150, 2005 Cal.
App. Lexis 1492, 2005 WL 2002283 (4th Dist. 2005). [2005 FP Dec] An intent to deceive is a necessary element of the offense of untruthfulness. Smith v. Co. of Riverside, #E037260, 2006 Cal. Essay On Edgar! App. Power! Unpub.
Lexis 2344 (4th Dist. 2005). Allan Poe! [2006 FP Jul] Appeals panel affirms the termination of an FBI agent who, during the I-A interview, significantly understated the number of times he had misused a Bureau vehicle. It was unnecessary to prove an intent to deceive his superiors. Which Is Believed Discovered Christopher Columbus! cards). Ludlum v. Dept. of Essay Allan, Justice, #01-3093, 278 F.3d 1280, 2002 U.S.
App. About Training! Lexis 1128 (Fed.Cir. 2002). [2002 FP Apr] Lying in Essay on Edgar Allan, a judicial proceeding or otherwise when under oath. A Chicago police officer was fired on the basis that he committed perjury in a proceeding concerning charges of underpinnings, criminal harassment against his second wife by stating that he did not testify in on Edgar Poe, the divorce case involving his first wife. Essay The Beneifts Of Customer And Computer Literacy! An additional ground for the discharge was a finding that he made false statements in that first divorce proceeding (saying that he did not know where his first wife lived) and false statements in the criminal harassment trial, in violation of Essay Allan Poe, a departmental rule. An intermediate appeals court ruled that he had not committed the crime of perjury, since his false statement at Essay on Purchasing the criminal proceeding was immaterial to Essay Poe the issue of Power, harassment. But the finding that he had made false statements in the divorce trial and harassment trial was not against the manifest weight of the evidence. Essay On Edgar Poe! The case was remanded to the Police Board for a determination of an appropriate punishment based solely on the making of the false statements alone. The appeals court also rejected the officer's argument that a finding of not guilty in a prior disciplinary action charging him with bigamy barred the present disciplinary action, finding that the earlier case arose out of a different set of facts. Taylor v. Police Board of the City of on Purchasing Power, Chicago, #1-10-1156, 2011 Ill.
App. Lexis 1150, 2011 IL App (1st) 101156. Federal appeals court affirms the termination of Essay Allan, a criminal investigator for falsely stating in a court affidavit that she was still married to a spouse from whom she was divorced more than six years earlier. On Purchasing Power Parity! Her claim that she had not read the document was not credible; as a trained criminal investigator who had attended law school, she would not likely sign an affidavit without reading the accompanying petition. Hernandez v. Allan Poe! Department of Homeland Security, #2009-3038, 2009 U.S. App. Lexis 10021 (Unpub. Fed. Cir.). Appellate court sustains the termination of an officer who, while off-duty, engaged in a high-speed pursuit and Essay Training failed to report that another officer had discharged his weapon.
He stood mute as L__ lied about firing his gun. When police officers fail to correct misinformation from their fellow officers, and lie to obstruct investigation into Essay on Edgar Allan official misconduct, they have forsaken their central duties to protect the citizens of the underpinnings, community. Essay Poe! Remus v. Essay! Sheahan, #1-06-0756, 2009 Ill. App. Lexis 18 (1st Dist.). A divided appellate court affirms the termination of a police officer that lied under oath to help a fellow officer who killed an arrested man.
In a 2-to-1 holding, the court set aside the arbitrator's award reducing the Essay on Edgar Allan Poe, punishment to a three-day suspension because a penalty matrix used in deciding disciplinary punishment was not referenced in the bargaining agreement. City of Cincinnati v. Queen City Lodge (Spellen), #C- 040454, 2005 Ohio 1560, 2005 Ohio App. Lexis 1522 (2005); #A0509129 (Cm.Pl. Hamil. Co.
2005). [2006 FP May] Ohio appellate court overturns an arbitration award where the punishment of an officer, who lied under oath, had been reduced from hamlets mother a termination to a three-day suspension. It is also common sense and an inherent expectation that law enforcement officers taking an oath to uphold laws and serve the community must not lie. Honesty and service to the community are expectations of all law enforcement officers. A violation of this trust impairs an Poe officer's ability to perform the duties of his/her job.
City of on Purchasing, Cincinnati v. Queen City L-69, F.O.P., # C-040454, 2005 Ohio App. Lexis 1522, 2995 Ohio 1560 (1st Dist. Essay On Edgar! 2005). [2005 FP Jun] Justice Dept. indicts a Deputy U.S. Marshal for perjury, following an intimate relationship with an alternate juror in the Oklahoma bombing prosecution of Essay of Customer and Computer Literacy, Timothy McVeigh. Although cleared of the accusation that he intended to influence the verdict, he allegedly lied to his superior (18 U.S. Essay On Edgar Allan Poe! Code §1001) and Barefoot before a grand jury (18 U.S. Code §1623) about his contacts with the juror. U.S. v. Benny Bailey, #1:02 CR 00095 (D.Colo.
2002); DoJ Press Release 02-103. Dismissal sustained for untruthfulness before an official hearing board. Foran v. Murphy, 342 N.Y.S.2d 4 (A.D. 1973). Appellate court upholds termination of a police officer who gave evasive answers to a grand jury. Donnelly v. Police Dept., 40 A.D.2d 649, 336 N.Y.S.2d 508 (1972). Termination upheld for filing an untruthful affidavit. Waseman v. Roman, 168 S.E.2d 548 (W.Va. 1969). Lying to superiors or internal affairs investigators.
The Alaska Supreme Court ruled that the state Police Standards Council reasonably decided that a police officer was not of good moral character when he admitted that he lied and was evasive during an investigation into alleged misconduct that included abuse of alcohol and on Edgar making sexually offensive remarks to two female officers. This was the basis for revoking the officer's police certificate. Alaska Police Standards Council v. Parcell, #S-15364, 2015 Alas. Lexis 40. A sheriff's deputy cracked a department vehicle's windshield by striking it with a binder while trying to shoo away a horsefly.
He initially reported that the cracked windshield was the result of Essay on Purchasing Power Parity, it being struck by Essay on Edgar a rock, but he later admitted his responsibility after another deputy reported the truth. He was fired after an investigation for untruthfulness. A county civil service board reversed the termination, and later issued a second decision upholding the termination after remand from a trial court. The Supreme Court of Kansas upheld an intermediate appeals court decision vacating the civil service board's first decision overturning the termination, finding both that the civil service board had exceeded its authority, and that its decision had not been substantially supported by the evidence. The Beneifts And Computer! Denning v. Johnson County Sheriff's Civil Serv. Essay On Edgar Allan Poe! Bd., #104318, 2014 Kan.
Lexis 421. A police officer employed by a city was terminated after he committed an act of domestic battery and then lied about doing so. The union representing officers filed a grievance asserting that the hamlets mother, discharge was not for just cause. An arbitrator agreed, and ordered that he be reinstated. A trial court found that the arbitration decision was void and in violation of public policy. Essay! An appeals court upheld that ruling. “We are aware of no case, and no statute, that requires an allegation of which is believed to have discovered america 500 years before christopher, misconduct in this context be proved by clear and convincing evidence because the misconduct may also be criminal and because the City seeks to discharge the Essay on Edgar Poe, officer.
There is well-defined and dominant public policy against acts of domestic violence. Kill A Mockingbird! Acts of domestic violence are even more disturbing when committed by a police officer – whether on or off duty. It is a violation of public policy to require the continued employment of an officer who has been found to be abusive and untruthful. We find the standard of proof is preponderance of the evidence. On Edgar Allan! The Arbitrator concluded the act was proved by a preponderance and the lie was proved by a preponderance.
It would be repugnant to public policy to retain [him] as a police officer in these circumstances.” Decatur Police Benevolent and Essay Power Parity Protective Ass’n Labor Committee v. City of Decatur, #4-11-0764. 968 N.E.2d 749 (Ill. App. 2012). A female employee at a state youth services agency failed to show that her termination was gender discrimination.
She argued that her firing for lying about Essay Poe, having had concerns about the wisdom of releasing a young man from residential custody into a community-based treatment program was a pretext for sex discrimination. The young man released committed a murder. She pointed to the fact that a male employee who initially told the same lie was not fired. The appeals court found that the two employees were not similarly situated as to their acts of dishonesty, in that the boo to, male employee quickly retracted his initial lie, while the plaintiff did not. Twiggs v. Essay Allan! Selig, #11-1682, 2012 U.S. App. Lexis 11210 (8th Cir.).
Administrative charges against a police officer for making false statements about past misconduct in hamlets mother, the course of an internal investigations were not barred by Essay on Edgar Poe a one year limitations period provided in Barefoot Essay, the Maryland Law Enforcement Officers’ Bill of Rights, Md. Code Public Safety §3-106(a). The limitations period starts to run from the day the officer's false statement came to their attention rather than from the date the underlying incident came to departmental attention. Robinson v. Baltimore Police Dept., #2011-17, 2011 Md. Lexis775. A probationary correctional officer failed to show that she was constructively terminated and compelled to resign in retaliation for her refusal to Essay on Edgar make false statements to a grand jury, in violation of her First Amendment rights. The Benefits Barefoot Essay! She had observed a couple arguing outside a home, and had allegedly been pressured by a police detective who was unsatisfied with her statements indicating that what she had observed had not been a battery. He allegedly complained to her employer in an attempt to bully her into Essay changing her story, which she refused to do.
She failed to show that the hamlets mother, alleged firing was retaliatory, and had no protected interest in staying on on Edgar, the job, given her probationary status. Redd v. Nolan, #10-2680, 2011 U.S. Boo To! App. Lexis 23692 (7th Cir.). Federal Merit Boards sustains the termination of Essay Poe, a criminal investigator for untruthfulness and failing to timely inform agency management of a confidential informant's misconduct. Bencomo v. Dept. of Homeland Security, #DA-0752-09-0332-I-1, 2011 MSPB 22. Rejecting a defense that memories are inaccurate, an Ohio arbitrator upholds the underpinnings, termination of a police officer accused of lying to a citizen and to his superiors. . discharge is an acceptable penalty in on Edgar, light of the higher standard expected of officers of the law, and the grievant previously was counseled about untruthfulness. FOP Ohio and City of Springboro, FMCS #09-02052 (Nowell, 2010). Even though a postal worker was acquitted of theft charges, an Parity appellate court affirms his conviction for making false statements to postal inspectors. United States v. Algee, #08-3196, 2008 U.S. App.
Lexis 6007, 2010 FED App. 0081P (6th Cir.). In affirming the termination of a federal worker for lack of on Edgar Allan Poe, candor, the which is believed to have discovered america before columbus, undisputed evidence demonstrates that, moments after she left a voicemail message for her supervisor stating that she was unable to report for on Edgar, duty due to illness, background laughter ensued, and she admitted that she came up with excuses for her absences on both dates. This undermined the credibility of her statements to her supervisor and demonstrated her lack of candor. Smith v. Dept. of Interior, #DC-0752-09-0135-I-1, 2009 MSPB 165, 2009 MSPB Lexis 5660. Arbitrator reinstates a state trooper who was fired for untruthfulness. Essay! The grievant “was under extreme stress from his workload, from his family, [and] from a racial profiling charge.” The reinstatement was ordered without back pay or benefits and “the grievant shall be granted immediate retirement.” State of Ohio and Essay Poe Ohio State Troopers Assn., Grievance No. 15-03-080122-0004-04-01, 125 LA (BNA) 428 (Feldman, 2008). Arbitrator sets aside the termination of a state trooper who lied about following an agency policy. This was the kill, first apparent instance of untruthfulness, he was under extreme stress at work and at Essay on Edgar Allan home.
The arbitrator ordered the about The Beneifts of Customer Literacy, grievant to on Edgar be reinstated without back pay or benefits and granted immediate retirement. Of Running Essay! State of Ohio and Essay Poe Troopers Assn., Grievance #15-03-080122-0004-04-01, 125 LA (BNA) 428 (Feldman 2008). Arbitrator sustains the kill a mockingbird, termination of a municipal employee that intentionally delayed providing notification of his divorce to management so that his ex-wife could continue to access his health insurance coverage; when confronted, the grievant was not honest or forthcoming. City of Eugene and AFSCME L-1724, 124 LA (BNA) 1724 (Henner, 2008). Illinois federal court delineates when untruthfulness by a police officer warrants termination, and when it does not. The appellant lied about his whereabouts during a sick day, mischaracterized a conversation between him and Poe another officer during roll call, and lied that he was threatened by Essay of Customer Training and Computer Literacy a fellow officer. The substance of Essay Allan Poe, these falsehoods do not directly relate to [his] public duties as a police officer, nor are they lies resulting from hamlets mother official police business, and on Edgar Allan Poe therefore do not warrant termination. Harder v. Vil. of Forest Park, #05-C-5800, 2008 U.S. Dist. Which Explorer 500 Years Christopher Columbus! Lexis 36892 (N.D.Ill.). New York's highest court upholds the termination of on Edgar Poe, a police officer for giving false and Essay on Purchasing misleading statements to members of the Internal Affairs Bureau.
Duncan v. Kelly, #47-SSM-36, 2008 N.Y. Lexis 66, 2008 NY Slip Op 00181, 2008 NY Int. 5. New York appellate court rejects an unusual theory that a probationary NYPD officer should not have been fired for making false and misleading statements to on Edgar Allan internal affairs investigators, because the underlying offense of credit card fraud occurred before he was hired. The panel also discarded a claim that internal affairs lacked authority to philosophical question him about preservice conduct because hiring decisions are made by the city's Dept. of Admin.
Services. Matter of Duncan v. Kelly, #104079/04, 2007 NY Slip Op 06408, 2007 N.Y. App. Div. Lexis 8923 (1st Dept.). N.H. Supreme Court upholds the termination of a police chief who gave agency ammunition to a businessman and Poe then lied about his conduct. His lack of candor was a violation of the police dept's policy of kill a mockingbird, truthfulness in an investigation and Essay Allan Poe fell below the standard of behavior appropriate for his position. Yoder v. Boo To Kill! Middleton, #2004-122, 2005 N.H. Lexis 101 (N.H.
2005). Nebraska Supreme Court upholds the decertification of Essay on Edgar, a state trooper who repeatedly physically abused his wife and also lied to an investigating officer. Hauser v. Nebraska Police Standards Advisory Council, #S-03-1386, 269 Neb. 541, 694 N.W.2d 171, 2005 Neb. Lexis 64 (2005). [2005 FP Jun] Appeals court declines to overturn the termination of a police officer who violated agency policy and Essay Training and Computer Literacy was untruthful about his conduct. Essay On Edgar! Honesty is critical to an officer's performance of duty. Huemiller, v. Ogden Civil Service Cmsn., #20010968-CA, 2004 UT App 375, 101 P.3d 394, 2004 Utah App.
Lexis 414 (2004). [2005 FP Mar] Although termination might not be appropriate for making a false insurance claim 14 years earlier, an arbitrator upholds the dismissal because the officer lied during the I-A investigation and continued to mislead his superiors up until his time of philosophical, termination. Kitsap Co. and K.C. Deputy Sheriff's Guild, 118 LA (BNA) 1173, AAA #75-L-390-00240-02 (Gaba, 2003). [2004 FP Feb] Oregon courts affirm an Allan Poe arbitrator's decision to reinstate an officer who used marijuana and The Beneifts of Customer Literacy lied about Essay Poe, it. Reinstatement does not offend considerations of public policy against drug use or dishonesty, and is consistent with a policy of the rehabilitation of drug users. Hamlets Mother! Washington Co. Police Assn. v. On Edgar Poe! Washington Co., Ore. Essay On Purchasing! Empl. Rel.
Bd. #UP 76-99; aff'd, SC#S49518, 335 Ore. Essay Allan! 198, 63 P.3d 1167, 2003 Ore. Lexis 120, 172 LRRM (BNA) 2037 (Ore. 2003); action on remand at #A114208, 69 P.3d 767; 2003 Ore. App. Lexis 629, 172 LRRM (BNA) 2592 (Ore. App. 2003). [2003 FP Sep] Appeals panel affirms the Essay The Beneifts of Customer, termination of an Allan FBI agent who, during the I-A interview, significantly understated the number of times he had misused a Bureau vehicle.
It was unnecessary to prove an intent to deceive his superiors. cards). Ludlum v. Dept. of Justice, #01-3093, 278 F.3d 1280, 2002 U.S. App. Lexis 1128 (Fed.Cir. Philosophical! 2002). [2002 FP Apr]
Arbitrator upholds the termination of an officer who lied about having sex in a police car while on duty. City of Cuyahoga Falls, Ohio and Fraternal Order of Police, FMCS #010302/007108-6, 116 LA (BNA) 545 (2001). Essay On Edgar Poe! [2002 FP Mar] Supreme Court declines to review police termination case where trooper lied about having sex on duty. Martin v. Kentucky State Police, #98-466, 119 S.Ct. 511, 1998 U.S. Lexis 7289, 142 L.Ed.2d 424 (1998). [1999 FP 40] In a case of major importance, the Supreme Court reverses lower decisions; upholds the termination of Essay of Customer and Computer Literacy, employees who lied to their superiors. Punishment also can be added for those who lie. LaChance v. Erickson, 1522 U.S. 262, 118 S.Ct.
753 (1998). [1998 FP 35] Appellate court affirms termination of NYPD officer who lied at an internal affairs interview. His retraction of earlier statements did not excuse the untruthful answers. Spiratos v. Safir, 672 N.Y.S.2d 311 (A.D. 1998).
Arbitrator upholds termination of trooper who stopped an attractive motorist for no apparent reason, and then flirted with her. He also lied about the incident to his superiors. Essay On Edgar Poe! Ohio (State of) and FOP Council 1, 34 (1693) G.E.R.R. (BNA) 1702 (Feldman, 1996). [1997 FP 36] Federal appeals court upholds termination of police officer for lying to Essay superiors concerning his sexual relationship with a former officer. Sweeney v. City of Ladue, 25 F.3d 702, 1994 U.S. App. Lexis 13215, 64 FEP Cases (BNA) 1633 (8th Cir.
1994). [1994 FP 149] Arbitrator reinstates a fire lieutenant that polluted a urine sample. He did not abuse drugs, but did engage in deception. Reinstatement without back pay was sufficient punishment. Essay On Edgar Poe! Fort Lauderdale (City of) and Prof. Firefighters L-1545, 115 LA (BNA) 418 (Mittenthal, 2001). [2001 FP 78] Washington state appellate court affirms termination of a deputy sheriff who lied to get in a training course helpful to his national guard service.
Kursar v. Whatcom Co., #44585-5-I, 101 Wn. App. 1013, 2000 Wash. App. Lexis 903. Philosophical! [2001 FP 13-4] California appellate court holds that a civil service commission abused its discretion when it reduced a termination to a 90-day suspension, imposed on on Edgar Allan Poe, a deputy sheriff who lied to hamlets mother cover up a fellow officer's physical abuse of an Essay on Edgar inmate.
Kolender v. San Diego Co. Civ. Hamlets Mother! Serv. Cmsn. (Berry), #D045268, 132 Cal.App.4th 716, 34 Cal.Rptr.3d 1, 2005 Cal. Allan Poe! App. Lexis 1421 (4th Dist. Explorer To Have America Before! 2005). [2005 FP Dec]
Resume fraud or job application omissions and Poe falsehoods. Appellate court affirms the termination of a NYPD officer, who, during the hiring process, concealed the fact that he had been a suspect in a criminal homicide while in the army and had associated with members of a gang that had committed a homicide. Walsh v. Kelly, #3916, 2010 NY Slip Op 9346, 912 N.Y.S.2d 406, 2010 N.Y. App. Div. Lexis 9416.
Federal Merit Board sustains the hamlets mother, termination of a government employee who falsely stated in his job application that he had earned a master's degree and also misrepresented his military duty status. Crump v. Dept. of Veterans Affairs, #CH-0752-06-0820-I-4, 2010 MSPB 119. Arbitrator orders reinstatement of a federal prison employee who omitted mention of on Edgar, receiving non-judicial punishment while in the Navy. Boo To A Mockingbird! The grievant was honorably discharged from military service and was subsequently employed with companies engaged in security sensitive operations. Fed.
Bur. of Prisons and Essay on Edgar AFGE L-3969, 126 LA (BNA) 201, FMCS Case #08/54183 (Riker, 2009). Fifth Circuit upholds the rejection of a minority police officer applicant who had concealed his termination and falsely claimed still to be working as an officer at the time of application. Smart v. Geren, #08-50448, 2008 U.S. App. Lexis 24995 (Unpub. 6th Cir.). Rejected Haitian applicant for state trooper position failed to establish that he was qualified, after a supplemental investigation revealed six discrepancies in kill, his application: (1) false statements to Essay on Edgar Allan Poe the Social Security Administration; (2) omission of having filed for divorce; (3) omission of school transcripts; (4) omission of kill a mockingbird, a physical altercation with his wife; (5) automobile insurance fraud; and (6) fraud in applying for a Florida driver’s license.
Gaston v. State of New Jersey, #08-1831, 2008 US App (3rd) 1572, 2008 U.S. App. Essay On Edgar! Lexis 23576 (3rd Cir). Arbitrator orders the of Running Barefoot Essay, reinstatement of a Bureau of Prisons employee in Essay on Edgar Allan Poe, spite of her failure to hamlets mother disclose an investigation of her at Essay Allan Poe another location. She had an excellent work record and was cleared of charges. Moreover, management could not establish that she intentionally gave a false statement, Fed. Bur. of Prisons and AFGE L-0922, FMCS Case #07-02327, 125 LA (BNA) 573 (Nicholas). Appellate panel rejects a retaliation lawsuit brought by about of Customer Literacy a sexual harassment complainant who was fired after management learned that she falsely claimed to have a bachelor's degree.
Kosan v. Essay! Utah Dept. of Corrections, #07-4261, 2008 U.S. App. Underpinnings! Lexis 18381 (10th Cir.). Federal appeals court sustains the termination of an Air Force employee that failed to reveal the fact that she had been fired from another job in the last five years. Even if the appellant assumed that the question related solely to federal employment, the Essay Poe, form clearly indicated discharges from any job. Wolfbauer v. O.P.M., #2008-3173, 2008 U.S. App. Lexis 14706 (Unpub.
Fed. Cir.). Arbitrator upholds discharge of an insubordinate worker, where management offered after-acquired evidence that the hamlets mother, grievant had falsified his employment application to hide criminal conduct. Bi-State Development Agency and Amal. Transit Union L-788, FMCS Case No.
0830/59822-A, 125 LA (BNA) 54 (Daly, 2008). Federal Merit Board sustains the termination of a worker that failed to disclose multiple domestic violence convictions in on Edgar Allan, his employment application. Christopher v. Dept. of the Army, Docket #AT-0752-07-0092-I-1, 2008 MSPB 2. Federal Merit Board overturns an arbitrator that upheld the termination of about of Customer Training, a FLETC instructor for Allan, falsifying her educational qualifications. Of Running Barefoot! She listed a degree from Hamilton University, an institution that lacks Dept. of Education approval and grants credit for life experiences.
To sustain a falsification charge, management must prove an employee supplied incorrect information with the intention of defrauding the agency. She did earn a bachelor's degree in criminal justice from Hamilton, but the arbitrator focused on Essay, the value of the degree. FitzGerald v. Dept. of Homeland Security, #CB-7121-07-0014-V-1, 2008 MSPB 17, 107 MSPR 666, 2008 MSPB Lexis 17. Federal Merit Board votes 2-to-1 to reverse the termination of a federal air marshal that falsified his application by omitting a prescription drug he had taken. Asking an appellant to disclose the medications he is taking prior to extending a job offer violates 42 U.S.
Code §12111(d) and 29 C.F.R. §1630.13(a). The majority relied on Downs v. Mass. Bay Transp. Auth., 8 AD Cases (BNA) 447, 13 F.Supp.2d 130 (D. Mass. 1998). The dissenting member wrote that the a mockingbird, Supreme Court's decisions in LaChance v. Erickson, #96-1395, 522 U.S. 262 (1998) and Bryson v. United States, #35, 396 U.S.
64 (1969) hold that a federal employee does not have the right to lie, even as a response to on Edgar Allan Poe an improper question. Evans v. Dept. of Homeland Security, #AT-0752-05-0844-I-1, 2007 MSPB 297; 2007 MSPB Lexis 7068. Arbitrator holds that a detention center improperly terminated a correctional officer that falsified his employment application by The Benefits omitting two instances when a prior employer recommended disciplinary action. Poe! From the time the grievant falsified his pre-employment application, a period of 44 months elapsed until he was terminated [and] the misrepresentations of the grievant on which explorer is believed to have discovered columbus, his pre-employment application were not material to the employer at Essay Allan the time of philosophical, his termination. Essay Poe! Disciplinary action is reversed Federal Detention Center Miami and AFGE) L-501, FMCS Case #07/51043, 123 LA (BNA) 1236. (J. Wolfson, 2007). MSPB confirms the termination of a Bureau of Prisons employee who gave false answers about child support questions in his employment application. The test is, would the agency hire an applicant if he or she had been truthful?
Cameron v. Dept. of Justice, #DE-0752-04-0155-I-1, 2004 MSPB Lexis 3178 (Rptd. 2005). An employee cannot use the FMLA (or other civil rights laws) to claim retaliatory termination when he was properly fired for falsifying his job-application, and there was no evidence that the employer's rule punishing untruthful applications is applied more harshly to hamlets mother employees who make legal claims against the company than against other employees who falsify their applicant forms. Essay! Aubuchon v. Knauf, #03-1382, 359 F.3d 950, 2004 U.S. App. Lexis 4347, 9 WH Cases2d (BNA) 711 (7th Cir.
2004). GAO targets phony degrees held by federal workers. A Senate Committee asked the GAO to to have discovered 500 years before columbus investigate the use of diploma mill degrees to on Edgar Allan Poe obtain positions and promotions and whether those degrees were paid for with federal funds. Arbitrator sustains the firing of a worker who consciously omitted listing prior surgeries and of Running Barefoot disability claims in her pre-employment application. Birmingham Steel and U.S.W.A. Essay On Edgar Poe! L-9777, FMCS Case #00/08457, 116 LA (BNA) 61 (Doering, 2001). Arbitrator sustains the termination of a county employee who, in her job application, omitted the fact that she had resigned from a criminal justice job, while under suspension. Multnomah County and M.C. Which Explorer America 500 Years Before Christopher! Employees L-88, AFSCME C-75, 115 LA (BNA) 1499 (Calhoun, 2001). [2001 FP 173-4]
Arbitrator rules that a private employer did not have just cause to discharge an employee who falsely answered question on the employment application about Allan Poe, whether he had ever been convicted of felony. He worked for which explorer to have 500 years before columbus, over a year without incident and appears to be rehabilitated. Trailmobile and Essay Allan Poe PACE, 112 LA (BNA) 1108 (G. Cohen, 1999). Worker who concealed a conviction on his employment application is entitled to an a total disability compensation award for a back injury. The concealment was unrelated to the claim. Falls Church Constr. v. Laider, #962627, 8 (24) Wrk.Cmp. (BNA) 607 (Va. 1997). Colorado supreme court rejects all common law wrongful termination suits where the employee lied on explorer is believed to have 500 years, the job application form. Crawford Rehabilitation v. Weisman, 938 P.2d 540, 1997 Colo. Lexis 491. [1997 FP 170-1]
Federal appeals board reduces punishment of Essay, employee who concealed a conviction on his job application, from termination to hamlets mother a reprimand. Perez v. U.S. Postal Service, 1997 MSPB Lexis 833, 75 MSPR 503. [1997 FP 155] Employer did not have just cause to discharge worker who, 11 years earlier, had falsified his employment application. His work had been satisfactory, and on Edgar Poe he admitted the falsification when confronted. Plymouth Tube and UAW L-1448, 108 LA (BNA) 1016 (Heekin, 1997). Appeals court sustains termination of firefighter who failed to disclose on his application he had been a long-term drug addict. Brennan v. Kaluczky, 641 N.Y.S.2d 176 (A.D. 1996). [1997 FP 43-4] Private employer had just cause to terminate an employee that had falsely stated he quit a prior job to care for his mother, when in on Purchasing Parity, fact he had been in prison for a felony.
Amer. Poe! Comm. The Benefits Of Running Barefoot! Vehicles and UPIU L-7785, 107 LA (BNA) 1 (Bittel, 1996). Federal court affirms an on Edgar Poe arbitration award reinstating an employee who gave a false name to conceal the fact he was an hamlets mother illegal alien at Essay on Edgar Poe that time. Boo To Kill! Termination was without just cause in light of his nine years of on Edgar Allan Poe, faithful service and naturalization as a citizen. Great Atlantic and L-338 RWDS Union, 1996 U.S.Dist. Of Running Essay! Lexis 5255 (S.D.N.Y.). Essay On Edgar Allan! [1996 FP 173] Florida appellate court sustains termination of sheriff's employee for intentionally omitting his prior employment as a police officer in N.H., even though personnel board recommended a 90-day disciplinary suspension. Philbrick v. Co. of Volusia, 668 So.2d 341 (Fla.App. 1996). Fed. app. ct. affirms back pay and reinstatement awards of woman f/f that was terminated for concealing her prior foot surgery on boo to kill a mockingbird, her employment application.
Jury found the omission was not a serious medical problem and that fire dept. discriminated against her because of her fall from Essay Poe a fire truck and a back injury. Thomlinson v. Omaha, 63 F.3d 786 (8th Cir. 1995). Employer had just cause to terminate an employee who, in his employment application, concealed a conviction, lied about his education and failed to disclose a term in prison. Trane Co. and Electronic Workers, 104 LA (BNA) 1121 (Johnson, 1995). Mixed motives: Just cause existed to discharge an employee who falsified his employment application, even though the misconduct was discovered after he was investigated for a mockingbird, distributing socialist literature.
Cone Mills v. ACTWU, 103 LA (BNA) 745 (Byars 1994). NY appellate court affirms termination of NYCPD officer for omitting mention of Essay Allan Poe, ongoing psychological treatment in his preservice application. Gray v. Dept. of Personnel, 592 N.Y.S.2d 376 (A.D. 1993). Kill! [1994 FP 28] Federal appeals court allows an otherwise wrongfully terminated employee to Essay on Edgar collect double back wages up until the time an employer discovers misrepresentation in the employment application. Kristufek v. Hussman Foodservice Co., 985 F.2d 364 (7th Cir. 1993). [1994 FP 11] Appellate court affirms termination of NYPD officer who omitted, on his employment application, any mention of his military service and the use of an alias. Angelopoulos v. Power Parity! N. Y. Civil Serv. Cmsn., 574 N.Y.S.2d 44 (A.D.
1991). [1992 FP 133-4] Federal appeals court reverses backpay awarded to a victim of sex discrimination. Later discovered evidence of Essay Poe, a falsified application voided her otherwise valid claim of wrongful termination. Milligan-Jensen v. Michigan Tech. Univ., 975 F.2d 302 (6th Cir. 1992); Cert. Dismissed, 114 S.Ct. 22 (1993). [1993 FP 77-8 142] City could also defend its failure to which explorer is believed discovered before christopher promote an officer on the basis of derogatory information learned after his promotion was rejected. Untruthfulness about academic credentials barred his promotion even though degree was not a promotional requirement. Gilty v. Poe! Vil. of Oak Park, 919 F.2d 1247 (7th Cir. Hamlets Mother! 1990).
Illinois disbars a lawyer who misrepresented the circumstances relating to his termination as a Chicago police officer. In re Thomas W. Jordan, 478 N.E.2d 316, 1985 Ill. Essay On Edgar Allan! Lexis 21. Police officer could be terminated for misrepresenting his prior employment record and his draft status. Purdy v. Cole, 317 So.2d 820, 1975 Fla. App.
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Consent to Essay on Edgar Allan medical treatment medical law Essay. Consent to medical treatment, medical law. Medical treatment and law are interrelated, the relationship between the two resulted to medical law which is of greater help for millions of on Purchasing Parity, people in the whole world. Medical law varies in different countries. They all serve the same purpose of protecting the interest of patients during the time of Allan Poe, medication process. Medical law covers different areas of boo to a mockingbird, medication and it contains different sub-laws that define different areas of on Edgar, medication. The issue of consent is one of the critical issues that are addressed by The Benefits Barefoot Essay, this medical law. This is because there have been many cases where patients have been subjected to Allan medical treatment without their will. Medical law gives patients the right to make decisions of their will without any influence but under certain conditions like capacity of the patient to make decisions.
The torts of negligence and battery are also common issues that are addressed under medical law. The two torts register the highest number of cases in courts because they are commonly violated by the medical practitioners. The objective of the paper is to critically analyze the concept of consent, tort of hamlets mother, battery and tort of negligence. The analysis will be supported by on Edgar Allan Poe, different case laws under each concept. Consent is a situation where a patient is given the right to decides what should be done to his or her body. If a medical practitioner touches the philosophical underpinnings, patient without this concept, the act is Essay on Edgar, referred to be unlawful. Of Running Barefoot. A medical practitioner is said to act lawfully when touching a patient under the following circumstances, but it is good to note that each circumstance depends on the category of the patient. The major categories of patients are; adults who are competence, adults who are incompetence, young people of below 16 years old and patients who require urgent care. For the case of competence adults the medical practitioner must get the concept of the on Edgar Allan, patient before subjecting him or her to medical treatment. The consent should be from the Essay The Beneifts Training, person but not any person because the law views a competence adult as a person who can make right decisions.
If the physician touches the patient without his or her concept, the act is completely unlawful. In the category of incompetent adult, the medical law defines that the Essay Allan Poe, person cannot make right wise decision and is believed to have discovered america before christopher columbus thus the physician should not comply with the person’s consent. However, this does not mean that the physician has the right to subject the person to medication. The physician should get the on Edgar Allan, concept of the court of Barefoot Essay, law or close family member of the person and in this case, the physician can touch the person lawfully. The category of on Edgar Allan, Children of below 16 years old can be well explained using the Gillick vs. West Norfolk health facility. Essay On Purchasing. In this particular case, the West Norfolk was changed in Essay on Edgar Poe, the court of law because of subjecting girls of below 16 years old to contraceptive treatment without the concept of their parents. This indicates that a medical practitioner should not touch a child of below 16 years without parental or legal consent and thus it is lawful for a medical practitioner to touch a child under the on Purchasing Power Parity, consent of parents.
In the category of emergence cases where urgent treatment is on Edgar Allan Poe, required, the hamlets mother, physician should first use all the means possible in order to get the patients consent. However, the Essay, physician can subject medication to a patient without consent and it becomes lawful under the following situations which are highlighted in the medical law act. If the patient is disabled in of Running, search a way that he or she cannot be able to communicate, if there is on Edgar Allan, a language barrier between the patient and the medical practitioner, if the delay would cause dangerous complications to the patient, if all possible ways of Essay about The Beneifts of Customer Training and Computer, getting the patients consent has been exhausted and if there is a good reason that the Essay Allan Poe, patient cannot refuse the treatment. The above reasons give the physician the right to touch a patient lawfully. There many instances where the medical practitioner acts against the consent of the patient. The medical practitioner commits a tort of negligence. The Benefits Of Running Barefoot Essay. This is a very dangerous tort because it has left many people dead and others disabled, it is mostly caused by lack of Poe, proper concentration and on Purchasing Parity seriousness of physicians in their medical operations. There are many cases where the physicians have been sued because of on Edgar Poe, acting against or without the consent of the patient. A good example is the Essay about The Beneifts of Customer Training, Alexander Baez vs. Sylvester. Alexander was a body builder and he decided to go to a medical practitioner for Pec implants the doctor by operated him implanted him with breast implants instead of pec implants.
This is just a representation of millions of cases that involves tort of negligence. The issue of consent is very critical; this is because the medical practitioner is usually reliable for touching a patient without consent and also treating a patient with consent which is Essay Allan, not well informed. The main issues lies on to what extent should the hamlets mother, medical practitioner advice the patient when coming up with the consent. Two cases can be of greater help in the process of analyzing this issue. The first case is the case between Sidaway vs. Bethlem. Sidaway was a patient where she had gone for a surgery in order to remove a trapped nerve.
Bethlem was the one who handled the Essay on Edgar Allan Poe, patient. After surgery, the patient paralyzed and he sued the doctor because of negligence. Hamlets Mother. He claimed that the doctor had not disclosed the negative effects of the surgery and on Edgar thus it was a form of negligence. The second case is between Chester vs. Afsher.
Where Chester was a journalist and which explorer is believed to have america 500 years before christopher she had a problem of back pain and on Edgar Allan one of her medical practitioner advised her for philosophical, a surgery. Chester decided to visit Afsher as a private patient and she requested for a spinal surgery. The surgery caused nerves damage and she became paralyzed. As a result of that, she sued the doctor for negligence because she claimed that the doctor had not disclosed all the information about the negative of the surgery. The two cases were addressed in different ways though they look the same, the judge in the Sidaway case sided with the doctor’s side while in the majority in the Chester case sided with the patient side. The two cases were under the English law that states that the patient must be provided with all information whether positive or negative about the medical operation for the purpose of making balanced decision. In both cases, the patients complained that they had not been well informed about the possible consequences. Allan Poe. The first case judgment was against the English law because the doctor had not provided with all the information. Underpinnings. In the second case, I strongly agree with the majority in on Edgar, that case who supported Chester.
This is because failure to provide the necessary information to the patient is a form of negligence and thus the doctor went against the law. Self-determination of which explorer is believed america 500 years columbus, patients influences the consent making process in Essay on Edgar, a greater way. In the Sidaway case, lord Scarman endorsed therapeutic privileges. This has massive effects to the patients because it raises the self-determination of the patient. If patient’s self-determination is triggered there is a possibility that the patient would make decisions out of excitement. This has resulted to a lot of cases of negligence which are indeed out of patient’s high hopes in making their consents. That is the reason why the medical practitioners should provide the both sides of philosophical underpinnings, information in order to give the patient a chance to make balanced decision which are not out of excitement or any influence.
This would reduce many cases of negligence which affects both parties depending on the jury addressing the issue. There is no danger of informing the patient about all the information concerning the operation regardless of Essay on Edgar Allan Poe, how simple it is america 500 years before, because it is not easy to know the information that will have an on Edgar Poe, impact in on Purchasing Parity, the decision making process of the patient. Operation to Allan Poe correct sticking years is an operation that is carried out by medical practitioners in for prestige because stick ears have no health complications. Many parents prefer to take their children’s for this operation while they are still young. However, anything that might happen to the child during the operation is justified and the medical practitioner cannot be responsible of anything.This is because the consent of parent is enough to legalize the child operation. The Benefits Of Running Barefoot Essay. However, there are some circumstances that can prevent this justification.
The medical operator should provide all the necessary information about the operation and failure to Allan do so can result to lack of justification. Beauchamp vs. Childress case is philosophical, a good explanation for this point because the case addressed the issue where Childress organization sued parents and physician who operated a child and the child developed problems. The jury ruled in favor of parents and physicians because the stick year operation was done in consent of parents. The issue of circumcision is related to the above case but it takes different angles, this is because there is child circumcision and adult circumcision. In the case of child circumcision, the consent must be from the parent and they have the legal right to make the decision.
In this case, the circumcision process is justified and thus the doctor has no blame if there is proper application of skills. The situation can be unjustified if the medical operator shows any kind of unprofessionalism or if the on Edgar Poe, child experiences complications which are as a result of physician’s era. There is a difference between the Barefoot, law of circumcision in males and females. The male law on circumcision is Essay on Edgar Poe, not well established because male circumcision is viewed as a normal process. The male law of circumcision states that parents of a child have the right to circumcise their male child or not. It is good to note that this law does not tackle the issue of circumcision based on cultural or religious believes. When it comes to female circumcision, the law does not support it in any way. It is illegal to operate a female whether in a mockingbird, her consent or in the consent of another person. The law prohibits parents form influencing their children for circumcision in any way. The law also prohibits the gentle mutilation whether with the consent of the child or with the consent of the parent. The law further elaborates this issue the Essay on Edgar Allan, tort of battery, the law explains that a medical practitioner should not in any case use any means to persuade a female for genital mutilation.
Male circumcision should not be made illegal because it is performed under the The Benefits, consent of on Edgar Poe, parents and also it does not have dangerous complications. Mental capacity Act 2005 section one two contains detailed guidelines on which is believed 500 years before christopher how best interest of a person who lack capacity should be determined. When a person has no capacity to make decision, the best interest of the person is determined. A person can be disabled in a way he or she cannot be in on Edgar Poe, a position of making any decision or there can be a language barrier between the patient and the physician and that is where the concept of best interest is Essay on Purchasing, applied.That Act states that the best interest of the person should not be determined according to on Edgar Allan Poe the age or physical appearance of the person. Best interest of incapacitated patient should be determined by, consultation of any person who is to the patient, any personal interest that might have been written or said by the patient when he or she was in full capacity and philosophical underpinnings the decision of the attorney. On Edgar Poe. The Act further elaborates that all process that should make the patient to give the consent should be exhausted before deciding the best interest of the person. Lastly, the beliefs if any of the person should be used to determine the best interest of the person because the act argues that the boo to kill a mockingbird, beliefs influence the decision of a person in a greater way.
Least restrictive alternative principle mean is on Edgar Allan, applied when determining the best interest for an incapacitated patient. The principle states that when applying the best interest, the less intrusive option should be considered. This means that some options that are suggested as best interest are not the hamlets mother, same, there are some which are more convenient to the person and they should be given the first priority. In case of unconscious person in a surgery table and the doctors operating the person notices that they would have an additional operation that they had not explained to me, the following is the best suggested for them that they can proceed with. Since the person is on Edgar Allan, unconscious which means have no capacity of Power Parity, giving his or her views, the best interest evaluation process should be carried out. The doctor should consult the relatives of the person concerning the issue if any. They should also assess the previous agreements in Allan, order see whether there was any document that the patient had written that could be of any help. The principle of the least restrictive alternative should be taken. The best option should be continuation of the process because it would of benefit to the patient and it would be the underpinnings, only chance for on Edgar Poe, the survival of the hamlets mother, person. In conclusion, it is the right of every patient to give consent before any operation is undertaken although this seems to depend on on Edgar Allan Poe the condition of the patient at that respective time. This would be for the benefit of both the physician and the patient.
Based on the above case study and the English law, physicians are at risk of being sued upon failure of notifying the patient on the side effects of the operations. Many doctors prefer getting information from both the patient and boo to the relatives to ensure balanced decision making that is not as a result of influence. The tort of negligence is also posed to be dangerous because it may lead to disablement or death of a patient if the doctor is careless. Both torts, the tort of negligence and battery are said to be the most violated by physicians. Beauchamp and Childress. The Principles of Essay on Edgar Allan, biomedical ethics, (1979) P. 3. Sidaway v. Bethlem Royal Hospital (All Engl Law Rep. Feb 23; 1:1018-36, 1984) p.45. Gillick v West Norfolk and Wisbech Area Health Authority. 1984 (All Engl Law Rep. 1984 Nov 19-Dec 20 (date of decision);1985(1):533-591., 1984) p.120.
General Medical Council (UK). Ethical guidance: Confidentiality. October 2009. http://www.gmc-uk.org/guidance/ethical_guidance/confidentiality.aspBeauchamp TL, Childress JF. (2001). Principles of biomedical ethics, 5th edn. (Oxford: Oxford University Press) p. 209. http://www.hpa.org.uk/Topics/InfectiousDiseases/InfectionsAZ/NotificationsOfInfectiousDiseases/ListOfNotifiableDiseases/W v. Egdell. All Eng Law Rep. (1989 Nov 9; 1:835) p.53. Her Majesty’s Stationery Office (UK). Kill. (The Data Protection Act (1998). Essay On Edgar Allan. 1998) p.332. General Medical Council (UK).
Confidentiality: Protecting and Providing Information. September 2000) p. 64. JACKSON, E. (Medical law: text, cases, and materials, 2013) p. 74. CHOCTAW, W. T. Avoiding medical malpractice: a physician’s guide to the law. (New York, Springer, 2008) p. 52. ? Alaisdair Maclean . (2009). The legal regulation of Barefoot, consent – chapter 5 from Autonomy, informed consent and medical law by Alaisdair Maclean (2009). Jackson E. “Informed consent ?to medical treatment” and on Edgar Allan Poe the impotence of tort – (First do no harm, 2009) p. 81.
Alisdair Maclean . From Sidaway to Pearce and Beyond: Is the Essay on Purchasing Power Parity, legal regulation of consent any better following a quarter of a century of judicial scrutiny – ?(article from Medical Law Review, 2009) p .213. Tom Walker What principalism misses – (in Journal of Medical Ethics., 2009) p. 9. Jose Miole One step forward, two steps back: the Allan Poe, GMC, the common law and ‘informed’ consent – (From Journal of Medical Ethics., 2010) p. 20. Rachael Mulheron Trumping Bolam: A critical legal anlysis of Bolitho’s “gloss” –( in Cambridge Law Journal, 2010).p. 67. CALLAGHAN AND COMPANY. (1912). Negligence and compensation cases annotated. (Mundelein, Ill. Philosophical Underpinnings. [etc.], Callaghan, 1912) p. On Edgar. 23.
JACKSON, E. (2013). Medical law: text, cases, and Essay Training Literacy materials. BRINDLE, N., BRANTON, T., STANSFIELD, A., ZIGMOND, T. (A clinician’s brief guide to the Mental Capacity Act, 2013) p. 74. GREAT BRITAIN. Mental Capacity Act 2005: Chapter 9. (London, Stationery Office, 2005) p. 111. TOWNSEND, R., LUCK, M. Applied paramedic law and ethics Australia and New Zealand. On Edgar Allan. (Chatswood,N.S.W.,Elsevier Australia, 2013) p. 44 http://search.ebscohost.com/login.aspx?direct=truescope=sitedb=nlebkdb=nlabkAN=520826.
DIAMOND, J. L., LEVINE, L. C., BERNSTEIN, A. (2010). Understanding torts. (New Providence, NJ, LexisNexis, 2010) p. 56. CHAMALLAS, M., WRIGGINS, J. B. (2010). The measure of injury: race, gender, and tort law. New York, N.Y., New York University Press. POZGAR, G. D. (2012). Legal aspects of health care administration. Hamlets Mother. Sudbury, Mass, Jones Bartlett Learning. TAPPEN, R. M., WEISS, S. On Edgar Allan. A., WHITEHEAD, D. K. Essentials of nursing leadership and management. (Philadelphia, F.A.
Davis, 1998) p.8. University/College: University of Arkansas System. Type of paper: Thesis/Dissertation Chapter. Date: 14 October 2015. Let us write you a custom essay sample on Consent to medical treatment medical law. for only $16.38 $13.9/page. Haven't found the Essay You Want? Get your custom essay sample.
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