Legal Concepts and Employment Law: Key Distinctions
Legal Comparisons: Key Distinctions
Choose four pairs to compare and contrast:
Litigation vs. Attorney : Litigation refers to the process of taking legal action in court, while an attorney is a legal professional who represents and advises parties during litigation. Litigation is the framework within which legal disputes are resolved, whereas an attorney is the individual who helps navigate and advocate in that process.
Redress vs. Settlement : Redress is a remedy or compensation awarded to correct a wrong, typically through a legal process. Settlement, on the other hand, is an agreement reached between disputing parties to resolve the issue without continuing litigation. Redress aims at making amends for harm, whereas settlement often involves compromise to avoid further legal action.
Prosecute vs. Charge : To charge someone is to formally accuse them of committing a crime, typically the first step in criminal proceedings. Prosecution is the process of taking legal action against the individual after the charges have been filed. Charging is the formal accusation, while prosecution involves pursuing the case in court.
Wages vs. Salary : Wages are typically paid based on the number of hours worked or units of work completed, making them variable. Salaries are fixed payments, usually made on a monthly or yearly basis, regardless of hours worked. Wages can fluctuate, while salaries provide stable and predictable income.
Reading Activity: Rust Case Update
Fill in the gaps:
- Allegedly
- Prosecutors
- Dropping
- Against
- Negligence
- Probation
Find words in the text that mean:
- Ruling
- Summon
- Cases
- Grace period
- Termination
Summary (50 words):
Alec Baldwin returned to the “Rust” set after charges against him were dropped due to new evidence suggesting the gun had been modified. Prosecutors could still file charges, and Baldwin faces civil suits. The armorer faces involuntary manslaughter charges, while the assistant director has taken a plea deal.
Rephrasing Using Employment Law
a. The company had problems after implementing general layoffs without proper notice to the employees.
The company faced issues after executing a mass redundancy without prior notification to the employees.
b. She presented a formal complaint of bullying against her supervisor, citing multiple instances of inappropriate behavior.
She filed a grievance alleging harassment by her supervisor, referencing several incidents of improper conduct.
c. Bosses have a responsibility to ensure a safe and healthy work environment for all their workers.
Employers are obliged to guarantee a safe and healthy workplace for all employees.
d. The farmer accused the hikers of intrusion after they were found camping on his private property without permission.
The farmer filed a claim of trespass against the hikers who were discovered camping on his property unlawfully.
Types of Dismissal in Employment
a. “I was let go because the company was downsizing.”
Type of dismissal: Redundancy dismissal
b. “I decided to leave my job for a better opportunity.”
Type of dismissal: Voluntary resignation
c. “I was fired without any valid reason or proper procedure.”
Type of dismissal: Unfair dismissal
Listening Section: Starbucks Case
Why was Shannon Phillips dismissed according to her lawsuit?
Answer: A) For failing to lead according to court filings
What was the outcome of Shannon Phillips’ lawsuit against Starbucks?
Answer: B) She won more than $25 million in damages
What action did Starbucks take in response to the incident involving Rashon Nelson and Donte Robinson?
Answer: D) Both A and C
Writing: Advice for Alec Baldwin
Mr. Baldwin, considering the recent dismissal of involuntary manslaughter charges, I would recommend proceeding cautiously with defamation charges. It might be more strategic to focus on media outlets rather than the prosecutors, as media coverage could have caused reputational damage. Prosecuting for defamation would involve demonstrating that false statements were made with the intent to harm your reputation. In this case, a libel claim could be pursued if false information was published in written form. It’s crucial to note that public figures must prove actual malice, meaning the false claims were made with knowledge of their inaccuracy or with reckless disregard for the truth. Moreover, we could focus on holding media outlets liable for their potentially negligent reporting, especially if they falsely implicated Mr. Baldwin without considering the ongoing investigation.