Mod 2
TUI University
Brent J. Collins
MGT 412 Fall 2008
Module 02 Session Long Project
Core Professor: Dr. Peggy Swigart
Page 1
The topic I selected was Employment Law. And I chose this topic because this law protects others rights of employees. This law was passed to establish standards that employers must follow in providing benefits, such as Workers” Compensation. This law was mandated by law to protect employees if they become ill or injured while carrying out the duties of their job. I believe this very important for me because I’m going to retire and I want to own my own business some day, and this is a law I should be very knowledgeable about. Because in the military Workers’ Compensation doesn’t exist.
The first, case I chose was Trosper v. Bag ‘N Save.
An employee of Bag ‘N Save name Kimberlee Trosper suffered a work-related injury
and she file a workers’ compensation claim, she was demoted from deli manager to deli
clerk and her pay decreased by $7,600 per year. She brought a lawsuit claiming that Bag
‘N Bag violated Nebraska public policy by demoting her in retaliation for filing a
workers’ compensation claim. The court held that exception to all-will employment,
which previously only included terminations, should be expanded to include the lesser
retaliatory act of demotion It reasoned that its decision was a natural expansion of its
prior 2003 decision and was necessary to protect employees; while demotion is less
severe than termination, it still has significant negative implications for the employee and
is substantial enough to deter the filing of a workers’ compensation claim.
This case would be related to the American Disabilities ACT which prohibits an
employer from discriminating against a qualified individual with a disability, including a
work-related disability. The employer is required to take affirmative steps to "reasonably
accommodate" an injured employee with a known...
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