Employer †Employee Relationship Essay Example for Free

Employer – Employee Relationship Essay Little Lamb Company needs an additional programmer for a special project. The company enters into a contract with Mary to complete this project. Just as the project is nearing completion, initially an independent contractor as she had a high degree of control over how the work is accomplished, and enters into a contract with the company a new need arises for her services. She is asked to continue with the company to complete the new project. While completing the new project, the supervisor begins working more closely with Mary and requires her to use company materials and equipment while adhering to company work schedules. Mary seems to be moving toward an at-will employee position, because she appears to have less control over how the work is accomplished as she will probably have to answer to the supervisor, and using the companies materials and equipment and adhering to the company work schedules. After two years suggests at-will employee because of the length of time being 2 years, economic conditions force the company to make budget cuts. Mary is asked to leave as an employee, as she is obviously no longer working as an independent contractor, when asked to leave the company. Thirty days later, a major contract is acquired by the company, which reinstates the need for Marys services as a programmer. However, the supervisor chooses to hire his equally-qualified cousin and not offer Mary the opportunity to return. The use of word hire implied that Mary had been an employee and not an independent contractor. Is Mary an independent contractor or an employee? Describe the factors that led to your determination. There are several criteria to determine if Mary is a contractor or an employee. For example, one critical aspect to distinguish an independent contractor from an employee is the degree of control over how the work is accomplished. Initially Mary seemed to have more control than she did at the end, so it seems that she moved from being a independent contractor at the beginning to an employee over time. However, there are many factors to consider in making a determination as to whether a worker is an independent contractor or an employee. Some of these criteria include:†¢Whether a distinct occupation or business is  being performed; e.g. programmer, so initially Mary was contracted as an independent contractor for a specific project. †¢The amount of supervision over the means by which the work is performed; e.g. the supervisor begins working more closely with Mary and requires her to use company materials and equipment while adhering to company work schedules implies a move away from independent contractor towards an at will employee. †¢The degree of skill required to perform the work; e.g., programmer equally-qualified cousin†¢Who provides the tools used to perform the work, and, e.g., requires her to use company materials and equipment while adhering to company work schedules and therefore moving towards being an at-will employee†¢The place where the work is done; e.g. Mary is working in the office, the supervisor begins working more closely with Mary and requires her to use company materials and equipment while adhering to company work schedules suggesting an at-will employee position. Has the employer/employee relationship changed over the course of time? If so, how?As mentioned above, it did seem to change over time. It seems that initially, Mary could be considered an independent contractor because Little Lamb Company needs an additional programmer for a special project and Mary entered into a contract with the company. However, Mary was later asked to stay on and began working close to the supervisor, who expected Mary to used the company materials and equipment, to follow the company work schedule, and was terminated at will when economic conditions demanded. Thus, Mary seemed to move from an independent contractor to an at-will employee. 3) Was Marys release legal under the doctrine of employment-at-will? Why or why not?This is murky water and it depends. If Mary had moved into an at will employee, then the doctrine of employment-at-will allows her employee to let her go without reason (however, they initially had a contract, which we look at in the next part of this question below). In the scenario, it says Mary enters into a contract for the first project, however, makes no  mention of a contract when she is asked to stay on (however, sometimes contracts are implied). For example, in most states of the United States all employees are considered at will employees. That means that the employer can terminate or change the employment relationship at will, unless there is a contract with the employer. In general, an employer can fire an at will employee, or change the employees position or compensation with no notice and no reason. Likewise, the employee can terminate his employment at will without notice or reason. However, there are three possible legitimated reasons employee can challenge a wrongful termination:If not, which of the following exceptions to employment-at-will have been violated? Why?a) Breach of public policy (Perhaps) Values, principles and basic rules that the courts and legislatures consider to be in the best interest of individuals and the general public. Employer violations of specific labor and employment laws might be called violations of public policy, instead of or in addition to violations of the specific laws. That is because it is in the best interest of all workers that all employers obey such laws. Public policy may be written or implied, and varies among states and municipalities. Consequently, whether or not an employer has violated public policy is often a matter of interpretation by a court or arbitrator (i.e., hired cousin instead of having Mary return). b) Breach of implied covenant of good faith and fair dealing. Probably not, because it is dealing with contracts and the question is dealing with at-will exceptions. c) Breach of implied contract (this is a possibility). Why? For example, in a contract between the employer and the employee, even in the absence of a formal written employment agreement. For example, language in an employee handbook may promise all layoffs are based on seniority or we give employees at least 2 weeks notice of all layoffs. Therefore, if Mary thins she is wrongfully terminated, as an employee; she can challenge a wrongful termination for these legitimate reasons

Esophagram Barium Swallow Analysis

Esophagram Barium Swallow Analysis Two common radiographic procedures of the upper GI system involving the administration of contrast media are the esophagram, or barium swallow, as it is sometimes referred to, and the upper GI series. Each of these procedures is described in detail, beginning with the esophagram. This examination is used for the patient who have high dysphagia or definite oesophageal symptoms, or have quite often had a normal OGD but are still symptomatic, quite often a motility disorder may be the cause. Esophagram or barium swallow, is the common radiographic procedure or examination of the pharynx and esophagus, utilizing radiopaque contrast medium may be used. The purpose of an esophagram is to study radiographically the form and function of the swallowing aspects of the pharynx and esophagus. No major contraindications exist for esophagrams except possible sensitivity to the contrast media used. the technologist should determine whether the patient has a history of sensitivity to barium sulfate or water soluble contrast media. Known aspiration during ingestion (although this can be overcome by using non-ionic water soluble contrast). The contrast agent for barium swallow is barium sulphate suspension 250% w/v or water soluble contrast medium. Barium sulphate are, high atomic number, not soluble in water, used to coat the lining of organs, supplied in different thicknesses. Used in esophogram, UGI, Small Bowel, Lower GI or BE. History of barium sulphate is starting with, lead substrate-toxic, bismuth subnitrate-toxic, thorium-radioactive, barium sulphte-inert(goes in and comes out the same not absorbed). Barium sulphate mixture are contraindicated if any chance exists that the mixture might escape into the peritoneal cavity. This escape may occur through a perforated viscus or during surgery that follos the radiographic procedure. in either of these two cases, water soluble, iodinated contrast media should be used. Two example of this type gastrografin and Gastroview. Both of these water soluble contrast agent can be easily removed by aspiration before or during surgery. if any of this water-soluble material escape into the peritoneal cavity, the body can readily absorb it. Barium sulfate, on the other hand, is not absorbed. One drawnback to the water soluble materials is their bitter taste. Although these iodinated contrast media sometimes are mixed w ith carbonated soft drinks to mask the taste, they often are used as is or diluted with water. The patient should be forewarned that the taste may be slightly bitter. The technologist should be aware that water soluble contrast agents travel through the GI tract faster than barium sulfate. The shorter transit time of water soluble contrast agents should be kept in mind if delayed images of the stomach of duodenum are ordered. If there is any query that the patient may aspirate, the initial swallow is best carried out using a water-soluble contrast medium, although aspiration of barium has been considered by some to be relatively harmless. Aspiration may not be suspected but unsuspected silent aspiration may be found. The more common pathologic indications for an esophagram procedure suchas, achalasia also term cardiospasm, is a motor disorder of the oesophagus in which peristalsis is reduced along the distal two thirds of the esophagus. Achalasia is evident at the esophagogastric s phincter because of its inability to relax during swallowing. The thoracic esophagus may also lose its normal peristaltic activity become dilated (megaesophagus). Video and rapid digital fluoroscopies are most helpful in diagnosis of achalasia. Anatomic anomalies may be congenital or caused by disease, such as cancer of the esophagus. Patients suffering from a stroke often develop impaired swallowing mechanisms. certain foods and contrast agents are administered during the examination to evaluate swallowing patterns. A speech pathologist may witness the study to better understand the speech swallowing patterns of the patients. Video and digital fluoroscopy are used during these studies. Barretts esophagus, or barrette syndrome, is the replacement of the normal squamos epithelium with columnar-lined epithelium ulcer tissue in the lower oesophagus. This replacement may produce a structure of the distal oesophagus. In advanced cases, the development of a peptic ulcer in the distal esop hagus may occurs. The esophagram may demonstrate subtle tissue change in the esophagus, but nuclear medicine is the modality of choice for this condition. the patient is injected with technetium 99m pertechnetate to demonstrate the shift in tissue types in the esophagus. Carcinoma of the oesophagus includes one of the most common malignancies of the oesophagus, adenocarcinoma. advanced symptoms include dysphagia (difficulty in swallowing) and localized pain during meals and bleeding. Other tumors of the oesophagus include carcinosarcoma, which often produces a large, irregular polyp, and pseudocarcinoma. Dysphagia is difficulty in swallowing. This difficulty may be due to a congenital or acquired condition, a trapped bolus of food, paralysis of the pharyngeal or esophageal muscle, or inflammation. Narrowing or an enlarged, flaccid appearance of the esophagus may be seen during the esophagram, depending on the cause of the dysphagia. Video and digital fluoroscopy are the modalities of choice. Esophagram and endoscopy are performed to detect these tumors. The esophagram may demonstrate atropic changes in the mucosa due to the invasion of the tumor as well as stricture. Because the esophagus is empty most of the time, patients need no preparation for an esophagram only, all clothing and anything metallic between the mouth and the waist should be removed, and the patient should wear a hospital gown. Before the fluoroscopic procedure a pertinent history should be taken and the examination carefully explained to the patient. The first part of an esophagrams involves fluoroscopy with a positive-contrast medium. The examination room should be clean, tidy and appropriately stocked before the patient is escorted to the room. The appropriate amount and type of contrast medium should be ready. esophagrams generally use both thin and thick barium. Additional items useful in the detection of a radiolucent foreign body are cotton balls soaked in thin barium, barium pills or gelatine capsules filled with BaSO4, marshmallows. After swallowing any one of these three substance, the patient is asked to swallow an additional thin barium mixture, because the esophagram begins with the table in the vertical position, the footboard should be in place and tested for security. lead aprons, compression paddle, and lead gloves should be provided for the radiologist, as well as aprons for all other personnel in the room. proper radiation methods must be observed at all times during fluoroscopy. With the room prepared and the patient ready, the patient and radiologist are introduced and the patientis history and the reason for the exam discussed. The fluoroscopic examination usually begins with the general survey of the patients chest, including heart, lungs and diaphragm, and the abdomen. During fluoroscopy, the technologists duties, in general, are to follow the radiologists instructions, assist the patient as needed, and expedite the procedure in any manner possible, because the examination is begun in the upright or erect position, a cup of thin barium is placed in the patients left hand close to the left shoulder. The patient then is instructed to follow the radiologists instructions concerning how much to drink and when. The radiologist observes the flow of barium with the fluoroscope. Swallowing (deglutition) of thin barium is observed with the patient in various positions. Similar positions may be used while the patient swallows thick barium. The used of thick barium allows better visualization of mucosal patterns and lesion within the esophagus. The type of barium mixture to be used, however is determined by the radiologist. After the upright studies, horizontal and trendelenburg positions with thick and thin barium may follow. The pharynx and cervical esophag us are usually studied fluoroscopically with the spot films, whereas the main portion of the esophagus down to the stomach is studied both with fluoroscopy and with post fluoroscopy overhaed radiograph. the diagnosis of possible esophageal reflux or regurgitation or gastric contents may occur during fluoroscopy or an esophagram. One or more of the following procedures may be performed to detect esophageal reflux. First, breathing exercise the various breathing exercises are all designed to increase both the intrathoracic and the intraabdominal pressures. The most common breathing exercise in the valsalva maneuver. The patient is asked to take a deep breath and, while holding the breath in, to bear down as though trying to move the bowels. This maneuver forces air against the closed glottis.  A modified valsalva maneuver is accomplished as the patient pinches off the nose, closes the mouth, and tries to blow the nose. The checks should expand outward as though the patient were blow ing up a balloon. A Mueller manoeuvre can also be performed as the patient exhaled and then tries to inhale against a closed glottis. With both methods, the increase of intraabdominal pressure may produced the reflux of ingested barium that would confirm the presence of esophageal reflux. The radiologist carefully observes the esophagogastric junction during these manoeuvres. Second is water test that done with the patient in the supine position and turned up slightly on the left side. This slightly LPO position fills the fundus with barium. The patients are asked to swallow a mouthful of water through a straw. Under fluoroscopy the radiologists closely observe the esophgogastric junction. A positive water test occurs when significant amounts of barium regurgitate into the esophagus from the stomach. A compression paddle can be placed under the patient in the prone position and inflated as needed to provide pressure to the stomach region. The radiologist can demonstrate the obscure esophagogastric jun ction during this process to detect possible esophageal reflux. The toe-touch manoeuvre is also performed to study possible regurgitation into the esophagus from the stomach. Under fluoroscopy the cardiac orifice is observed as the patient bends over and touches the toes. Esophageal reflux and hiatal hernias are sometimes demonstrated with the toe-touch manoeuvre. If the patient is a female, then a menstrual history must be obtained. Irradiation of an early pregnancy is one of the most hazardous situations in diagnostic radiography. X-ray examinations such as the upper GI series that include the pelvis and uterus in the primary beam and include fluoroscopy should only be done on a pregnant female when absolutely necessary. In general, abdominal radiographs of a known pregnancy should be delayed at least until the third trimester or, if patients condition allows (as determined by the physician), until after the pregnancy. This waiting period is especially important if fluoroscopy, which greatly increase patient exposure is involved. Potential difficulties that may arise out of a Barium Swallow is discomfort of air insufflation. Poor tolerance of swallowed gas mixture can make for poor stomach and oesophageal distension. Where buscopam injection is used to relax bowel for better pictures, patients may experience some blurring of vision.  Tendency  of barium to cause constipation in the days following the procedure. Need for an interpreter in non-English speaking patients. Disadvantages of Barium Swallow Useful for functional assessment allows the assessment of motility, reflux and distension. In comparison to gastroscopy, barium swallow is safer. Available resource. It is difficult to compare costs between barium studies and endoscopy and they may be of comparable costs. However is some centres barium studies are much more accessible to GPs and may be arranged with much less delay for the patient than gastroscopy. Not as comprehensive or accurate method for diagnosis of some conditions in comparison to gastroscopy. Not able to take samples or provide treatment as part of the procedure. Radiation exposure. Dose is 2 3 millisieverts compared with chest film 0.06 millisieverts and background radiation of 2millisieverts per year. Users of ionising radiation are required to inform all women of child bearing age about the risks of radiation in pregnancy. Pregnancy is a relative contraindication to the use of radiation but generally in the context of the barium enema the urgency is such that can delay or choose alternative investigation.

Most Despicable Character in Glengarry Glen Ross, by David Mamet :: Glengarry Glen Ross

The definition of a despicable character is someone who is so worthless or obnoxious as to rouse moral indignation. This definitely fits the description of some of the characters in the play Glengarry Glen Ross, by David Mamet.   Ã‚  Ã‚  Ã‚  Ã‚  Glengarry Glen Ross is a play about real estate salesmen who are basically conmen that always just work toward getting the deal closed, whether or not the customer is happy with the deal. They fit the stereotype of car salesmen, always trying to get the deal closed with the customer walking away feeling that they paid way too much. Dave Moss is one such salesman, except that he is the most despicable among the entire group. In a scene of the play this guy actually has the guts to try to blackmail one of his fellow salesmen; a fellow friend. The conversation starts out as would any among friends, bsing about work or not getting paid enough. Then Dave slowly introduces the topic that their bosses are greedy and selfish, to plant the seed of distrust. They talk about this for a bit but then get around to what â€Å"somebody should do.† Dave says that â€Å"someone† should pay them back, and this leads into robbing the office. He talks about the logistic s of this, that they would get a dollar fifty for each lead and such, but disarms the tense situation, saying that we were just â€Å"talking† about it. But he slowly leads into that he is actually planning on it, and wants Aaronow in on it. He then says that if he does it and Aaronow isn’t in then he would call him as an accomplice, trying to manipulate him into helping; a fellow friend. The best part of this blackmail is that not only is he going to rob his workplace, he’s going to sell out to another team of salesmen.

The Communicable Disease: Pertussis Essay -- Health, Diseases, Whoopin

The Communicable Disease: Pertussis Pertussis is a highly infectious disease. It is also known as whooping cough. For more than a decade, pertussis has become a significant public health problem. CDC reports that since the 1980s, there has been an increase in the number of reported cases of pertussis in the United States (2011a). Worldwide, there are 30-50 million cases of pertussis and about 300,000 deaths per year (CDC, 2011a). Public Health Nurses play an important role in limiting the transmission during outbreaks by educating and ensuring appropriate treatments to the communities. Epidemiologic Triad Model Agent. The main biological pathogen that causes the Pertussis is Bordetella Pertussis. The agent is an aerobic gram-negative bacterium. Bordetella Pertussis attaches to and damages ciliated respiratory epithelium (Guinto-Ocampo, McNeil & Aronoff, 2010). The mechanism prevents cilia from capturing debris and interferes with the respiratory tract from clearing secretions. In addition to the adherence, Bordetella Pertussis releases toxin to stimulate the production of thick mucus which can obstruct the airway. Consequently, the body responds by coughing in order to clear the airway which releases the microorganism into the air. Host. Bordetella Pertussis affects only humans. No animal or insect source or vector is known to exist (CDC, 2011a). The mode of transmission is the respiratory route. The bacteria live in mouth, nose, and throat. An infected person spreads the disease to another person via airborne droplets of respiratory secretions. â€Å"Pertussis is especially contagious during the first week of illness but is easily transmitted during the period starting 7 days following exposure and for up to 3 we... ...evelop the symptoms suggesting the paroxysmal stage, the interventions are antibiotic and supportive treatments. San Diego Health Department can develop a standardized protocol for management of patients exposed to pertussis to all hospital settings (Haiduven, Hench, Simpkins & Stevens, 1998). According to the study, Barriers to Public Health Management, the results showed that there is often miscommunication among healthcare professionals since there was no clear and dependable ways to reach every health care worker (Wheeler, Tran, North, Beavers-May, Schutze & et. al., 2004). San Diego Health Department should send out a team of health department staff to be resources and collaborate with hospital staffs to ensure provision of adequate care. It is important to establish a clear communication between public health teams and local hospitals in the community.

Characterization In A Classic Novel Essay -- essays research papers

Characterization in a Classic Novel   Ã‚  Ã‚  Ã‚  Ã‚  Mary Shelly’s Frankenstein is the story of a scientist, Victor Frankenstein, and his quest to create life from death. Frankenstein’s experiment goes dreadfully wrong and he is forced to flee from the monster he created. Throughout this novel, Frankenstein is characterized by his extreme intelligence, skepticism and withdrawn behavior, and remorse.   Ã‚  Ã‚  Ã‚  Ã‚  In the beginning of this novel, it is clearly stated that Victor has a love for knowledge. â€Å"It was the secrets of heaven and earth that I desired to learn; and whether it was the outward nature and the mysterious soul of man that occupies me, still my inquiries were directed to the metaphysical, or in its highest sense, that physical secrets of the world,† (37). Victor is educated but self-taught in his favorite subjects. He begins reading books dealing only with science and describes himself as, â€Å"always having been imbued with a fervent longing to penetrate the secrets of nature,† (39). When Victor is old enough, he attends college in Ingolstadt. At Ingolstadt, Victor becomes interested in chemistry and the human body. Frankenstein decides to create a human being in hopes that he will be able to restore life to the dead.   Ã‚  Ã‚  Ã‚  Ã‚  It is apparent that Victor dislikes groups of people. During his childhood, he has one friend who remains close to him throughout his life. Instead of talking to his friend or family when...

First meeting Issues

In the first meeting of the Land Committee held on 22nd December, 2004 it was decided to hold public hearings with recognized political parties, civil society organizations and peoples? unions working on land issues of the poor to understand the various issues on land reforms. The Committee held public hearings in Hydrated, Wrangle, Vigilant and Atrophic. The visits to the districts and public meetings were followed by field visits to districts and villages to get a firsthand knowledge of the land issues affecting the poor.In an overwhelming response, political parties and civil society organizations attended all the public hearings and cutting across party lines, have demanded that land issues affecting the poor required immediate attention by the Government. Commissioning of Studies In order to understand the land issues in greater detail and also the relevance and use of the existing Revenue Acts, the committee has commissioned studies on various aspects of land issues by speciali sts and experts.Studies have been conducted on Board Standing Orders and Revenue Acts, Tribal land issues, issues of Tenancy, the phenomenon of absentee landlord's and that of plain paper transactions (Sad bambina transactions), functioning of the legal system and state of the endowment lands (Terms of References of the studies and consultants/consulting organizations conducting the study enclosed).Recommendations immediately operational in nature While commissioning the studies the Land Committee was very clear that recommendations evolving from the studies would not be theoretical in nature and focus shall be on operational issues. The Committee has tried its best to cover the important and pressing land issues. The recommendations of the committee while not exhaustive nevertheless cover substantial ground. Page 3 of 101 Land still the single most emotive issue in rural areas It has been the Committee?s experience that the issue of land continues to be the single most emotive issu e in the rural areas.

Internet and Our Social Life Essay

For a few decades now, the internet has been an important gear in the ticking clock we like to call everyday life. Its significance and usage is ever growing, as well as the number of areas in which it has crept in. The phenomenon that is the internet brought power at the click of a mouse, but as it goes with power, consequences are inevitable. The internet is, undoubtedly, the largest source of information today. It is also a practical tool for managing bank accounts, staying in touch with friends and communicating with people all over the world, with technology that enables you to simultaneously talk while looking at the person on screen and even hold video conferences. But practicality and availability of information are not the only things that attract internet users. In online social communities, forums and game rooms people are given the opportunity to be whoever they want to be. The internet gives us virtual clay which we can use to mold our identities in any way we want. Especially in game rooms, people tend to fantasize and invent characters in order to compensate for the lack of their own. That is how a regular John Doe can go to his boring work every morning, but come back home, turn his computer on and become Zyborg, the hero from outer space. The cyber space can be used as a resort when real life is difficult to deal with. For example, people with low self-esteem or people who lack social skills will probably find online chatting much easier than talking to the person face to face. Such use of internet can make one’s life more interesting or less stressful, but too much time and dedication to it can lead to serious social and psychological consequences. If a person spends too much time on the computer, with its virtual character and virtual friends, he develops a virtual life which he may prefer more than the real one. Consequently, even though he might feel satisfied and safe, he does more damage than good by neglecting some important parts of his regular life such as time with his family, health, responsibilities and productivity. Lately, a diagnosis called Internet addiction disorder has been introduced for people who are thought to spend too much time on the internet. This issue is facing its beginning and it i s still disputed whether it is a real disorder. But according to Dr. Maressa Orzack between 5% and 10% of internet users suffer some form of internet dependency and she lists withdrawal, loss of control, and compulsive behavior as some of the effects. Online dating sites, which people visit in order to find a partner for romantic or sexual relationship, have made courtship easier, but, paradoxically, there have been many cases in which the internet was the prime cause of ending a relationship, marriage or even filing lawsuits. With internet becoming more and more integrated into our lifestyles it is only normal that the effects, both positive and negative, be visible in all aspects of our lives, including socializing. It is nice to be able to see your sister who lives miles away smile for you on screen as if she were in the room with you, or exchange e-mails with a person who you normally wouldn’t have the courage to come up to, but it would be a scary thing if cafes would become empty and internet networks overloaded with Zyborgs.