For your initial response (your answer to my question) and all responsive posts (to classmates) must be between 150-300 words and include 1 textbook references (more details in the “Instructions” below).
Jane was employed by ABC Construction Company as a forklift operator. She noticed that the foreman was taking shortcuts on some of the trenching which caused a dangerous condition that could possibly cause injury to employees who were close to the area of the trench. Jane was not at risk of being hurt by the shortcut in the trenching operation. Jane refused to do the work because of her belief that the trenching work was not being done in a safe manner. Jane was told to punch out and go home. Jane would like to file a claim against her employer.
We will be conducting a classroom debate on this case. Presume you have been hired to represent either the Jane or ABC Construction in this case (students are assigned by their last name see below). Provide the class in your initial response a statement as to why your clients position is correct. For those representing ABC Construction, explain why the company was within its rights to send Jane home without pay. For those representing the employee Jane, explain why she is justified in refusing to do work in light of a dangerous condition on the worksite.
Make sure to support your position with legal concepts from Chapter 16 of the textbook which relates to the Occupational Safety and Health Act which guarantees employees a safe workplace and also offers whistleblower protection for employees (Bennett-Alexander & Hartman, 2015). Also, consider the concepts of employment at-will which is discussed in Chapter 2 (Bennett-Alexander & Hartman, 2015). Presume for this case study that Jane is not employed pursuant to a union contract or any other employment contract. If your last name begins with A-M, you represent the Jane in this case. If your last name begins with N-Z, you represent the employer (ABC Construction) in this case. After you post your initial post make sure to respond to the students on the opposing side of the debate to counter their position to earn full participation credit.