Detention Center Blues

 

It is often said that without providing good leadership and role modeling, the best of management systems can fall apart. When leadership is corrupt, or feckless, even the best of employees lose faith in the management, and eventually, leave. Also without leadership, chaos can often ensue with employees who are left to manage themselves. This is one of those cases…
Amanda Motes worked for the Curry County Adult Detention Center as a booking specialist. She worked there for about five weeks when she was injured. At work, she was responsible for the “overall operation of the booking room and file room at the detention center.” All her direct supervisors and officials in her chain of command worked during the day. “[T]he most senior employees on duty at night were sergeants who worked in the detention chain of command.” The sergeants acted as supervisors for the junior employees from all departments.
Sergeant Jayson Cloud was a supervisory sergeant on the night shift. He had worked at the center for about three years. He had been disciplined a few times since he started at the center— “he had been counseled twice for use of obscene or abusive language toward inmates and staff, suspended for conduct unbecoming a county employee, counseled for overriding facility doors while inmates were present, and reprimanded for failing to report for shifts.” “Curry County . . . had promulgated and distributed a safety manual to all county employees, including those employed at the detention center. The manual prohibited horseplay by employees and advised that horseplay ‘may subject’ employees to disciplinary action at the discretion of department heads.” Both Motes and Cloud signed statements that they read and understood the manual.
There were frequent periods of downtime at night. Motes and Cloud had a pattern of interaction during the downtime. It was apparently lighthearted. Motes said that Cloud “made it his life goal to terrorize [her] at any given moment.” For example, they tried to mark each other with markers and spray each other with bug spray. Motes said she had told a supervisor that Cloud irritated her. “The supervisor . . . brushed her off, observing that ‘that was how [Cloud] was.’” Motes noticed other workers engaging in horseplay. The County representative denied being aware of the culture at the center.
One night, work was slow. Cloud and Motes tried to mark each other with markers. Cloud then pretended to spray her with bug spray. Motes chased after him. She tripped and broke her right ankle and fibula. The whole series of events took only a few minutes. Motes falsified the accident report and Cloud signed the report. The County reviewed the surveillance videos and realized that the report was false and fired both Cloud and Motes. (PLEASE SEE RESEARCH BELOW TO READ THE ENTIRE CASE.)

QUESTIONS FOR DISCUSSION:
1. Is this a case of Respondent Superior? Why or why not? Explain your answer.
2. Under the Common-Law Defenses Available to an Employer When Sued for Work-Related Injuries, what specific legal defense could the Curry County Adult Detention Center use in this case? Could there be more than one defense and why?

Sample Solution

aracterstics of Indonesia Workplace: In Indonesian workplace relationship between superiors and employees are of paternal and maternal nature. Employees believe on their managers and superiors so much that they think whatever they do will be good. They are too much satisfied with the working conditions, co-workers, supervisors and superiors. They hesitate to communicate bad news to the superiors, so the communication is very less in the Indonesia workplace (Wulandari, Pia & John 2011). But in the western workplace, relationship and work is kept aside, targets are communicated to the employees. Employers expect that employees should share their problems with them and also come to the employers for further improvements in the business. Communication should be open from both sides. Due to large number of industries in Indonesia, cases of accidents at the workplace also has increased due to the wrong level of the machines, now Indonesian firms and Governments are arranging the machines according to the male and female posture levels. They are doing so for the well-being, health and comfort of the employees (Sutalaksana & Widyanti 2016). Indonesia has ranked fourth in the consumption of the cigarettes and as it has bad effects on the health of the people, So the WHO Framework Convention on Tobacco Control has taken initiatives for the safeguard of the people by banning this in the workplace and public places and in transportation. This is done by passing various laws.(Byron et al. 2013)
Social Stratification: In nineteen centuries, people was divided into various status system on the basis of races in Java. But in twentieth century, due to the economic changes and upgrading of western education the status pattern largely altered. Now discarding racial distinctions, education created the new status system like class of intellectual and non-intellectuals. These new classes challenged the European superior descents and also threatened the nobility status of Indonesian group. People are also stratified on the basis of religion like Islam, Arab Saudi and Kafir (White man). In previous years the people born in the Indonesia tried to hide their nationality but now have higher rank than Indonesian European and Indonesian Chinese. In present, people of European and Dutch nationality are not able to get good jobs and compete in Indonesia because of loss of status but some totok European and Americans are able to get good job if they not come in the category of labour market. Whether Peasants come in the large majority of Indonesia but actually merchant, intellectual and non-intellectuals come in the higher status system in the Indonesia (Wertheim 1955). JBR (Jakarta Bandung region) has largest urban population that is about 26.5% of the total population and has new infrastructure due to largest investment by dom

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