Davis v.The Board of county Commissioners of Dona Ana CountyCase
1. What was the legal issue in this case?
The legal issue in this case of Davis v.The Board of county Commissioners of Dona County was, Plaintiff Jacqueline (Davis) file a case against her employer The Board of County Commissioners of Dona Ana County. On February 27 ,2004 ,Davis [ a paralegal ] filed a lawsuit under the Federal Fair Labor Standards Acts (FLSA ).Claiming her employer failure to pay her for overtime work during lunch time and rest period and for other work exceeding eight hours a day and 40 hours a week as well as denial of rest and meal periods. On August 1, 2002, O’Melveny adopted and binding arbitration of most employment-related claims by and against its employees.
1. What was the legal issue in this case?
The legal issue in the case of Davis v. The Board of County Commissioners of Dona Ana County involved acts of ill-will which could have been avoided. While employed as a detention officer at the Dona Ana County Detention Center, Joseph Herrera was accused of unsuitable sexual behavior with female prison inmates and of exchanging favors for sex acts. Herrera’s supervisor, Frank Steele, investigated the charges and advised Herrera that he would be reprimanded. Herrera resigned to avoid disciplinary action. Six days later, Steele wrote a recommendation letter on Herrera’s behalf that portrayed him as an “excellent employee” and told prospective employers: “I am confident that you would find [Herrera] to be an excellent employee.” (Walsh, 2010, p.149). Also, constructive verbal references were made by another Detention Center supervisor. Plaintiff sued the County for negligent misrepresentation alleging that the misinformation provided by the Detention Center employees, Steele and Mochen, actually caused Herrera to be hired at MVH and Plaintiff to be assaulted. 2. Why does the court conclude that Dona Ana County could be held liable for negligent referral (misrepresentation)?
The court concludes that Dona
The legal issue in this case of Davis v.The Board of county Commissioners of Dona County was, Plaintiff Jacqueline (Davis) file a case against her employer The Board of County Commissioners of Dona Ana County. On February 27 ,2004 ,Davis [ a paralegal ] filed a lawsuit under the Federal Fair Labor Standards Acts (FLSA ).Claiming her employer failure to pay her for overtime work during lunch time and rest period and for other work exceeding eight hours a day and 40 hours a week as well as denial of rest and meal periods. On August 1, 2002, O’Melveny adopted and binding arbitration of most employment-related claims by and against its employees.
1. What was the legal issue in this case?
The legal issue in the case of Davis v. The Board of County Commissioners of Dona Ana County involved acts of ill-will which could have been avoided. While employed as a detention officer at the Dona Ana County Detention Center, Joseph Herrera was accused of unsuitable sexual behavior with female prison inmates and of exchanging favors for sex acts. Herrera’s supervisor, Frank Steele, investigated the charges and advised Herrera that he would be reprimanded. Herrera resigned to avoid disciplinary action. Six days later, Steele wrote a recommendation letter on Herrera’s behalf that portrayed him as an “excellent employee” and told prospective employers: “I am confident that you would find [Herrera] to be an excellent employee.” (Walsh, 2010, p.149). Also, constructive verbal references were made by another Detention Center supervisor. Plaintiff sued the County for negligent misrepresentation alleging that the misinformation provided by the Detention Center employees, Steele and Mochen, actually caused Herrera to be hired at MVH and Plaintiff to be assaulted. 2. Why does the court conclude that Dona Ana County could be held liable for negligent referral (misrepresentation)?
The court concludes that Dona