Question: 1 The GDGS Corporation adopted an arbitration policy and announced

1. The GDGS Corporation adopted an arbitration policy and announced it to its employees via e-mail. The policy stated that arbitration was the exclusive means of resolving legal disputes between employees and the company. When Campbell, one of the employees of GDGS, was fired, he filed a lawsuit against the company despite the fact that he was aware of the policy. GDGS insisted that the case go to arbitration. Will Campbell be required to take his claim to arbitration, or can the case be heard by a court?
2. Dasey was employed as a state trooper by the Massachusetts Department of State Police. In his employment application, Dasey stated that he had not used illegal drugs during the previous five years. Later, during an unrelated homicide investigation, a videotape surfaced that depicted Dasey smoking marijuana. Dasey was fired for lying on his application. He filed a lawsuit alleging, among other things, that he had been denied his right to privacy. Has Dasey’s privacy been invaded, and will Dasey be successful in his lawsuit?
3. Wojewski, a cardiothoracic surgeon, became a member of the medical staff at Rapid City Regional Hospital. Wojewski’s staff status entitled him to admit patients, use the hospital’s facilities, and perform surgery. Wojewski could also use nurses to assist him in surgery. Wojewski leased separate office space and maintained his own staff, whom he hired and paid. Medical staff membership required Wojewski to provide appropriate patient care, abide by medical staff bylaws, prepare required medical records, abide by ethical principles, attend an orientation program, participate in continuing medical education, and schedule operating room time. Wojewski also agreed to take calls from the emergency room for heart- related emergencies. Wojewski billed his patients directly, and the patients remitted payments directly to him. The hospital did not issue a form W-2 or 1099 to Wojewski and did not pay his Social Security taxes or provide benefits, such as health and malpractice insurance. When Wojewski had a dispute with the hospital, he argued that he was afforded protection as an employee. Does Wojewski hold the legal status of an employee?

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  • CreatedOctober 01, 2015
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