Country blues Essay Example for Free

Country blues Essay Blues evolved from an unaccompanied vocal music and oral tradition of African-American slaves and rural blacks in to a wide variety of styles and subgenres with regional variations across United States and later Europe and Africa. The musical forms and styles arose in the same region during the nineteenth century in the southern United States The country blues has been given several names such as folk blues, rural blues, backwoods blues, or down home blues. Blues is a choral and instrumental form of composition which is based on the use of the blue notes. This style originated in the Africa – American (Black Americans) communities of the United States. This kind of music transverse wide range of emotions and musical style . feeling blue is expressed in songs whose verses laments injustice or express longing for better life lost loves, jobs, and money. The central concept of blues performance is to be able to enable one to overcome sadness and lose the blues. Historically, the blues’ popularity coincides with the rise of the commercial recording industry, the introduction of race records aimed at black record –buyers after the year 1920, and the emigration of the black- Americans from the rural south to the modern urban North. (Philip, 1999) The country blues is usually considered to be an earlier form of the genre was first record in the mid-1920s . to day, there are several regional styles of country blues, which includes delta blues from the Mississippi delta. Texas blues and piedmont blues from the southeast . originally, country blues was usually recorded by a single singer, accompanied on the guitar or piano, with perhaps an accompanying harmonica, simple percussion. Starting year of 1930s, blues musicians fell under the influence of the urban cultures thus including the music and jazz. After the Second World War, the instruments were improvised hence electrified one were now in use . these included saxophones and amplified harmonicas. Especially in Chicago which is a prominent centre of blues recording Country blues were constructed from a much more diverse fluid musical field participated in by black and some white people. The use of blue notes and the performance of call-and response pattern in the music and lyrics art h indicators of African influences. The blues influenced the Americans and westerns popular music and then become integrated n to the genre of jazz, bluegrass, rhythm and blues, rock and roll, hip- hop and other popular music form. There are a few characteristics common to all blues due to the integration of other forms of music . some of the characteristic that were present long before the creation of the modern blues are cal –and response shouts which were functional expression. This was heard in slave fields shout sand holler, expanded into simple solo song laden with emotional content. The blues is nowadays known and seen musical style for both Europeans harmonic structure and the West Africa. Call-and responds tradition, transformed into interplay of voice and guitar. (Philip, 1999) The diddled bow ,which is a homemade one- stringed instrument was found in parts of America south in the early twenties century and Are African derived instrument that has assisted in the transferring of African performance techniques into the early blues instrumental vocabulary. also in the continued development of the blues music ,they adopted elements from Ethiopian and negro, including instrumental and harmonic accompaniment . he blues were loosely relate to ragtime but they preserved better the original melodic pattern of African music. ’ blues songs nowadays show many different structures which are based on tonic dominant chords and subdominant chords. These are all common in music the standard 12-bars is now recognized and documented form of blues from oral history and sheet music in African American communities through region along the lower Mississippi river. Original lyric form if blues was a single line repeated four times. The current most common structure is the repetition off one line once and this is followed by a single line conclusion. Early blues often were in the form of lose narrative where the singer expressed his or her personal woes in a world of harsh reality like a lost love, the cruelty of police officers, oppression at the hands of white folk, and hard times therefore the most oldest blues are records of gritty realistic information’s as it is in contrast with much popular music recorded at the time. Studies shows that the origin of blues spirituals was inside the exposure of slaves to their whites hence gospels origination. (Tony, 2004) The development of the blues was also triggered by the acculturation of the ex-slave population there was however ,essential africannesss in many aspects of the blues expression the social economic reasons for the appearance of the blues is that there was a transition from the slavery to sharecropping ,small-scale agricultural production and the blues have acted as a source of encouragement to them through the relief of third burdens through the interest that other communities have development, they get encourage to be the pioneers of impacting and framed kid f music thus they used in themes way in advertisements. The early 1900s development from group performance to more individualized style was associated with the newly acquired freedom of the enslaved people and again there was, according to Lawrence, there was a direct relationship between the national ideological emphases upon the individual teaching. Such developments were increased due to high perfumers had brought African-American music to new audiences both within the u. s and abroad. Great performers’ in19960s like John Lee Hooker continued to perform at enthusiastic audiences thus inspiring new artists in the traditional blues. Many compilations of classical prewar blues were published and together with music festivals, these brought blues to new audiences. White audiences’ interest in the blues also increased due to Chicago based movement in 1980s, blues to The resent both traditional and new genres are still being popular blue styles forms ,melodies and the blues scale have given a profound impact to the black community and the world ethnic groups as whole . First, these blue musical styles, forms and melodies have influenced many other genres of music. their scale has been everywhere in the popular music forms and informs many modal frames especially the ladder of the thirds used in the music . blues are also used by the community to pass their message to oppressors which I believed has lead the release of slave and the total banning of slavery and racism in the United State. (Davis, 1995) The most important direct predecessor of the blues was the spiritual, a form of religious song with its roots in the camp meeting of the great awakening of the early 19th century. So blues songs Spirituals were passionate song forms, which convey to listeners the same feeling of rootless ness and misery as the blues. This acts as a reminder of there past historical events hence their pasts grieves, . i. e. , Spirituals, however, were less specifically concerning the performer, instead about the general loneliness of mankind, and were more figurative than direct in their lyrics. Despite the earlier differences of the African- Americans and the Americans races have been brought together to interact by the interesting blues music. Blues have played important role of bring unity between the two enemies. The blues form styles acts as way of maintaining the vulture of Africans. This is evidence from the past records which still are much thrilling to many musicians. Though the different forms of blues are similar enough that they can not be easily separated many spirituals would probably have been called blues had that word been in wide use at the time. The social and economic reasons for the appearance of the blues are also important factors. This is because they brought a change in the economic development through the emergence of publishing industry. Blues has evolved from an unaccompanied vocal. Music of poor black laborers into a wide variety of styles and subgenres, with regional variations across the United States and this has been commercialized. (Davis, 1995) References Davis, F. (1995): the History of the Blues. New York: Hyperion Garofalo, R. (1997): Rockin Out: Popular Music in the USA. Allyn Bacon Lawrence W. L. (1977): Black Culture and Black Consciousness: Afro-American Folk Thought from Slavery to Freedom, Oxford University Press Philip, V. B. (1999): Immigrant, folk, and regional music in the twentieth century, in The Cambridge History of American Music, ed. David Nicholls Cambridge University Press Tony, B. (2004): Afro-Blue: Improvisations in African American Poetry and Culture University of Illinois Press

Custom Essays: Ophelia as a Sexual Being -- GCSE English Literature Cou

Ophelia as a Sexual Being in Hamlet      Ã‚  Ã‚  Ã‚   In Elaine Showalter's essay, "feminist criticism allows Ophelia to upstage Hamlet [and] . . . brings to the foreground . . . the cultural links between femininity, [and] female sexuality" (221). In most of his plays, William Shakespeare has many women in secondary roles, only filling dead space or causing strife between men. During Shakespeare's time, thoughts of women bordered on weak and deceitful images, leading to the idea of frail, yet conniving creatures. In Hamlet, the character Ophelia uses her sexual prowess as a source of power when dealing with the opposite sex. As she weaves her way through the background of the play, she affects the men greatly to become a main focus when critiquing the literary work. Interpretations of Ophelia vary based on the experts' view of sexual importance. The influence she has over Hamlet's emotions and desires affects the outcome of their faltering relationship and Hamlet's sanity. Viewing Ophelia as a sexual being, one can sur mise that she embodies the very essence of female sexuality. Kenneth Branagh's 1996 film version of Hamlet portrays Ophelia as a siren: natural, beautiful, and the perfect object of male desire. In Elaine Showalter's essay and Kenneth Branagh's film, the representation of Ophelia gives strong evidence regarding the sexuality Ophelia emanates and her effect on the men surrounding her despite her five short scenes in the play. Ophelia's overzealous sexuality, uncommon in those "moral" days, constitutes an image of madness and impropriety ending in her tragic death by her own hand.    With the strong sexuality Ophelia radiates, even her brother Laertes cannot resist her charms. Speaking with Ophelia, Laertes warns h... ...h her fire and passion. William Shakespeare produces this female character, which becomes the most important heroine in all of his literary works. As a symbol for women everywhere, Ophelia depicts the importance of using the power one has to make a difference in one's own life.      Works Cited Hamlet. Dir. Kenneth Barnagh. Perf. Kenneth Branagh, Kate Winslet, Brian Blessed, Richard Briars, Julie Christie, Billy Crystal, Derek Jacobi, Michael Maloney. Castle Rock, 1996. Showalter, Elaine. "Representing Ophelia: Women, Madness, and the Responsibilities of Feminist Criticism." Hamlet. Ed. Susanne L. Wofford. Boston: Bedford Books of St. Martin's Press, 1994. 220-238. Wofford, Susanne L., ed. Case Studies in Contemporary Criticism, William Shakespeare: The Tragedy of Hamlet, Prince of Denmark. Boston: Bedford Books of St. Martin's Press, 1994.   

Breach of Employment Contract Essay

The case involves a claim that Baril, the appellant, was dismissed by Aiken Regional Medical Centers, the Hospital where she previously worked, and such dismissal constitutes a breach of the employment contract between Baril and the Hospital. The contract the parties were referring to was the â€Å"Associate Handbook† she received from the Hospital, which contained the personnel polices of the Hospital that governed her employment. Baril was terminated for making a call through the Hospital’s toll-free number, as a result of which he was deemed to have committed a violation of the Hospital’s rules and policies, which merited her immediate termination. Baril argues that the Hospital itself breached the employment contract by unjustly terminating her employment. The Court of Appeals of South Carolina began its discussion by stating that the general rule on employment contracts is that contracts of employment are â€Å"at-will† contracts. This means that the contract is terminable at the pleasure of either party, at any time, regardless of the existence or non-existence of a justifiable ground for the termination. However, the existence of an employee handbook is recognized as an exemption to the general rule. Such a handbook may create an employment contract, depending on the terms stated therein. Where the handbook contains ambiguous clauses such as disclaimers, the issue of whether it could constitute an employment contract has to be determined by a jury, and not by summary judgment. The court noted that while the handbook explicitly states that it does not change the nature of the employment contract as an at-will contract, it does provide strict procedures to be followed in disciplinary cases such as the one where Baril is concerned. Thus, the Hospital’s procedures and practices give rise to more than one reasonable inference concerning the creation of an employment contract. Concomitantly, we find the trial court erred in granting summary judgment on the issue of whether Hospital’s policies found in its employee handbook, amendments, and actual practices created an employment contract between Baril and Hospital. The court also determined that the employment contract established by the Hospital’s practices and procedures requires that there be an existing just cause for termination. The criterion for determining justness in the termination of Baril’s employment rests on the existence of a â€Å"reasonable good faith belief that sufficient cause existed for termination. † Weighing the arguments of both Baril and the Hospital, the court concluded that reasonable minds could differ as to the whether there was good or bad faith in the Hospital’s termination of Baril’s employment. Therefore, the case could not have been settled using the rules on summary judgment. Attached: Case: http://www. sccourts. org/opinions/HTMLfiles/COA/3561. htm THE STATE OF SOUTH CAROLINA In The Court of Appeals Marolyn L. Baril, Appellant, v. Aiken Regional Medical Centers, Respondent. Appeal From Aiken County Rodney A. Peeples, Circuit Court Judge Opinion No. 3561 Heard October 8, 2002 – Filed October 28, 2002 REVERSED and REMANDED Herbert W. Louthian, Sr. , and Deborah R. J. Shupe, both of Columbia, for Appellant. Richard J. Morgan and Reginald W. Belcher, both of Columbia, for Respondent. ANDERSON, J. : Marolyn L. Baril appeals the Circuit Court’s order granting summary judgment to Aiken Regional Medical Centers (Hospital) on Baril’s action for breach of employment contract. We reverse and remand. FACTS/PROCEDURAL BACKGROUND Baril joined Hospital’s nursing staff in 1986. She earned a master’s degree in nursing administration from the University of South Carolina in 1990. The following year, Baril was named director of Hospital’s emergency department. Baril resigned from that position for personal reasons in 1992, but continued as a staff nurse in the emergency department. Holly Martinez de Andino eventually succeeded Baril as director of Hospital’s emergency department. John Arnold [1] and Martinez de Andino indirectly supervised Baril. In early 1993, Baril began teaching nursing classes on a part-time basis at the University of South Carolina’s Aiken campus (USC-Aiken). She joined the faculty on a full-time basis later that year. Baril received an â€Å"Associate Handbook† from Hospital in May of 1997. She signed an acknowledgment form provided by Hospital, indicating she would familiarize herself with the handbook and that she understood the handbook â€Å"constitute[d] the personnel policies of [Hospital] and that [she was] governed by them. † The handbook and acknowledgment form contained disclaimer language: Please Read! Important Employment Information The information contained in this booklet is designed to serve only as a reference to Aiken Regional Medical Centers policies and procedures. Aiken Regional Medical Centers reserves the right to amend this guide as necessary at any time, with or without prior notice. Current hospital policies and procedures will apply in all cases. Please remember that this booklet does not constitute a contract between you and Aiken Regional Medical Centers. Employment at Aiken Regional Medical Centers is on a voluntary basis and either you or the Facility may terminate this employment relationship at any time with or without reason or prior notice. No associate of Aiken Regional Medical Centers has the right to make verbal promises or commitments which may create a contract and thereby alter the â€Å"employment at will† relationship. (Emphasis added). Additionally, the handbook’s â€Å"Recruiting and Hiring† section included similar language: In no event shall a hiring of an associate be considered as creating a contractual [re]lationship between the associate and the Facility; and, unless otherwise provided in writing, such relationship shall be defined as â€Å"employment at will,† where either party may dissolve the relationship. (Emphasis added). However, the acknowledgment form states that â€Å"the information in [the] handbook is subject to change/revision† and â€Å"any change will be communicated through the usual channels. † The handbook incorporated a detailed, progressive disciplinary procedure. Two categories of offenses were specifically identified. The categories were bifurcated: (1) actions meriting immediate termination; and (2) actions warranting termination for continuous violations. In July of 1998, Martinez de Andino disciplined Baril for allegedly slamming a door in Arnold’s face and disagreeing with Hospital’s management regarding a management issue. [2] Baril was first suspended and later given a â€Å"final† written warning. Yet, the handbook’s procedure mandated use of a â€Å"final† written warning only after two previous warnings. Baril had not previously been warned or disciplined. Baril asked Hospital to change her work status from full-time to part-time in November 1998. She continued to teach full-time at USC-Aiken. Baril initiated a grievance pursuant to Hospital policy. Hospital’s chief executive officer, Richard H. Satcher, investigated Baril’s complaint and found sufficient cause to purge the disciplinary action from Baril’s employment file. As a condition to purging her employment file, Satcher required Baril and Martinez de Andino to meet with Hospital’s director of human resources, Richard Lowe, and director of nursing, Mary Ann Angle. The purpose of the meeting was to â€Å"clarify understandings and expectations† regarding Baril and Martinez de Andino’s working relationship. In January of 1999, Baril met with Martinez de Andino, Lowe, and Angle to discuss problems between Baril and Martinez de Andino. During the meeting, Baril expressed concern that Martinez de Andino had targeted Baril for termination which Martinez de Andino intended to accomplish using the disciplinary procedure. Lowe responded that Hospital had updated pertinent portions of its employee handbook to prevent the disciplinary procedure from being abused to eliminate employees and to ensure that it would only be used to positively impact its employees. Lowe delivered a copy of the new policy to Baril. Regarding its purpose, the policy stated: To set standard operating procedures in order to ensure that all associates are fully aware of the conduct expected of them. This policy will also ensure fair and consistent treatment to associates if violations of these standards of conduct occur. This policy is based on the concept of increased severity in disciplining associates who repeatedly violate hospital rules while performing work for the hospital or while on hospital premises. Written counselings are given for initial, minor infractions of rules; if the infractions continue harsher discipline is enforced. However, situations which are so serious that they require immediate stern disciplinary action will not follow a progressive concept. [Hospital] reserves the right to administer disciplinary action as it deems appropriate for the circumstances involved. (Emphasis added). The new policy provided: â€Å"Discipline is an instrument for changing unacceptable performance or behavior, and for providing motivation and encouragement for disciplined associates. † The new policy described four general categories of disciplinary offenses, ranging in degree of seriousness from greatest (critical offenses) to least (minor offenses). The category of â€Å"critical offenses† included actions that constituted â€Å"serious violations of rules or associate misconduct which justify immediate termination without regard to the associate’s length of service or prior conduct. † The new policy contained various examples of critical offenses. It specified in section 2. 2. 2 of HR116 that actions of â€Å"[d]ishonesty, fraud, theft (regardless of the amount), [or] unauthorized removal of hospital property† were examples of critical offenses. At the end of the meeting, Baril and Martinez de Andino signed a document identifying â€Å"expectations† concerning Baril’s and Hospital’s obligations to each other. The details of the document consisted of expectations related to performance and communications. On July 6, 1999, Baril suffered injuries when a cabinet fell on her while at work. She immediately sought treatment for injuries involving muscle strain, subperiosteal hematoma, and an impinged nerve. Baril filed an accident report and claim for Workers’ Compensation benefits at the time of the accident. Four days after her accident, on July 10, 1999, Baril traveled to Tacoma, Washington, for a vacation. When Baril arrived, she received a telephone message indicating Hospital called her sister in an effort to contact Baril. In response, Baril called Hospital on its toll-free number and asked to speak to someone in her department. After a brief conversation with a coworker, Baril asked the coworker to transfer her call to her sister’s home in Aiken. Baril informed her sister that she had arrived in Washington safely, and asked why Hospital wanted to talk to her. Baril’s sister offered to call Hospital to ask why it had contacted her to try to reach Baril. However, Baril declined her sister’s offer. According to telephone company records, the call lasted thirty-two seconds. No evidence exists in the record concerning the cost of the call or whether Hospital sustained any economic loss as a result of the call. Baril returned from vacation on July 17, 1999. When she reported to work the following day, Baril was told to meet with Arnold and Martinez de Andino. At the meeting, Baril learned that by using Hospital’s toll-free number for personal use, she violated section 2. 2. 2 of Hospital Policy HR116, which cites â€Å"[d]ishonesty, fraud, theft (regardless of amount), unauthorized removal of hospital property,† as â€Å"critical offenses† justifying immediate termination. Baril offered to pay for the telephone call, but Arnold refused to accept payment and informed her she was being terminated. Baril exited the premises a short time thereafter. Baril filed this cause of action averring (1) Hospital created a contract of employment between Baril and itself through its written employee handbook, its amendments to the handbook, and its conduct regarding the handbook’s policies, particularly the mandatory language of the disciplinary procedure in HR116 and verbal assurances provided by Lowe during the January 1999 meeting; (2) Hospital breached the contract between Baril and itself by wrongfully terminating her; and (3) Hospital violated S. C. Code Ann.  § 41-1-80 (Supp. 2001) by terminating Baril in retaliation for filing a Workers’ Compensation claim. Baril sought $403,508 in actual damages, plus costs and other just and proper relief. Hospital answered, generally denying Baril’s allegations and claiming it â€Å"acted in good faith† when dealing with Baril’s discipline and termination. Hospital specifically asserted that Baril was an at-will employee throughout her employment with Hospital, and denied the existence of an employment contract. Hospital further claimed that, even if any employment contract existed, Hospital never breached it and that Baril’s discharge was not wrongful. Hospital cited Baril’s own conduct as the source of â€Å"any and all of the employment actions that [Hospital] took against [Baril]. † Additionally, Hospital maintained that Baril â€Å"failed to meet [Hospital’s] established work standards, stole [Hospital’s] time and possibly money when making an impermissible telephone call, and violated at least one of [Hospital’s] specific written Company policies for which [Hospital’s] action was a stated remedy of the violation. † Finally, Hospital contended Baril failed to mitigate any damages she might have sustained. Hospital moved for summary judgment, arguing no material issues of fact existed and Hospital was entitled to judgment as a matter of law. The Circuit Court conducted a hearing on the motion and issued an order finding: (1) Hospital’s policies did not constitute an implied employment contract as a matter of law, even when viewed in the light most favorable to Baril; (2) even if Hospital’s policies constituted an implied employment contract, Hospital’s actions did not breach the contract because it acted pursuant to the express terms of the alleged contract and because Baril’s interpretation of the alleged contract was â€Å"strained and unreasonable and would have led to absurd consequences†; (3) Hospital did not breach any alleged contract because on the date Hospital terminated Baril it had a â€Å"reasonable, good faith belief that, pursuant to the language of HR 116, it had sufficient and just cause to terminate [Baril’s] employment†; (4) Baril failed to establish a retaliation claim because she â€Å"based this cause of action merely upon her own self-serving, unsup ported opinions and the temporal proximity between the filing of her workers’ compensation claim and her termination of employment†; and (5) Baril failed to mitigate her damages because she â€Å"did nothing to seek employment or mitigate damages in any way. † The Circuit Court dismissed all of Baril’s claims with prejudice. STANDARD OF REVIEW When reviewing the grant of a summary judgment motion, the appellate court applies the same standard which governs the trial court under Rule 56(c), SCRCP: summary judgment is proper when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fleming v. Rose, 350 S. C. 488, 567 S. E. 2d 857 (2002); Ferguson v. Charleston Lincoln Mercury, Inc. , 349 S. C. 558, 564 S. E. 2d 94 (2002). In determining whether any triable issue of fact exists, the evidence and all inferences which can reasonably be drawn therefrom must be viewed in the light most favorable to the nonmoving party. Faile v. South Carolina Dep’t of Juvenile Justice, 350 S. C. 315, 566 S. E. 2d 536 (2002); McNair v. Rainsford, 330 S. C. 332, 499 S. E. 2d 488 (Ct. App. 1998). If triable issues exist, those issues must go to the jury. Young v. South Carolina Dep’t of Corrections, 333 S. C. 714, 511 S. E. 2d 413 (Ct. App. 1999). Summary judgment is not appropriate where further inquiry into the facts of the case is desirable to clarify the application of the law. Vermeer Carolina’s, Inc. v. Wood/Chuck Chipper Corp. , 336 S. C. 53, 518 S. E. 2d 301 (Ct. App. 1999). All ambiguities, conclusions, and inferences arising from the evidence must be construed most strongly against the moving party. Bayle v. South Carolina Dep’t of Transp. , 344 S. C. 115, 542 S. E. 2d 736 (Ct. App. 2001). Even when there is no dispute as to evidentiary facts, but only as to the conclusions or inferences to be drawn from them, summary judgment should be denied. Hall v. Fedor, 349 S. C. 169, 561 S. E. 2d 654 (Ct. App. 2002). Moreover, summary judgment is a drastic remedy which should be cautiously invoked so no person will be improperly deprived of a trial of the disputed factual issues. Lanham v. Blue Cross and Blue Shield, 349 S. C. 356, 563 S. E. 2d 331 (2002); Trivelas v. South Carolina Dep’t of Transp. , 348 S. C. 125, 558 S. E. 2d 271 (Ct. App. 2001). ISSUES I. Did the Circuit Court err in granting summary judgment on the issue of whether Hospital’s written policies and actual practices created an employment contract between the parties? II. Did the Circuit Court err in granting summary judgment on the issue of whether Hospital’s actions in terminating Baril’s employment breached a contract between the parties? III. Did the Circuit Court err in granting summary judgment on the issue of whether Baril acted reasonably in attempting to mitigate her damages? LAW/ANALYSIS I. Existence of Employment Contract Baril maintains the Circuit Court erred in granting summary judgment because, viewing the evidence in the light most favorable to Baril as the nonmoving party, material issues of fact exist concerning whether Hospital’s written policies and actual practices created an employment contract between Baril and Hospital. We agree. South Carolina recognizes the doctrine of employment at-will. Prescott v. Farmers Tel. Coop. , Inc. , 335 S. C. 330, 516 S. E. 2d 923 (1999). This doctrine provides that a contract for permanent employment is terminable at the pleasure of either party when unsupported by any consideration other than the employer’s duty to provide compensation in exchange for the employee’s duty to perform a service or obligation. Id. â€Å"At-will employment is generally terminable by either party at any time, for any reason or no reason at all. † Prescott, 335 S. C. at 334, 516 S. E. 2d at 925. However, an employer and employee may contractually alter the general rule of employment at-will, thereby restricting the freedom of either party to terminate the employment relationship without incurring liability. See Small v. Springs Indus. , Inc. , 292 S. C. 481, 357 S. E. 2d 452 (1987). For example, an employee handbook may create a contract altering an at-will arrangement. Id. Because an employee handbook may create an employment contract, the question of whether a contract exists is for a jury when its existence is questioned and the evidence is either conflicting or admits of more than one inference. Conner v. City of Forest Acres, 348 S. C. 454, 560 S. E. 2d 606 (2002) (stating summary judgment is inappropriate in most instances when handbook contains both a disclaimer and promises). The presence of promissory language and a disclaimer in the handbook make it ambiguous and subject to more than one interpretation. [3] See Fleming v. Borden, 316 S. C. 452, 450 S. E. 2d 589 (1994) (stating that a handbook containing both a disclaimer and promissory language should be viewed as inherently ambiguous). Here, the handbook states that it does not operate to change the at-will nature of employment to a contractual relationship. However, the handbook’s procedures concerning progressive discipline, discharge, and grievance are couched in mandatory terms, including assurances that the procedures will be followed. As to Lowe’s statements regarding the new disciplinary policy, Baril testified: Richard Lowe told me, guaranteed me that the new disciplinary policy was put into effect for exactly that reason because I told Richard, I said, you know, I have been a manager, and you can use a disciplinary procedure to try to eliminate people or try to help people grow and have positive behaviors and goals and grow. And Richard Lowe said that is what that policy is for, is to help you, and that is what is going to be happening from this point forward, and I felt that that was a guarantee, was a contract, a verbal contract that I would be treated equitably, that I would be—that I would not be targeted any further, that the grievance was over, and we were to go forward. And so I felt at that time that that was a contract that was made . . . . Thus, the court concluded that the procedures and practices established by the Hospital was more than sufficient for it to arrive at the conclusion that an employment contract was created between the parties. II. Hospital’s Actions in Terminating Baril’s Employment Baril claims the Circuit Court erred in granting summary judgment because, viewing the evidence in the light most favorable to Baril as the nonmoving party, material issues of fact exist regarding whether Hospital’s actions in terminating her employment breached an employment contract between Hospital and Baril. We agree. When an employment contract only permits termination for cause, the appropriate test on the issue of breach focuses on whether the employer had a â€Å"reasonable good faith belief that sufficient cause existed for termination. † Conner v. City of Forest Acres, 348 S. C. 454, 464, 560 S. E. 2d 606, 611 (2002) (emphasis added). â€Å"[T]he fact finder must not focus on whether the employee actually committed misconduct; instead, the focus must be on whether the employer reasonably determined it had cause to terminate. † Id. at 464-65, 560 S. E. 2d at 611. a. Reasonable Good Faith In the January 1999 meeting, Baril expressed concern that Martinez de Andino disliked her and would use Hospital’s disciplinary process to terminate her. Lowe responded that Hospital had updated pertinent portions of its employee handbook to prevent the disciplinary procedure from being abused to eliminate employees and to ensure that it would only be used to positively impact its employees. Nevertheless, reasonable minds could disagree as to whether Hospital proceeded to act in reasonable good faith by using the disciplinary policy to immediately terminate Baril for using the toll-free line to transfer one possibly business-related telephone call to Baril’s sister for thirty-two seconds. Additionally, our Supreme Court has held that summary judgment should not ordinarily be used to resolve the question of whether an employer acted under a reasonable good faith belief that sufficient cause existed for termination. Conner, 348 S. C. at 465, 560 S. E. 2d at 611-612. Viewing the evidence in the light most favorable to Baril, we find that reasonable minds could differ as to whether Hospital acted with good faith in terminating Baril. b. Sufficient Cause Hospital alleges it followed its disciplinary policies in terminating Baril. Hospital contends Baril’s request that her call on Hospital’s toll-free line be transferred to her sister’s private residence constituted an act of â€Å"dishonesty, fraud, theft (regardless of amount), unauthorized removal of hospital property. † Thus, Hospital avers Baril demonstrated violation of a â€Å"critical offense† meriting immediate termination. However, Hospital never announced a policy against use of its toll-free telephone line by employees for personal or private business, although the written materials of Hospital purported to communicate policies and changes to Hospital employees. Furthermore, Baril declared that other Hospital employees had engaged in similar behavior without Hospital’s objection, thereby raising the possibility that Hospital tacitly condoned the practice. Assuming, arguendo, that Hospital rightfully concluded such employee use of its toll-free telephone lines for private purposes constituted dishonesty, fraud, or theft sufficient to merit immediate termination under its policy, evidence exists that Baril’s telephone call to her sister originated in matters related to her employment at Hospital. Moreover, Hospital failed to produce any evidence that it suffered a loss related to the telephone call. In addition, Hospital rejected Baril’s good-faith efforts to compensate Hospital for any loss it may have sustained for the thirty-two second call, although Hospital’s undisputed practice was to permit employees to reimburse it for private long-distance telephone calls. The Circuit Court determined â€Å"no evidence showed or even suggested that [Baril] ever reimbursed or attempted to reimburse Hospital for any of these calls. † A cursory reading of the record contradicts this finding. First, the phrase â€Å"any of these calls† wrongly implies that Baril made more than one call, contrary to undisputed evidence that she only made one call at issue. Next, the record is replete with testimony from Baril and Lowe that Baril immediately offered to reimburse Hospital for any expenses related to the telephone call. Hospital maintains Baril abused her authority by ordering a subordinate to transfer the telephone call outside the Hospital. Yet, the record contains no evidence that Baril had any subordinates at the Hospital at the time she placed the call. In fact, the employee whom Baril asked to transfer the call was only considered a subordinate by the trial court because she had previously been one of Baril’s nursing students. Viewing the evidence in the light most favorable to Baril, we conclude her actions constituted a mere peccadillo at worst and that reasonable minds could differ concerning whether Hospital terminated Baril with just cause. III. Mitigation of Damages Baril claims the Circuit Court erred in granting summary judgment because, viewing the evidence in the light most favorable to Baril as the nonmoving party, material issues of fact exist concerning whether she made reasonable efforts to mitigate her damages. We agree. A party injured by the acts of another is required to do those things a person of ordinary prudence would do under the circumstances, but the law does not require him to exert himself unreasonably or incur substantial expense to avoid damages. McClary v. Massey Ferguson, Inc. , 291 S. C. 506, 354 S. E. 2d 405 (Ct. App. 1987). Whether the party acted reasonably to mitigate damages is ordinarily a question for the jury. Id. Baril did not seek other employment throughout this litigation. However, she attempted to justify her behavior. First, she testified she did not want to reveal to potential employers that she had been fired. Second, she testified that there were no other hospitals with emergency rooms in or near Aiken, where she resided. Thus, she would have been forced to either commute or relocate in order to perform similar work. Baril did not want to relocate because she had a home and family in Aiken, where she taught college classes on a full-time basis. Baril speculated that a lengthy commute would interfere with her teaching career. Considering the evidence in the light most favorable to Baril, reasonable minds could disagree over whether she made reasonable efforts to mitigate her damages. The trial court should have allowed this question to be resolved by a jury. CONCLUSION Accordingly, the trial court’s decision is REVERSED and REMANDED. CONNOR and STILWELL, JJ. , concur. [1] John Arnold’s specific job title is unclear in the record, which indicates he operated in a supervisory capacity similar to that of Martinez de Andino. [2] Shortly before Martinez de Andino initiated the July 1998 disciplinary action against Baril, a dispute arose between them concerning Martinez de Andino’s decision to hire paramedics to perform nursing functions in the emergency room. Baril learned from the South Carolina Department of Health and Environmental Control that South Carolina law prohibited paramedics from performing some of the functions that Martinez de Andino intended for them to perform. Baril conveyed this information to Martinez de Andino, who told Baril to â€Å"deal with it. † Baril contends Martinez de Andino resented Baril’s input, leading to a souring of their relationship that motivated her to seek Baril’s termination. [3] Baril and Hospital clearly disagree about the existence of a contract.

Phishing An Example Of Social Engineering Techniques...

1. Introduction Phishing is type of computer attack that communicates through messages to humans via email or web page to perform certain actions for the attacker’s benefits. Phishing is an example of social engineering techniques used to financial gain identity thefts Phishers are targeting the customers of banks and online payment services, Emails. 2. Rationale and significance of the study Social networking sites are now a prime target of phishing. the personal details in such sites can be used in identity theft. 2.1 phishing types Phishing Types Above Fig.1 shows types of phishing. we are mainly address phishing, link manipulation, website forgery, convert redirect. 2.1.1 Phishing- An attempt to acquire information such as usernames, passwords, and credit card details by electronic communication. 2.1.2 Spear phishing -Phishing attempts directed at specific individuals or companies have been termed spear phishing Attackers may gather personal information about their target to increase their probability of success[1,2,3,4 ,19-20]. 2.1.3 Clone phishing- A type of phishing attack whereby a legitimate, and previously delivered, email containing an attachment or link has had its content and recipient address(es) taken and used to create an almost identical or cloned email[1,2,3,4 ,19-20] 2.1.4 Whaling-- Several recent phishing attacks have been directed specifically at senior executives and other high profile targets within businesses, and theShow MoreRelatedSocial Engineering954 Words   |  4 PagesSOCIAL ENGINEERING INTRODUCTION Social Engineering is using non-technical means to gain unauthorized access to information or system. 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