Fact Pattern 12-1 Ricardo, an Italian Citizen, Who Is Trained in a Specialized

question 30

Multiple Choice

Fact Pattern 12-1
Ricardo, an Italian citizen, who is trained in a specialized form of computer programming that is highly in demand, is interested in coming to work in the U.S. A friend of his told him that he could come to the U.S., but that he would not be protected by U.S. employment laws and regulations. Ricardo also understands that a strictly enforced rule is that he could only work in the U.S. for three years. Ricardo is inclined to come to the U.S. but would like additional information regarding his rights and the process.
-Roxanne has a serious heart condition.She has worked as an administrator with employer-sponsored health insurance at Big Company for ten years.She has been offered a great job at Up and Coming Company that she would like to take.It pays slightly less but has great opportunities for advancement.Up and Coming has health insurance,but there is a preexisting condition with the insurance excluding coverage for any preexisting health condition for six months.Roxanne says that if she takes the job at Up and Coming she will not be able to afford to continue her health insurance from Big Company.Up and Coming wants her to start immediately.She is in a quandary about what to do.What would you advise her to consider?

• A) She should consider relying on the Health Insurance Portability and Accountability Act which would likely prohibit enforcement of the preexisting condition exclusion.
• B) She should consider relying on the Consolidated Omnibus Budget Reconciliation Act which would require that Big Company pay for the continuation of her insurance through Big Company for six months.
• C) She should file for assistance with the insurance payments under the Worker Adjustment and Retraining Notification Act.
• D) She should not take the job with Up and Coming because she cannot afford to take a risk with the preexisting condition exclusion.

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Definitions:

Affective

Refers to moods, feelings, and attitudes, especially as they influence behavior or learning.

Evaluative

Involving making judgments about the value of something, typically in terms of its usefulness, quality, or performance.

Transformative Learning

A process of profound change in personal beliefs, attitudes, and perspectives as a result of experience and reflection.

Reflective Thinking

The process of critically analyzing and evaluating one's thoughts and actions for the purpose of learning and self-improvement.