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Week 8 : Final Exam – Final Exam<\/p>\n
Set 1<\/p>\n
1. Carla Thomas, a nonsmoker, often encouraged her co-workers to quit smoking. Her new manager, Paul, a smoker, was annoyed by what he considered her constant nagging. He moved her desk from a separate room with a window to a cubicle surrounded by smokers, who smoked all day. Paul refused Carla’s request to create a no-smoking area in the office and he refused her request to be moved back to the separate room. After four weeks of breathing secondhand smoke, Carla quit. What, if any, recourse does Carla have against her former employer? Explain the possible legal theories for recovery, if any.
(Points : 40)
2. Mary Smith was an employee of Thomas Contracts, a pipeline construction company. Mary was supervised by H.D. Thomas, son of the owner of the business. She became involved in an affair with Thomas, who was married. Thomas ended the affair and subsequently fired Mary based on her performance since the affair began.
Mary filed a suit against Thomas Contracts, alleging that her discharge was due to gender discrimination, sex discrimination, and in violation of Title VII. Analyze and determine what important facts you would need to know in order to ascertain Mary’s likelihood of success here.
(Points : 50)<\/p>\n
3. An ambulance service transports disabled individuals on a non-emergency basis. Jane was hired as a night dispatcher. She worked at home, and was required to be on duty to take calls for service from 5:00 p.m. to 8:00 a.m., Monday through Thursday, and from 9:00 p.m. Friday to 7:00 a.m. on Monday. She was paid $550 per month. She was not given any special training, she was simply instructed how to fill in record sheets, and how to call the ambulance crew to notify them of the service request. Jane was free to engage in personal business as long as it did not interfere with the calls, and was able to leave her home as long as she made sure that someone was available to answer the phone.<\/p>\n
The ambulance company claimed that Jane was an independent contractor and was exempt from the FLSA’s overtime and wage requirements. Jane filed suit to collect overtime and minimum wage back pay under the FLSA. Determine whether she will succeed. If you determine that she will succeed, explain the remedies available. Support your position with any applicable laws.
(Points : 50)<\/p>\n
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4. A & Z, Co. had a workplace policy of prohibiting the hiring of family members of current employees. On a number of occasions, however, the male children of current male employees had been hired, but no female children had ever been hired, even though many applied. Also, no children, male or female, of any current female employee, had ever been hired, even though, again, many had applied.<\/p>\n
The female child of a current male employee files a lawsuit. Determine the legal basis for the claim and assess the likelihood of prevailing against A & Z, Co. Also from an employer perspective, what suggestions would you make in terms of best practices to minimize future legal liability? Utilize applicable law in your response if possible.
(Points : 50)<\/p>\n
5. After noticing some items stolen from the store, a manager asked an employee, Frank, to take a polygraph test. Frank refused, claiming that he did not steal anything and he was asserting his rights of privacy to not assert to the test. Frank also reminded Jeff that he did not have access to the area where the stolen items were kept. Jeff, while reminding Frank that employees have no right to privacy in the workplace, fired Frank because he refused to take the polygraph test. Frank intends to file suit. Assess the likelihood that Frank will prevail in the suit.
(Points : 40)<\/p>\n
6. 39-year-old Jim, who works for a new 5 year company that employs 30 individuals, feels that he is being discriminated against at work because of his age. Besides the CEO, he is the only other employee who is over the age of 30. Despite a stellar work record, he has recently been demoted and he often hears other employees referring to anyone over 30 as over-the-hill. Jim feels very uncomfortable at work. Assess whether Jim can bring a valid claim of age discrimination in this situation. What will the employer say in its defense? Give some management tips to this company as it relates to avoiding age related claims in the future. (Points : 50)<\/p>\n
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Set 2<\/p>\n
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\u00a01.\u00a0(TCO A) Nix has worked for ABC, Inc. for ten years.\u00a0 During the entire period of Nix’s employment, his performance had never been formally evaluated or criticized; he was never denied a raise or bonus.\u00a0 The company was doing extremely well, constantly hiring new employees.\u00a0 During the busiest time of the year, Nix told his boss that he had jury duty.\u00a0 Nix attended jury duty.\u00a0 Nix was terminated for refusing to decline to appear for jury duty.\u00a0 Even though the term of Nix’s employment is not specified by contract, does Nix have a cause of action against his employer arising out of the termination?\u00a0 Identify and analyze the possible causes of action available to Nix and the likelihood of prevailing in the litigation.\u00a0 Utilize applicable law to support your conclusions. (Points: 30)<\/p>\n
2. (TCO B) Denora Sarin, a Cambodian immigrant and a practicing Buddhist, was employed as a systems engineer with Raytheon Company.\u00a0 Shortly after Sarin was assigned to work on a particular project ( help with nursing paper writing from experts with MSN & DNP degrees), Goldberg, one of the workers, approached and taunted Sarin saying, “What’s Buddhism?\u00a0 What kind of Buddha do you worship\u2014the skinny Buddha or the fat one?\u00a0 I want to fight you.\u00a0 You don’t fight me back.”\u00a0 Sarin also claimed to be physically harassed by another employee, but after Sarin reported the conduct to his supervisor, it was not repeated.
Goldberg continued to mock Sarin’s religion on several occasions, and when Sarin later asked him to perform certain work, Goldberg shouted at him, “You’re not my boss.\u00a0 You have no right to tell me what to do.\u00a0 You don’t know me very well\u2014I can do a lot of things that you cannot imagine.”\u00a0 Goldberg also told Sarin that he (Sarin) came to the U.S. to destroy and ruin the system of this country.
Sarin again reported the conduct to Goldberg’s supervisor.\u00a0 Sarin was extremely disturbed by the incident and took the rest of the day off.\u00a0 When he returned to work the next day, Goldberg had been transferred to a different work area.\u00a0 Goldberg was subjected to a discipline hearing because of Sarin’s complaints.\u00a0 Goldberg denied Sarin’s allegations, and there were no other witnesses of the incidents.\u00a0 No discipline was imposed on Goldberg, but he was warned he would be severely disciplined if he harassed Sarin in the future.
Sarin continued to experience anxiety attacks, and suffered chest pains; he denied the company’s offer to change shifts because the net shift would still overlap with that of Goldberg.\u00a0 On the recommendation of his doctor, Sarin resigned from his job.\u00a0 Sarin then filed a complaint with the state EEO agency and with the EEOC, and later filed suit against Raytheon under Title VII.\u00a0 Identify the possible claims under Title VII discrimination available to Sarin and assess the likelihood of prevailing under the claims.\u00a0 Determine whether Raytheon should be held in violation of Title VII.<\/p>\n
3. (TCO C) Matt worked for CTE as a management analyst.\u00a0 Matt suffered a heart attack and took medical leave from his job.\u00a0 Prior to the heart attack, his supervisor opened his locked drawer at work and found prescription drugs that were not prescribed to Matt.\u00a0 The supervisor thought Matt had been acting a bit strangely but decided he would confront him about it later.\u00a0 The supervisor did not confront Matt before the heart attack.\u00a0
After six months, Matt was able to return to work on a part-time basis.\u00a0 Matt worked reduced hours for the next year.\u00a0 CTE was forced to reduce its workforce to cut costs.\u00a0 CTE conducted a performance appraisal of all managerial employees and discharged those with the lowest performance ratings.\u00a0 Matt, because of his part-time status, had one of the lowest performance ratings.\u00a0 The company did not look at performance pro-rata based on hours worked.\u00a0 Matt sued and alleged that he was wrongfully terminated in violation of the ADA.\u00a0 Matt alleged that his termination was a result of his disability.\u00a0 Identify and analyze the potential claims and defenses.\u00a0 Utilize case law to support your responses and conclusions.
(Points: 30)<\/p>\n
4. (TCO D) A wrecking and heavy moving firm was moving a barn.\u00a0 As the barn was being towed across a field, it came close to three 7,200 volt power lines.\u00a0 A ball of fire was observed where the barn’s lighting rod either came to close to or actually touched, one of the power lines.\u00a0 Two employees were electrocuted and three more were injured.\u00a0 Analyzing the fact pattern, determine whether the company violated OSHA’s general duty clause, or was this merely an unfortunate accident?\u00a0 Assuming that passing close to the wires was unavoidable, identify the steps that the company might have taken to avoid the tragedy. (Points: 30)<\/p>\n
5. (TCO E) Jerry Swanson owned Swanson Custom Cabinets.\u00a0 He works exclusively for Custom Kitchen Designs, Inc., building all of the cabinets for their clients.\u00a0 Mr. Swanson was injured on the job and filed a worker’s compensation claim which listed Custom Kitchen Designs as his employer.\u00a0 Based upon the foregoing, will Mr. Swanson be deemed an employee or an independent contractor?\u00a0 Analyze the fact pattern in conjunction with the legal factors that impact the employee versus independent contractor determination.\u00a0 Determine and explain the implications of this determination on Mr. Swanson’s worker’s compensation claim.\u00a0 Incorporate applicable law as you analyze and interpret the scenario in conjunction with the legal elements of the claims.<\/p>\n
6. (TCO F) The retirees were employed by White Farms while the company was an affiliate of the White Motor Corporation.\u00a0 The dispute concerned the White Motor Corporation Insurance Plan for Salaried Employees, a non-funded, noncontribu\u00actory benefit plan that provided life, health, and welfare insurance, prescription drugs, hearing aid benefits, and dental care to retirees and their eligible dependents.\u00a0 White Motor employ\u00acees periodically received booklets describing their benefits under these plans.
The 1980 booklet described insurance pro\u00acvided and carried the explicit disclaimer that it was “not the contract of insurance.”\u00a0 The book\u00aclet differentiated between different categories of salaried employees and appeared to have been prepared for distribution to both active and retired employees.
The 1985 booklet was addressed specifi\u00accally to retired employees.\u00a0 Much of the infor\u00acmation in the booklet made no distinction between the Welfare Benefit Plan and the Pen\u00acsion Plan, and its summary of an alleged can\u00accellation clause referred to both plans:
“The Company fully intends to continue your plans indefinitely.\u00a0 However, the Company does reserve the right to change the Plans, and, if necessary to discontinue them.\u00a0 If it is necessary to discontinue the Pension Plan, the assets of the Pension Fund will be used to pro\u00acvide benefits according to the Plan document.”
No similar clause appeared in the 1980 booklet.
While the company was undergoing court supervised reorganization under Chapter 11 of the Bankruptcy Code, it decided to dis\u00accontinue its noncontributory insurance coverage for its retired employees.
On the basis of the facts presented, assess whether the company is free to discontinue its noncontribu-tory insurance coverage for its retired employ\u00acees.\u00a0 Explain your conclusion and use applicable law to support your response.<\/p>\n
7. (TCO G) Gomez, the hiring manager at a Sizzler restaurant in Arizona, extended an offer to Rodriquez after having a long-distance telephone conversation with him while Rodriquez was in California working for a Sizzler restaurant there.\u00a0 On Rodriquez’s arrival, Gomez asked to see evidence of Rodriquez’s authorization to work in the United States.\u00a0 Rodriquez offered a driver’s license and what looked like a Social Security card.\u00a0 Gomez did not look at the back of the card nor compare it to the example in the Immigration and Naturalization handbook.\u00a0 In fact, Rodriquez’s card was a forgery, and the INS has assessed a fine against Sizzler restaurant, claiming that Gomez knew or should have known that the card was false.\u00a0 Determine whether Sizzler is liable under the IRCA.\u00a0 Identify and integrate applicable law and statutory authority to provide validity for your response. (Points: 30)<\/p>\n
8.
(TCO H) A & Z, Co. had a workplace policy of prohibiting the hiring of family members of current employees.\u00a0 On a number of occasions, however, the male children of current male employees had been hired, but no female children have ever been hired, even though many applied.\u00a0 Also, no children, male or female, of any current female employee, had ever been hired, even though, again, many had applied.\u00a0
The female child of a current male employee files a lawsuit.\u00a0 Determine the legal basis for the claim and assess the likelihood of prevailing against A & Z, Co.\u00a0 From an employer perspective, what suggestions would you make in terms of best practices to minimize future legal liability?\u00a0 Utilize applicable law in your response. (Points: 30)<\/p>\n
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\u00a0<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"
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