BUSINESS MEMO ( 10 pts )\u2026.Students will be asked to complete a Business
\nMemo following a format discussed in class on an assigned business\/law topic (sample nursing essay examples by the best nursing assignment writing service).
\nMemos are expected to professionally convey a response to a question posed by a
\nsuperior asking for business and legal advice. Such response will demonstrate not
\nonly awareness of professional format and style, but also solid business and legal
\nsupport for responses and suggestions made. Such support will include, but is not
\nlimited to, relevant legal support, sound business and legal reasoning, and a solid
\nanalysis of options given your findings with reasons for your conclusions. Topics
\nwill be discussed and assigned in class.
\nTopic: TENTS THAT MAKE YOU GO OUCH
\nFrom: Gabe Garnica, CEO Wonderful Tent Company, Inc.
\nTo: ( you put your name plus Staff Attorney )
\nDate: 12\/1\/22
\nRe: The TUV Cases
\nAs you know we are currently facing three lawsuits from customers injured by
\nour tents. The Tillis case involves the woman, Anne Tillis (AT) who was injured
\nwhen our 10 x 10 canopy tent collapsed on her during a picnic, causing her to
\nbreak her arm. We have evidence that AT switched the metal rods that hold up
\nthe tent because she believed that they allowed her to make the tent higher. The
\nUnger case involves a man, Felix Unger (FU) who was injured when our 12 x 12
\ngazebo became engulfed in smoke causing him to faint due to smoke inhalation.
\nEvidence shows that FU works as an associate at Cabella\u2019s, that outdoor store
\nwhere he is Helpant Manager of the Tent Department. Apparently FU put his
\ngrill inside the gazebo trying to grill during a rain storm despite the fact that any
\nexpert in tents would know that you cannot grill inside a gazebo. FU argues that
\nour instructions were missing from the tent which I will admit is true so that might
\nbe a problem. I need you to find a way that we can avoid losing to FU if possible.
\nFinally, the Victor case involves Aliana Victor AV), the woman who was injured
\nwhen our 10 x 15 Family Tent fell on her five years ago. She began her lawsuit
\nlast year and my belief is that she will lose because she cannot tell the court how
\nor why the tent was defective which makes her case weak in my opinion. What
\ndo you think? Can you find a way for us to avoid losing to AV? To summarize
\nthen:
\n1. Does AT have a case against us and why or why not?
\n2. Does FU have a case against us and why or why not?
\n3. Does AV have a case against us and why or why not?
\nASSIGNMENT GUIDELINES
\nFORMAT: As discussed in class, you should follow the format shown in
\nclass and copied below. The heading must be identical to the one
\nshown with obvious difference in having the correct names and dates
\nand items etc. The first paragraph should present the applicable law to
\nthe questions posed in 5-7 total sentences. The second paragraph
\nshould apply that law to the facts given in 5-10 sentences. I say 5-10
\nbecause if you choose you can include your conclusions in this
\nparagraph at the end. Finally, if you prefer, you can have a third
\nparagraph separately presenting your conclusions which would be 4-7
\nsentences.
\nAPPLICABLE LAW: As noted above, the first paragraph would deal with
\napplicable law which you should find from your slides. There is no real
\nneed to use the textbook unless you want to and you should not, under
\nany circumstances, use outside law sources such as the internet etc.
\nAgain, this law should be presented in 4-7 sentences.
\nAPPLYING LAW TO FACTS: The second paragraph should be where you
\napply the law in paragraph 2 to the facts given. You must be careful not
\nto miss any relevant issue, fact, or question posed. Again, we are
\ntalking about 4-7 sentences for that.
\nConclusions: Either in paragraph 2 or a separate paragraph 3 if you
\nchoose, you must present your final conclusions on the questions
\nposed.
\nSAMPLE MEMO FROM ME: Below is a sample memo I
\nused as a model last semester. This will give you an idea of
\nwhat we are talking about.
\nMEMORANDUM
\nTO: Joshua Miller, CEO, Outdoor Pools, Inc.
\nFROM: GABRIEL GARNICA, Staff Attorney, Outdoor Pools, Inc.
\nDATE: 5\/1\/22
\nRE: THE QUESTIONS POSED ON THE WALLACE CASE
\nAccording to Federal Labor Law, an employer cannot discriminate
\nagainst an employee\u2019s language fluency based on that employee\u2019s
\nnationality. Wallace is claiming that we did not hire him because he was
\nnot born in a Latin country and therefore his Spanish is not fluent on
\nthat basis. You admitted that this was your main reason and apparently
\nhave stated it publicly and online a few times. Under the ADA, an
\nemployer cannot discriminate against an employee\u2019s disability in hiring
\nor promoting that person once he or she is an employee. However,
\nbeing afraid of the water is not considered a disability per se. Finally,
\nunder the EEOC and Title VII, a business can claim business necessity
\nwhere it can show that its actions in not hiring or promoting someone
\nwere based solely on a verifiable and genuine business necessity.
\nHere, Wallace was born in the Bronx and has passed a Spanish fluency
\nexam with a score of 97. Neither of his parents nor any family member
\nwere born in a Latin country, but that does not matter given his obvious
\nSpanish fluency. You may not believe that his not being Latin will hurt
\nyour efforts to create a Latin flavor to your pool business but that is not
\nrelevant here. Wallace also claims that you did not hire him because he
\nis afraid of the water but that fear is not an accepted disability that is
\nprotected. Finally, Wallace further argues that he was not hired as a
\npool maintenance tech because he cannot swim and, in fact, is very
\nuncomfortable around water. Obviously, we can claim that being a pool
\ntech demands that someone at least be able to be around water.
\nSwimming is not an issue since such techs never have to swim.
\nHowever, Wallace\u2019s claim that we \u201c demand that someone be an Olympic
\nswimmer\u201d are far-fetched here since, again, swimming is not the issue
\nbut, rather, just being able to function near water which he cannot do.
\nOn the basis of the above, I conclude that Wallace:
\n1. Has a strong claim against us on the fluency issue since
\nnationality cannot be used as a basis for language fluency
\n2. Has no claim against us on the fear of water per se since that is
\nnot a protected disability if a real disability at all
\n3. Has no claim against us on his inability to swim since being able to
\nswim is not necessary but being able to at least function around
\nwater is a genuine business necessity for a pool tech.<\/p>\n","protected":false},"excerpt":{"rendered":"
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