This website uses cookies to ensure you have the best experience. Learn more

Employment Law Case Presentation And Analysis

1182 words - 5 pages

Facts of the case: Imagine you are an HR manager and your boss and owner of the company, Bill, comes to you suspecting his assistant, Paige, is stealing money from the company. Bill would like a polygraph test conducted to see if Paige is stealing from the company. He would also like you to conduct electronic surveillance on Paige’s work e-mail for anything suspicious.
Additionally, Bill mentioned, “Paige is on Facebook. I know you are, too—why don’t you ‘friend’ her on Facebook and see what information you might find out.”
You have heard rumors of a potential romantic relationship between Bill and Paige (Colorado State University-Global Campus, 2014b).
Questions: 1) Discuss all legal and ethical issues with which you are faced in this situation. 2) Assume Paige discovered Bill’s suspicions and that she is not stealing from the company. She feels extremely uncomfortable at work now as a result and wants to quit, but she needs the money. What should Paige do? 3) How should Paige approach any legal cause of action, and what is that cause of action? Should she commence litigation, or is another alternative more preferable? 4) Explain how she should resolve this dispute (Colorado State University-Global Campus, 2014b).
Legal and Ethical Issues
1) Discuss all legal and ethical issues with which you are faced in this situation (Colorado State University-Global Campus, 2014b).
A variety of legal issues, including intentional infliction of emotional distress (IIED) (defined as “[e]xtreme and outrageous conduct that intentionally or recklessly causes severe emotional distress to another person” (Colorado State University-Global Campus, 2014a, p. 2)), sexual harassment under the hostile work environment doctrine of Title VII of the Civil Rights Act of 1964 (Title VII of the Civil Rights Act of 1964, 1964, Section 2000e-2, para. A, cited in Colorado State University-Global Campus, 2014b, p. 5), and invasion of privacy or intrusion (defined as “[i]ntrusion is an invasion by the defendant of plaintiff’s seclusion in a manner objectionable to the average person” (Colorado State University-Global Campus, 2014a, p. 2)) or a violation of the Electronic Communications Privacy Act of 1996 (ECPA) (Colorado State University-Global Campus, 2014b, p. 3) are founded in the actions or rumored actions of Bill, the owner of the company, vis-à-vis Paige, as well as Bill’s proposals to the HR manager for a polygraph test, monitoring Paige’s emails and “friending” on Facebook (Colorado State University-Global Campus, 2014b).
Paige’s Cause of Action and Alternatives
2) Assume Paige discovered Bill’s suspicions and that she is not stealing from the company. She feels extremely uncomfortable at work now as a result and wants to quit, but she needs the money. What should Paige do? (Colorado State University-Global Campus, 2014b).
Paige could bring a state court lawsuit based on the torts of IIED and invasion of privacy, or a federal court action based on those torts...

Find Another Essay On Employment Law Case Presentation and Analysis

Workplace Law - Case study analysis

1745 words - 7 pages necessary indicia specified in the case of Metals and Engineering Workers Union - Western Australia v Centurion Industries Ltd (1996) 66 IR 312. Furthermore, this provision of law also stipulates that the nature of her contract can change (which it has) from that of a casual employee to a part-time one.3. Elizabeth can be classified as a part-time employee. Therefore, her employment contract should entitle her to a provision of sick leave pay

Analysis of the Case Law

3355 words - 13 pages Analysis of the Case Law "There is no prescribed constitutional relationship between the courts and the executive, but the judges assert their inherent power, derived from the rule of law, to review executive actions" The question starts off by giving us an element of the separation of powers when it says that there is no prescribed

Workforce Planning and Employment Tanglewood Case 7

2725 words - 11 pages have been developed through a form of job analysis, thereby limiting the traditional subjectivity of assessment. Responses are rated by the interviewer using an objective, behaviorally anchored scoring system like 1-5 or 10. The structured interviews have a much higher degree of job relatedness and validity. The drawback structured interviews, is that they often remove from the interview situation those interpersonal aspects which are often

Employment Law, Outsourcing, Automation, and Union-management Relations

1258 words - 5 pages InformationCorbett, W.R. (2002). Waiting for the labor law of the Twenty-first Century: Everything old is new again. Berkley Journal of Employment & Labor Law, 23(2), 259.Mills, N. (2001, Summer). New strategies for union survival and revival. Journal of Labor Research, 22 (3), 599.OUTSOURCING, AUTOMATION, AND EMPLOYMENT LAWRelevance to Coastal County Clerk of Court…Accord has eliminated all the jobs associated with data records and

MGT 434 Employment Law State and Federal Systems

1817 words - 7 pages those for, overtime, child labor, minimum wage, and family and medical leave (Federal Labor Law).Acts of congress establish Federal labor laws. Acts that are not Federal labor laws per se, but that do have provisions related to some aspect of employment, are also included. States are permitted to enact and enforce their own employment and labor laws, which include or expand the minimum protections afforded by the Federal laws. The Fair Labor

LGBT Employment Discrimination in National and International Law

2725 words - 11 pages access to healthcare. Then in 2002, general comment 15 did the same for access to water and sanitation. The crucial turning point for employment discrimination based on sexual orientation came in 2005 with the adoption of general comment 18, focusing on the right to work. Finally, general comment 20, adopted in 2009, made general updates to ICESCR’s non-discrimination law, including the following: “Other status” as recognized in article 2, paragraph 2

Employment Law and Labor Relations Issues in your Workplace

974 words - 4 pages aspects of gender, race, or religion. In my workplace the Equal Employment Opportunity Policy is posted on almost every wall in the building. There are several issues that need to be addressed in my workplace. I work for a not-for-profit agency contracted with the Florida Department of Children and Families. We are an agency that tries to help families reunite once they have entered into the Family Law system. My job as a social worker is to promote

Part A: Data Collection, Presentation And Analysis

1576 words - 6 pages Part A: Data Collection, Presentation And Analysis Survey Results Many human features are controlled by a single pair of alleles, one dominant and one recessive, that are inherited in simple Mendelian fashion. To examine this further, a survey was done on two of basic human features. The two phenotypes chosen for the survey were hand clasping (left over right being dominant) and tongue rolling (where the ability to do so is dominant

Ethical and legal analysis of the Ann Hopkins v. Price Waterhouse discrimination law suit. Focuses on case law and ethics

3145 words - 13 pages VII case bears the burden of proving by a preponderance of the evidence the existence of legitimate, nondiscriminatory reasons for the employment action and also must prove by objective evidence that those hired were better qualified than the plaintiff [2]. Price Waterhouse failed to meet this test. Even further, the case of Burdine asks where a decision was the product of a mixture of legitimate and illegitimate motives; however, it simply makes

Statue and Case law Relationship

2013 words - 8 pages Employment laws are created to protect both the employer and the employee. The employer has to follow specific guidelines when hiring and firing employees. This paper will identify five discrimination cases with a brief summary of each as well as identify the statute or regulation interpreted in the case. Lastly, this paper will examine how the statute and/or regulations have evolved through case interpretation and how the cases influence the

State and Case Law Relationship

2034 words - 8 pages State and Case Law Relationship Paper•EEOC v. Jillian's of Indianapolis, Inc., Jillian's Entertainment Holdings, Inc. & Jillian's Entertainment Corp., No. IP00-1452-C-B/G (S.D. Ind. Aug. 12, 2004)This case was brought under Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on gender (or sex), as well as many other aspects of the employment relationship. It applies to most employers engaged in interstate

Similar Essays

Analysis Of Labor And Employment Law

1163 words - 5 pages previous rate of pay, there is no violation of the FMLA (Family and Medical Leave Act of 1993, § 102, subsection d, 2006). Situation B. Employee B, due to his or her age and position, is considered a protected employee under The Age Discrimination in Employment Act of 1967 (The Age Discrimination in Employment Act of 1967, § 12, 1967). He or she is 68 years old and as such falls under subsection A of the Age Limits section of the act, but

Employment And Agency Law Essay

1174 words - 5 pages that they read and understand the code of conduct annually. If that is the case, anything regarding employment outside of the company could have been including in that code of ethics. The code of conduct informs employees of their legal and ethical obligations to the company. Failure to comply with a company’s code of ethics can result in termination.The question remains if the employers took the necessary steps or follow their procedures

Law Enforcement And Miranda Warnings Case Analysis

1284 words - 5 pages This paper will go through the first arrest that a new police officer did while responding to a house break in. It will show what a FTL would say to the new officer on how they did with the situation after the arrest. We will identify four issues during the arrest that related to the Miranda Laws. Then, we will try and relate these issues to a historical case. Later, we will carefully analysis the situation and see if we could resolve the issues

Employment Issues And Situations Uop Bus Law

1235 words - 5 pages disable employees, enforcing that employees be held under law to make reasonable accommodations for employees with disabilities and ensuring equal employment opportunities. Citizens with illness and physical disabilities such as Diabetes, Epilepsy, Down syndrome and Spinal Bifida had to be given a fair chance to earn a living (Chesseman, Legal Environment Of Business ) No longer could an employer say “We would love to hire you but we cannot