Week 7

Select TWO court cases (from different chapters) from the list below, and respond in writing to the case questions.

Rachells v. Cingular Wireless Employee Services (Ch 16, p 591)

1.     What was the legal issues in this case? What did the appeal decide?

2.     What performance appraiser process was used to employees to retain in the RIF? What were the outcomes of the process for the plaintiff?

3.      What other evidence existed regarding the plaintiff’s job performance? Why does the court not simply defer to the employer’s own rating of the plaintiff’s job performance in the case?

4.     Do you agree with the decision in this case? Why or why not?

Ehling v. Monmouth-Ocean Hospital Service Corp. (Ch 17, p 642)

1.               What was the legal issues in this case? What did the appeal decide?

2.               Why did the Facebook post qualify as a “store communication”? Why did the managers accessing of that post not violate the Store Communication Act?

3.               Why did the plaintiff’s privacy trot claim also fail?

4.               Would the outcome of the case have been different If one of the managers had demanded the coworkers Facebook password and viewed the post that way?

5.               Should the nurse have been disciplined for the statement she made on Facebook? Why or why not? What are some practical implications of this case for employers and employees?    

The requirements below must be met for your paper to be accepted and graded:

Write between 750 – 1,250 words (approximately 3 – 5 pages) using Microsoft Word in APA style, see example below.

Use font size 12 and 1” margins.

Include cover page and reference page.

At least 80% of your paper must be original content/writing.

No more than 20% of your content/information may come from references.

Use at least three references from outside the course material, one reference must be from EBSCOhost. Text book, lectures, and other materials in the course may be used, but are not counted toward the three reference requirement.

Cite all reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) in the paper and list on a reference page in APA style.

References must come from sources such as, scholarly journals found in EBSCOhost, CNN, online newspapers such as, The Wall Street Journal, government websites, etc. Sources such as, Wikis, Yahoo Answers, eHow, blogs, etc. are not acceptable for academic writing.

Week 8

Select TWO court cases (from different chapters) from the list below, and respond in writing to the case questions.

Dillon v. Champion Jogbra (Ch 18, p 672)

1.           What was the legal issues in this case? What did the appeal decide?

2.           What was the implied contract in the case? How did the employer breach it?

3.           Why does the disclaimer in the employee manual not have the effect desired by the employer?

4.           Why does Dillion’s promissory estoppel claim fail?

Weekes-Walker v. Macon County Greyhound Park (Ch 19, p 730)

1.               What was the legal issues in this case? What did the appeal decide?

2.               Was the January 2010 layoff by itself, a mass layoff? Why or why not? Was the February 2010 layoff, by itself a mass layoff and/or plant closing? Why or why not? Does it matter that the facility reopened within about 30 days? Why or why not?

3.               Why does the appeal court say that the district court erred by combining the January and February layoffs? Why does it matter whether January layoffs were expected to last more than six months?

4.               Why does the court say that the foreseeable business circumstances defense is not available to this employer? If this employer had been able to argue for the unforeseeability of the events causing the layoffs/closings would they have been successful in doing so? Why or why not?

5.               Do you agree with the court decision? Why or why not?