Essay Instructions: Read: Studebaker v. Nettie?s flower Garden, inc Missouri Appeals court, S.W.2d (1992).
Can be found in Chapter 16 of Twomey Labor and Employment law 15th edition. Pg 619
Read the case Studebaker v. Nettie?s flower Garden, inc write a brief summary and answer the case questions.-
Provide a summary of the case and answer the case questions. The case summary should be thorough and demonstrate knowledge of the case facts and history. Answers to the questions must reference the facts and legal analysis from the case, and are required to conform to the APA Manual, 6th edition.
The case summary should analyze the following issues: the relationship between the parties involved in the case; the lower court decision(s); a short summary of the relevant facts and why the actions of each party resulted a lawsuit; a statement of the relevant law the appellate court discussed; the legal issue(s) that were decided; the reasoning used by the court when deciding the legal issues; and, your analysis of the decision.
Read the case and Answer the 3 questions:
1. Did Nettie?s control or have the right to control Ferry at the time of the collision?
2. Is not the fact that Ferry, just prior to the accident, had gone to a pawn shop compelling evidence that he was using his van exclusively for his independent purposes and was not acting within the course of his employer?s business?
3. Give your opinion on the ethics of businesses converting employees to independent contractors to reduce or eliminate costs, such as health and retirement benefits, vacations, overtime and maintenance and proper insurance of motor vehicles.
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Essay Instructions: Your paper should include a title and reference page. Cite the paper as APA (Seen, 2013, p. ____ ).
For each employee you must decide: (1) whether to terminate or retain the employee, (2) discuss the factual and legal reasons justifying your decision regarding each employee; and, (3) include citations to appropriate legal authority to support your actions.
Do not simply discuss whom you will terminate. You must discuss each employee and explain your legal and factual rationale for retention or termination, which includes reference citations to laws and appellate decisions that support your actions.
This not a personal opinion essay but rather a formal paper that must demonstrate your ability to apply the knowledge you have learned to a factual scenario.
Write the paper in an objective manner. Avoid excessive comments that begin with ?I think.? Focus on facts, law, and reasoned analysis from your paper. You can include recommendations but they must be supported by the facts and law. You can use a matrix to explain their analysis.
Laws and cases to consider are the following:
Title VII 1964 and Procedures and remedies
Onacale v. Sundowner offshore Services, inc
Pay Equity and Age Discrimination
Equal pay act
Zippittelli v. J.c Penney Company, inc
Rehabilitation Act of the ADA
Huber v. Wal-mart Stores, inc
At will employment law
Studebaker v. Nettie?s Flower Garden, inc
Instructions: Review the following case scenario. Write a 5 to 7 page paper addressing the issues outlined in the scenario. The paper must identify and discuss all of the applicable laws and how they apply to each of the individual situations.
Reduction in Workforce Exercise
More Beer, Inc. is a 25 million dollar a year micro brewing company heavily involved in the direct marketing of its various micro brew products. In order to cash in on the internet selling boom, More Beer, Inc. opened two new marketing and direct distributions channels (www.morebeer.com & www.iamthirstyformorebeernow.com).
Soon after these websites went live, technology problems, together with sluggish sales killed the company?s profits. As a result, the company has decided to abandon its new direct marketing plan and to reduce its workforce.
You are the Vice President (VP) of HR for More Beer, Inc. The President of the company has asked you to terminate the employment for a number of employees. He has given you a list of people to consider and has charged you with writing a memo describing which employees to terminate, the reasons for each termination, what, if any severance is to be offered and what risks might be inherent with each particular employee in terms of post termination litigation.
Your job as VP of HR: You must fire 3 of these employees. Two employees may be folded into existing openings in the rest of the company.
Here are the employees:
Mike Williams: Mike is a 34 year old Asian male. His overall track record with the company is above average. His productivity is above the median although other employees complain that they have difficulty understanding him because he speaks English with a heavy accent. He has achieved no special honors or awards while employed with the company. He has a BS in IS from a good University. His job duties include maintaining existing computer systems which will be obsolete after the RIF. He has had no absenteeism. Mike recently came to you with questions regarding labor organization and there is a rumor that he is talking to others about joining a service union.
Phillip Price: Phil is a 32 year old White male. His overall track record with the company is average. His productivity is average. He has been solely responsible for much of the quality programming which took place in the program being abandoned. He holds no advanced degree but his experience in the Navy has given him practice experience that goes beyond the abandoned programs. However, Phil seems to have an absenteeism problem, missing 17 days in the last two months. Phil has recently let you know that he is homosexual and he feels like others in the company have been treating him differently since he ?came out.?
Sally James: Sally is a 55 year old White female. She is beloved at the company for her friendliness and willingness to help others. Sally is an administrative assistant assigned to the overall organization of the failed marketing endeavor. Although it failed, it is generally thought that Sally did a great job in her administrative tasks. Sally has been with the company for 20 years and is a single mother with a young son in college. Terminating Sally will cause almost immediate financial hardship for her. Sally has missed 13 days in the last two months.
Margaret Jones: Margaret is a 28 year old African American female. She is a very dynamic salesperson. Although most of the new division?s sales came from Margaret?s hard work, she is generally perceived to be a ladder climber and puller and out only for herself. She is not perceived to be a team player although it is widely recognized that she is smart and talented. Margaret is very active in the local chapter of a civil rights group and, on several occasions in the past, has complained on behalf of other employees when she believed they were not being treated fairly. She has missed two months work in the last 12 months.
Jenny Smith: Jenny is a 30 year old female. She is originally from South America, and is fluent in 3 languages in addition to English, which is very helpful to the company's marketing efforts. She holds a BS in PR and was the public relations person assigned to the team. When at work, Jenny does a very good job but she has missed multiple days lately because she is early in a pregnancy. Jenny?s husband has recently lost his job and she has expressed to you her concerns for her job and continued health care during her pregnancy. She recognizes her attendance problems and has promised to be better in her attendance just as soon as she gets past her morning sickness.
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