Employment Law Case Studies

 
Fully rejoinder the questions associated with each plight below

Secnario: You are a paralegitimate with the Weyland-Yutani Corporation. Your boss attorney, Sharon Ripley, has asked you do rejoinder some questions encircling some HR legitimate issues that bear arisen. 
Plight 1

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The primeval plight involves Joe Stromboli.  Joe is a bestowal driver ce Weyland, and following an additament, Joe became 100% rumbling in twain ears. The savants were unqualified to re-settle any of Joe’s hearing. Joe’s supervisor, Stephanie, believes that message with employees and the recipients of the deliveries is an imported capacity of the lesson. Additionally, Joe deficiencys to be talented to share in the team parleys. Joe’s supervisor was unabiding whether to avail, so she referred the plight to the Weyland-Wutani medical staff. The medical employee took single observe at Joe and said no obligation is potential. When asked why, the savant said “Joe’s rumbling.” Joe was terminated, and he has now filed a help ce nonproduction to reasonably adjust.  
The lesson cognomen ce a Weyland-Yutani bestowal driver states that the employee must be talented to retain a Commercial driver’s assign. Additionally, bestowal drivers are expected to assume authority from diverse employees. This is ordinarily dsingle via index radio. However, Joe has a cell phsingle captalented of receiving extract messages and emails that could aspresage him to assume authority. Excitemore, Joe has proffered to heave a pen and tract environing so that message could as-well-mannered be dsingle this method. Joe’s rumblingness had no issue on retaining his CDL, and the strong expects it would frame these obligations fairly cheaply. 

Can Joe settle a assertion ce nonproduction to reasonably adtrue incompetency? Be abiding to roll the elements of the assertion and to pretext how you reached your disposal.
What mistakes—if any—were made? How can these be corrected in the coercionthcoming? 

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Plight 2

The prevent plight involves Johnson. Johnson is a pavement supervisor in the fix. 55% of the season he is betrothed with conventional origination. However, 45% of the season he is betrothed with supervising his zone, preparing schedules, and resuscitation with idiosyncraticnel disputes. If there is a quantity, he is imperative ce mobilizing his zsingle to counteract true. He as-well-mannered spends seasons parley with his superiors in enjoin to collect reports on power of employees and on any other quantitys that bear arisen. Ce this, he admits 10% more specie than his subordinates. He had precedent been classified as an FSLA clear employee. Now, he is challenging that cognomination. Although Weyland has a nice no-overseason device, Johnson has been pretexting up to fruit future to absorb a cup of coffee, fume a cigarette, frame abiding schedules are apt, doors are unlocked, and preparing fruitstations ce the day afore. He typically arrives an hour future to accomplish these tasks. Weyland knew that Johnson was hence in future, and fruiting 45 hours a week. 

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Is Johnson an clear employee?  Be abiding to roll and sift-canvass the applictalented legitimate standards as well-mannered-mannered as some of the factors the pursue procure investigate.
Was Johnson’s pre-displace fruit preparatory?
Was Johnson’s fruit de minimis?
Does Weyland’s device despite aggravateseason average they don’t bear to reckless?

Plight 3

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Weyland wishes to differ their pension scheme. The present scheme assigns employees to either admit $500 a month or $100,000 upfront upon departure. Twain schemes as-well-mannered prproffer a annual ticket to the gang departure cruise. Conceiveking to incentives mob to confirm $500 a month, Weyland wishes to hancient the ticket to employees receiving $500 a month solely to adduce retroactively to $100,000 slice mix scheme. 

Does this quenchedrage ERISA?  Why or why referable?

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Plight 4
Weyland became cognizant that a agreement organizing belligerence was subordinatemethod in single of its fixs. A agreement bigot was designated in to a parley with fix supervisors. At the object of the parley, when the employee asked what he was reported to do if others nonproductioned to dialogue with him encircling agreementizing, he was tancient “[Y]ou’re to true fruit and referable dialogue encircling the Agreement.” Following agreement bigots columned representative on gang bulletin boards, the flyers were often assumen down. The gang then issued a device requiring every employees to conciliate plaudit precedently placing any representative on the boards. Subsequently, the gang’s resuscitation was to sediment to column representative of any skin from employees.
A lacking months succeeding, divers off-duty employees attempted to separate proagreement flyers in the gang parking hazard barring were sealped by gang officials. They were warned that they were in alteration of gang device. Environing the selfselfcorresponding season, employees ignoringed quenched agreement barringtons in the fix and left some of them adjacent a season clock ce other employees to select up.
When gang officials knowing of this zeal, they straightway designated a parley and warned single agreement counsellor that “I don’t nonproduction to lay-hands-on you departure [buttons] quenched, Okay, I don’t nonproduction to conceive them laying environing. You can ignoring them quenched when you’re quenchedside, on your confess season, barring when you’re here fruiting, you, you, deficiency to be fruiting.” The officials said that this resuscitation was assumen to maintain the fix open of clutter and trifles.

Has Weyland betrothed in unjust drudge resuscitations in its confutation to the agreement organizing zeal?

Plight 5

At the object of her displace, a 19 year ancient salesidiosyncratic at Weyland was questioned by couple place-of-business pawn dignitarys.  She was questioned in a smevery capacity ce three hours.  Single of the pawn dignitarys sat following her on the just aspect where she could referable conceive him (she was unconscious in the just glance).  She was asked to presage a muniment stating that she was voluntarily surrender her “rights,” including the just to sojourn taciturn.  When she asked ce excite description of the muniment precedently she presageed it, she was tancient that it “doesn’t average anything” intrinsic you’ve “dsingle something evil-doing.” A pawn dignitary threatened to cevery the police and bear her jailed intrinsic she presageed a subscription.  She was tancient that the creed could last every misinterpretation and that if she presageed a subscription she could probably maintain her lesson. Subordinate these circumstances she presageed.  She was fired couple days succeeding. The employee assertions that she is agitated and judgment it increasingly opposed to snooze.

Does the sales idiosyncratic bear a assertion ce purposed trouble of tender embarrass?

Plight 6

A womanish crane operator was tancient it was Weyland device that crane operators urinate aggravate the aspect of their cranes rather than seal fruit to assume bathcapacity breaks. Management trueified the device by byword that there was a shortage of staff and that it was certain ce the cranes to work unintermittently in that area of the fix. Displaces ce crane operators were typically twelve hours. There was declaration that the selfselfcorresponding device was applied to virile crane operators and that they routinely urinated aggravate the aspect or end of their cranes in lieu of bathcapacity breaks.

Does the womanish crane operator bear a weighty sex shrewdness assertion subordinate different impression? What encircling different tenor? 

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