Assignment - You take a few minutes after meeting with the vice president to collect your thoughts, then you begin to prepare for this task. First, you'll need an introduction to the legal environment of business. Next, you open the Green Machine, Inc. case file. Upon completing your initial review of the file, you begin thinking about the questions the VP asked you to answer in a narrated PowerPoint presentation. In the next step, you will gather the information you need to answer these questions.
Green Machine Case: Case One: Green Machine, Inc.
Green Machine, Inc., a company devoted to producing eco-friendly household products, is a wholly owned subsidiary of Colossal Corporation. Green Machine's most famous and best-selling product is the Eco-Widget-a handheld, solar-powered device that recharges a variety of electronics on the go, including cell phones, laptops, and tablets. Colossal Corporation has uncovered an incident of theft at Green Machine: Approximately one month ago, over 400 Eco-Widgets were stolen from Green Machine's Adelphi, Maryland warehouse.
Shortly after the theft was discovered, Colossal Corporation's internal investigator, Ivan, found an online advertisement for the sale of exactly 400 Eco-Widgets. Ivan called the contact on the website and set up a meeting with the seller, Greg Smith. When Ivan, under the guise of being an interested purchaser of the widgets, inquired about Greg's distributor, Greg did not hesitate to reveal that he purchased the widgets from Rachel Jones, his long-time business associate. Ivan inspected the 400 Eco-Widgets, and confirmed they were indeed the same products that were stolen from the warehouse. He then requested a price quote from Greg and asked Greg to hold the products for him for seven days. Greg agreed.
Ivan arranged a meeting with Rachel the very next day, during which he pretended that he wanted to buy electronics from her. He asked Rachel if she had any Eco-Widget distributors she could recommend. Rachel said that she works directly with a Green Machine sales agent named Sam Simpson, and that she recently purchased 400 Eco-Widgets from him at a discounted price. Rachel also said that Sam is quite interested in expanding his business with her, and would provide Ivan with a great deal.
After his meeting with Rachel, Ivan checked the personnel records at Green Machine and identified Sam Simpson as a low-level warehouse employee who has been with the company for over 10 years. Sam's personnel record is spotless, with no prior personnel issues and no complaints. Sam is in charge of night security at the warehouse, and has no history in sales. As a night security guard, Sam is responsible for protecting the warehouse from theft, and is not permitted to sell products. After further investigation, Ivan found company e-mails between Rachel and Sam in which Sam posed as a sales agent. Reading the e-mails, it became obvious that neither Rachel nor Greg knew that the 400 Eco-Widgets were stolen. Ivan then collected video from all of Sam's shifts and was able to locate a film of Sam packing the Eco-Widgets into his personal car and driving them out of the warehouse parking lot.
Your task is to research the legal issues surrounding the stolen property. It is up to you to decipher which laws have been broken, and what the potential remedies are. The vice president wants you to prepare a narrated PowerPoint to present this information to the senior leadership team. Because of the sensitive nature of this case, the vice president has asked you to operate with total confidentiality and without involving the legal department.
Step 2: Gather and Analyze Information
As you read through the materials, try to begin answering the questions the VP asked you. You will likely encounter many new legal concepts, so take notes about which sections apply to this case so that you can easily refer back when you begin to write your presentation.
- Can Colossal Corporation terminate Sam without any notice or a hearing? Why or why not? This question relates to employment-at-will.
- Did Sam, Rachel, or Greg commit any crimes and, if so, which crimes did each person commit? Fully explain your answer for each person as you explore the subject of business criminal law.
- Did Sam, Rachel, or Greg commit any torts and, if so, which torts did each person commit? Read about the law of torts in order to make your determinations.
- What defenses, if any, might the relevant persons allege in defense to the torts and crimes identified in questions 2 and 3? Fully explain your answer for each person as to both torts and crimes.
- Can anyone collect damages? Who can collect and whom would they sue? Detail the specific damages that may be available to potential plaintiffs as you read about tort damages.
In the next step, you'll formalize your thoughts so that they are ready to put into your presentation.
Step 3: Focus on Your Rationale and Conclusions: Create Your Outline
You've finished your research. You've reflected on how the facts and the law come together in this situation. You've analyzed the possible arguments and determined which seem most reasonable, all things considered. Now it is time to formulate these arguments, addressing all the issues raised by the narrative in the file the VP gave you.
Outline your presentation to the board, either on paper or in a Word document; don't make the PowerPoint yet. Review your outline to make certain it covers all relevant points and progresses in a logical order. Identify the major bullet points that you will highlight on your slides, and allocate the appropriate supporting information to each bullet point-make sure that you have adequately covered all the relevant arguments or reasons needed to support them. In the next step, you'll use your outline to create the PowerPoint presentation for the VP.
Step 4: Communicate Your Findings and Conclusions to the Vice President of Human Resources: Create Your PowerPoint
Using your outline and research notes from previous steps, prepare a narrated PowerPoint for the VP. Because you will not deliver this presentation in person, it should follow the form of asynchronous presentations. Be sure to meet the following requirements:
- Include a title slide, with your name on it, introducing the presentation.
- On the presentation slides, include only the major bullet points for each issue.
- Include no more than 20 slides.
- Use your narration to provide the supporting rationale for each major bullet point.
- Include a script of your narration in the notes section of PowerPoint.
- Title your files using this protocol: yourlastname_GreenMachinePowerPoint_date.
- The final slide must present a clear summary of your major conclusions and any recommendations.
You should be prepared to answer questions about your presentation after you have submitted it.
You should try to have your Green Machine PowerPoint complete by the end of Week 2. In the next step, you'll begin analyzing the second case from the VP: the White Arch Casino.
Step 5: Case Two: White Arch Casino
A week has passed since you first spoke to the VP, and you now have one case review under your belt. Feeling a bit more confident, you open The White Arch Casino case file, already thinking ahead about the memo you will write for the VP. In the next step, you will gather the information you need to write the memo.
White Arch Casino Case Case Two: The White Arch Casino
Enoch Thompson was employed for several years as a dealer at the White Arch Casino (WAC) in Las Vegas, Nevada. WAC is one of Colossal Corporation's entertainment/gaming division companies. Over the years, Thompson developed a reputation as one of the most skillful high-stakes poker dealers in Nevada. He was often requested by top poker players at the Texas Hold'em Tournament of Champions, a televised annual event in Las Vegas.
Nine months ago, Thompson was approached by Shirley Eugest, the manager of the Venetian Flamingo Casino-a rival company of WAC. Eugest offered Thompson a substantial salary increase to leave WAC and come to work for her. Thompson agreed to think about this offer and get back to Eugest in 48 hours. When he returned to WAC, he asked several of the other dealers what they thought about the offer. One of those dealers immediately went to WAC's manager, Sal Pending, and told him the details of Eugest's offer to Thompson.
Upon hearing of the offer, Pending called Thompson into his office and said: "If you stay with WAC, I promise that next year you will receive a promotion with a 50 percent raise and a five-year contract." This sounded good to Thompson, and he turned down the offer from Eugest to stay with WAC. However, last week he was dismissed from WAC due to corporate downsizing. Although nothing has happened at this point, the vice president of human resources is concerned that Thompson might try to hold WAC to Pending's promise.
Your task is to research the issue and write a memo to the vice president answering the following questions: Can Thompson legally enforce Pending's promise? What theory or theories might Thompson use to try to enforce Pending's promise? If Thompson were to file a lawsuit and win, what sort of damages or other remedies might he be entitled to? Include the reasoning process you used and any evidence that lead you to your conclusions.
Finally, regardless of the legal implications, the vice president would like your view on the ethical issues. Was the promise legally enforceable? Was the promise morally enforceable? Is it right to downsize Thompson?
Step 6: Gather and Analyze Information
After reading the file, you realize that in order to formulate a sound response to the VP's questions, you will need to review a number of specific foundational issues involving legal contracts, including the following:
- What laws govern contracts?
- What are the elements of a legal contract?
- What form can or must a contract take?
- Can a contract be modified?
- What are the methods of discharging a contract?
Find answers to these questions about contract formation and execution and also look into possible contract remedies for when a breach of contract occurs. As you read, be sure to record your thoughts pertaining to the case and note the places in the readings that prompted your thoughts.
After you have refreshed your understanding of contract law generally, you should supplement that understanding by doing legal research on specific laws related to contracts in Nevada and Delaware. Again, make sure to take notes as you read. Good notes will help you write your memo.
In the next step, you will begin to apply what you've learned to the specifics of this case.
Step 7: Legal and Ethical Responsibility
You are concerned about the question of Sal Pending's role in this situation with Enoch Thompson. More specifically, you wonder whether Pending had the authority to make the promise he made (or any promises) to Thompson. Review the legal responsibilities of agents and employees to help formulate your answer. You should also review ethical business decision making, as it pertains to keeping promises in business situations. In the next step, you will use what you have learned to create an outline that will prepare you to write the memo.
Step 8: Focus on Your Rationale and Conclusions: Create Your Outline
You've finished your research. You've reflected on how the facts and the law come together in this situation. You've analyzed the possible arguments and determined which seem most reasonable, all things considered. Now it is time to formulate them, making sure to address all the concerns that your VP expressed to you when you met. Outline the memo that you will draft for your VP. Review your outline to make certain it covers all relevant points and progresses in a logical order.
After you finish your outline, if you have time, give yourself one night of sleep before you begin the next step, in which you will write the memo. Fresh eyes might help you see points that need revision.
Step 9: Communicate Your Findings and Conclusions to the HR VP: Create Your Memo
First, review how to write a memo. Once you have a sense of memos in general, use your outline and research notes to prepare your memo for the VP. Be sure to meet the following requirements:
- Format your memo following the example linked above, including APA-formatted in-text citations and an APA-formatted reference list (do not format the body of the memo using APA style, just the reference list). See references and citations for details.
- Include a specific recommendation on what action, if any, the VP should take based on your analysis and conclusions.
- Support your conclusion with references to legal principles and laws.
- The memo should be no more than 10 pages (double spaced, 12-point font; the reference list does not count towards page limit).
- Title your file using this protocol: yourlastname_WhiteArchCasinoMemo_date.
You should try to have your White Arch Casino memo complete by the end of Week 3. In the next step, you will begin work on the final case from the VP: Big Brain Solutions.
Step 10: Case Three: Big Brain Solutions-Arbitration or Litigation?
You have made recommendations on two cases so far and have one more case to go. After setting aside a few hours to work, you open the Big Brain Solutions case file. In the next step, you will gather the information you need to write a memo for the VP about this case.
Big Brain Solutions Case Case Three: Big Brain Solutions
Big Brain Solutions is a Colossal subsidiary in the consulting industry, located in Silicon Valley.
Early in 2014, Liz Bennett and Ralph Nickleby each applied to become administrative assistants at Big Brain Solutions. After successfully completing the interview process, both were hired and asked to sign contracts that contained the following provision: "If there is any dispute as to employment practices or employee/employer actions, this dispute will be decided via binding arbitration." Both Liz and Ralph signed their contracts after being given ample time to review them and to consult an attorney if they wished to do so.
Several months after he was hired, Ralph became addicted to cocaine. Around the same time, Liz became pregnant with her first child. When Liz experienced complications during her pregnancy, Big Brain initially agreed to grant her medical leave; but shortly thereafter, the company informed Liz that her position had been eliminated due to a "reorganization."
Fearing that Ralph might have trouble picking up the slack for the recently released Liz, Big Brain asked him to take a surprise drug test. Ralph was confused and alarmed and refused to take the test. Big Brain informed him that he was fired because of his refusal to take the test.
Liz decided to file a lawsuit in state court under the state and federal Family and Medical Leave Acts, which guarantee pregnant women a set number of weeks off for pregnancy. Ralph, on the other hand, submitted his case to an arbitrator.
Your task is to determine whether either Liz or Ralph's grievances could be heard by a court, and explain the reasons why or why not. Furthermore, you must determine what the likely outcomes will be if these cases are decided by an arbitrator. Communicate your findings to the vice president via memo.
Step 11: Gather and Analyze the Information
While you have some general awareness of the fact that there are means of alternative dispute resolution, you realize that you need to know a lot more about this subject before you can attempt to respond to the VP's questions. Some of the topics you should review include the following:
- What general procedures or rules govern a typical arbitration proceeding?
- Can a company force an employee to use arbitration (instead of a lawsuit) to settle an employment-related dispute because of a contract provision?
- Are there times when an arbitration clause might be invalid or unenforceable against an employee?
- What effect do claims based on specific federal or state laws have on arbitration provisions in employment contracts?
Based on the answers to the above questions and your review of the employment law material, what will the likely outcome be in Liz's case? In Ralph's? In the next step, you will use the information gathered in this step to create an outline that will prepare you to write the memo.
12 Focus on Your Rationale and Conclusions: Create Your Outline
Step 12: Focus on Your Rationale and Conclusions: Create Your Outline
You've finished your research. You've reflected on how the facts and the law come together in this situation. You've analyzed the possible arguments and determined reasonable conclusions to the questions you've asked yourself. Now it's time to outline your memo.
Review your outline to make certain it covers all relevant points and progresses in a logical order. Identify the major points you want to make and be sure that you have adequately covered all the relevant arguments or reasons needed to support them. In the next step, you will use your outline to create a memo for the VP.
Step 13: Communicate Your Findings and Conclusions to the Vice President: Create Your Memo
Using your outline and research notes, write a memo for the VP. Be sure to meet the following requirements:
- Format your memo following the example linked above, including APA-formatted in-text citations and an APA-formatted reference list (do not format the body of the memo using APA style, just the reference list). See references and citations for details.
- Include a specific recommendation on what action, if any, the VP should take based on your analysis and conclusions.
- Support your conclusion with references to legal principles and laws.
- The memo should be no more than 10 pages (double spaced, 12-point font; the reference list does not count towards page limit).
- Title your file using this protocol: yourlastname_Arbitration_date.
You should try to have your Big Brain memo complete by the end of Week 4. In the next step, you will submit all of the work you have done as part of this project.
Step 14: Submit Your Green Machine, Inc. PowerPoint, White Arch Casino Memo, and Big Brain Solutions Memo
Be sure to use the following file-naming protocols:
- yourlastname_GreenMachinePowerPoint_date
- yourlastname_WhiteArchCasinoMemo_date
- yourlastname_Arbitration_date
By the end of Week 4, submit all of your files to the folder below: Making Decisions That Are Legal and Ethical.
Before you submit your assignment, review the competencies below, which your instructor will use to evaluate your work. A good practice would be to use each competency as a self-check to confirm you have incorporated all of them in your work.
- 1.6: Follow conventions of Standard Written English.
- 1.7: Create neat and professional looking documents appropriate for the project or presentation.
- 1.8: Create clear oral messages.
- 2.1: Identify and clearly explain the issue, question, or problem under critical consideration.
- 2.3: Evaluate the information in a logical and organized manner to determine its value and relevance to the problem.
- 5.1: Develop constructive resolutions for ethical dilemmas based on application of ethical theories, principles, and models
- 7.2: Analyze the implications of contract law and make recommendations to support business decisions
- 7.3: Analyze the implications of civil or criminal wrongs and of product or service liability laws and make recommendations to support business decisions
- 7.5: Analyze the utility of various forms of dispute resolution and make recommendations to support business decisions
- 9.3: Apply the principles of employment law for ethical practices and risk mitigation
Attachment:- Assignment File.rar