Assessment:
Forms of Employment Memo. For this assignment, you are a mid-level manager at a large private university. Your boss, Chris Grey, is aware that you are in a degree program and are studying Employment Law. Chris sends you the following message: "I know you are taking a course in employment law, and I need your advice on a matter affecting our operation. I've been advised that Sue Mee, an employee in one of our administrative departments, is talking to other employees about salaries being too low, and how our benefits are not as good as those in other Universities in the area. She says that no employee jobs are safe, and everyone can be fired anytime management wants to do it without any reason. She is the center of some noticeable dissension in the workplace. Please provide me with some advice in the form of answers to specific concerns that I have. My first concern is that I'm not sure if what she says is correct about us being able to fire people without a reason or a warning. Please let me know what I can and can't do if I just want to fire someone. I don't have contracts with the employees-should I? I'm also thinking about converting all the jobs in her department to contractor positions, or temporary employee positions, to eliminate the grief we're getting. That would also settle a concern I have about us being liable for things that Sue says or does, both while she is a work, and when she says what I think are slanderous things about some faculty members. If she's a contractor, we're not liable, right?" As you read this, you make mental notes about what you need to cover in your reply. Your memo to Chris should enlighten her on the following topics: (a) The concept of equity in the workplace; (b) The issues of agency and related liability within the employment context; (c) The salient characteristics of, and significant differences between, employment contracts, be they implied or expressed, and at-will employment; and d. The critical attributes of, and differences between, employee, temporary employee, and independent contractor. You know that your boss does not like lengthy responses, so in your reply business memo, you can't send Chris more than 700 words. You also know that Chris is a stickler for good grammar, sentence structure, and spelling, so proofread your work carefully. Additionally, complete a Due Diligence Worksheet for this week's assignment. Your responses to the questions on the worksheet should not exceed 700 words.
Work to complete:
Question 1. What concepts must you address in order to meet the terms of the assignment?
Question 2. Is there more than one possible way to answer the requirements presents in this assignment/ If so, identify what those alternative answers are, and why you selected the one approach that you did in your assignment submission.
Question 3. What legal principles are applicable in this assignment? State the legal principle, and explain how it is links to the facts as presented in the assignment. (Remember that a legal principle is not the same as a legal topic. For example, a legal topic like "tort liability" may have a number of legal principles. One of these is "For tort liability to be present, a defendant must have breached a duty that the defendant had to the plaintiff's.
Question 4. What federal or state statutes or constitutional provisions (if any) did you research in developing your assignment submission? Include both the law that supports the position you took, and that which is not on support of your position.
Question 5. What published case law (court decisions) from the text did you consider in developing your assignment submission? Include both the cases that support and those that are relevant but do not support your assignment submission.
Question 6. Did you do any other research in developing your assignment submission? If so, explain the nature and scope of that research, identifying which supports the position you took, and that which does not.