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8 employment law essay questions needed in 2 1/2 hours!!

There is are eight essay questions (six at 30 points each and two at 35 points each)
You should plan on writing at least three paragraphs per question. Brief answers will NOT receive full points consideration
References are required and should be valid in the court of law
1. (TCO A) Bob has worked for Acme, Inc. for 10 years. During the entire period of Bob’s employment, his performance had never been formally evaluated or criticized; he was never denied a raise or bonus. The company was doing extremely well, constantly hiring new employees. During the busiest time of the year, Bob told his boss that he required surgery. Bob went out on approved FMLA. Bob was terminated when he returned to work. Even though the term of Bob’s employment is not specified by contract, does Bob have a cause of action against his employer arising out of the termination? Identify and analyze the possible causes of action available to Bob and the likelihood of prevailing in the litigation. Utilize applicable law to support your conclusions.

2. (TCO B) Mary Smith was an employee of Thomas Contracts, a pipeline construction company. Mary was supervised by H.D. Thomas, son of the owner of the business. She became involved in an affair with Thomas, who was married. Thomas ended the affair and subsequently fired Mary based on her performance since the affair began. Mary filed a suit against Thomas Contracts, alleging that her discharge was due to gender discrimination, sex discrimination, and in violation of Title VII. Analyze and determine whether she succeeded. Identify and explain the applicable law and statutory authority in conjunction with the facts in the scenario to support your conclusion.

3. (TCO C) John worked for Acme as a senior analyst. He suffered a heart attack and took medical leave from his job. Prior to the heart attack, his supervisor opened a locked drawer in his work desk and found prescription drugs that were not prescribed to John. The supervisor thought that John had been acting a bit strangely, but decided that he would confront him about it later. The supervisor did not confront John before the heart attack.

After six months, John returned to work on a part-time basis. John worked reduced hours for the next year. Acme was forced to reduce its workforce to cut costs. Acme conducted a performance appraisal of all managerial employees and discharged those with the lowest performance ratings. John, because of his part-time status, had one of the lowest performance ratings. The company did not look at performance pro-rata based on hours worked. John sued and alleged that he was wrongfully terminated in violation of the ADA. John alleged that his termination was a result of his disability. Identify and analyze the potential claims and defenses. Utilize case law to support your responses and conclusions.

4. (TCO D) An electrical contractor required electricians and apprentices to wear hard hats and respirators when he felt job safety required them. An apprentice who was a member of the Sikh Aharma Brotherhood, which requires members to wear a beard and a turban, refused to comply. If the contractor does not require the apprentice to wear a hard hat and to shave, so that his respirator fits properly, explain whether the contractor will breach OSHA’s general duty clause. If the contractor does require the apprentice to remove his turban and shave his beard, to properly use the safety equipment, determine whether this is religious discrimination in violation of Title VII. Use case law and statutes to support your position.

Question 5. 5. (TCO E) Julie is a fruit picker and has worked for the same company for three years. Between April and June 2005, she, along with 300 other fruit pickers, worked at this company. The workers, including Julie, worked an average of 40 hours per week, five days per week, during the entire three-month period. Beginning in July, 2005, the workers were required to work a minimum of 55 hours per week. The workers were not paid overtime for the hours worked in excess of 40.

Identify and analyze the possible claims that Julie has against her employer. Identify and evaluate the legal basis for the claim, the potential recovery, and the likelihood of prevailing against her employer.

6. (TCO F) Retirees were employed by White Farms while the company was an affiliate of the White Motor Corporation. The dispute concerned the White Motor Corporation Insurance Plan for Salaried Employees, a non-funded, noncontributory benefit plan that provided life, health, and welfare insurance, prescription drugs, hearing aid benefits, and dental care to retirees and their eligible dependents. White Motor employees periodically received booklets describing their benefits under these plans.

The 1980 booklet described insurance provided and carried the explicit disclaimer that it was “not the contract of insurance.” The booklet differentiated between different categories of salaried employees and appeared to have been prepared for distribution to both active and retired employees.

The 1985 booklet was addressed specifically to retired employees. Much of the information in the booklet made no distinction between the Welfare Benefit Plan and the Pension Plan, and its summary of an alleged cancellation clause referred to both plans.

“The Company fully intends to continue your plans indefinitely. However, the Company does reserve the right to change the Plans, and, if necessary, to discontinue them. If it is necessary to discontinue the Pension Plan, the assets of the Pension Fund will be used to provide benefits according to the Plan document.”

No similar clause appeared in the 1980booklet.

While the company was undergoing court supervised reorganization under Chapter 11 of the Bankruptcy Code, it decided to discontinue its noncontributory insurance coverage for its retired employees.

On the basis of the facts presented, assess whether the company is free to discontinue its noncontributory insurance coverage for its retired employees. Explain your conclusion and use applicable law to support your response.


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