“Summary of the legal principles involved in the subject, citations of cases, statutes, regulations, and other authorities which support or illustrate the legal principles involved in the subject, and a compendium of forms, sample pleadings, and other documents pertinent to the subject.”

I’m working on a business law case study and need a sample draft to help me study.

 

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As a capstone project for this course, you will prepare and submit a Legal Journal covering material from this course. One definition of a legal journal is a,

“Summary of the legal principles involved in the subject, citations of cases, statutes, regulations, and other authorities which support or illustrate the legal principles involved in the subject, and a compendium of forms, sample pleadings, and other documents pertinent to the subject.”

Each module/week you will have Reading & Study material from the textbook. At the end of each chapter you must extrapolate the significant legal principles, cases, forms, and sample pleadings. Compile these into a single document in outline format.

While you will submit the project at the end of Module/Week 8, you must work on the requirements each module/week as you review the material. You must prepare the final product in 1 comprehensive document that will be submitted by the last day of Module/Week 8. You must submit the project as a single Word document. Points will be deducted for submissions including more than a single document. Use the “Cases Chapters 1-16” doc.

As you prepare the required documents, do not simply prepare to complete the assignment. Prepare each portion or entry as if you were preparing the item for your supervisor or for a client. Your work for each item must be thorough, covering all aspects required.

The first page of the legal journal must be a title page followed by a detailed table of contents. The table of contents must have corresponding page numbers. This must be organized based on the Contents outline of the textbook. This assignment will be submitted using Time New Roman, 12 pt font.

The last section of the Legal Journal must be titled Ethical Reflections. In this section you must reflect upon the legal journal as well as the legal concepts innate within employment law. You must then discuss how biblical principles come into play in employment cases. For instance, what is, if any, the biblical rationale for workplace justice? Does the Bible give Christians a model for deciding on how to deal with employment cases? What are these biblical guidelines and how should they be incorporated into your life as a paralegal? This portion of the assignment must be 1–2 pages.

This assignment is due by 11:59 p.m. (ET) on Friday of Module/Week 8.

 

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Chapter 1 Case 1Marie v. Am. Red Cross37 Case 2Keller v. Miri Microsystems, LLC42 Chapter 2 Case 1Palmateer v. International HarvesterCompany94 Case 2Herawi v. State of Alabama, Department ofForensic Sciences95 Case 3Guz v. Bechtel National Inc.99 Case 4McDonnell Douglas Corp. v. Green100 Case 5Wilson v. Southwest Airlines Company102 Case 6Griggs v. Duke Power Co.103 Chapter 3 Cases Case 1Petruska v. Gannon University140 Case 2Patterson v. McLean Credit Union142 Case 3Ali v. Mount Sinai Hospital143 Chapter 4 Case 1EEOC v. Consolidated Service System209 Case 2National Treasury Employees Union v. Von Raab211 Case 3Coats v. Dish Network, LLC 213 Chapter 5 Case 1Local 28, Sheet Metal Workers v. EEOC267 Case 2Johnson v. Transportation Agency, Santa ClaraCounty, California269 Case 3Ricci v. DeStefano273 Chapter 6 Cases pg 419 Case 1Alonao v. Chase Manhattan Bank, N.A317 Case 2Jones v. Robinson Property Group, L.P., d/b/aHorseshoe Casino & Hotel318 Case 3Vaughn v. Edel319 Case 4Chandler v. Fast Lane, Inc321 Chapter 7 Case 1Garcia v. Spun Steak Co357 Case 2Vega v. Hempstead Union Free Sch. Dist359 Case 3Cortezano v. Salin Bank & Trust Company363 Case 4Espinoza v. Farah Manufacturing Co366 Case 5Reyes-Fuentes v. Shannon Produce Farm, Inc367 Chapter 8 Case 1Wedow v. City of Kansas City, Missouri419 Case 2Dothard v. Rawlinson421 Case 3Price Waterhouse v. Hopkins422 Case 4Lynch v. Freeman423 Chapter 9 Case 1Burlington Industries, Inc. v. Ellerth464 Case 2Meritor Savings Bank, FSB v. Vinson465 Case 3Ellison v. Brady467 Case 4Faragher v. City of Boca Raton469 Chapter10 Case 1Weaver v. Nebo School District Case 2Macy v. Holder 516 Case 3Hively v. Ivy Tech Community College of Indiana521 Case 4Nichols v. Azteca Restaurant Enterprises, Inc. 523 Case 5Jane Doe v. Boeing Company 525 Case 6Buonanno v. AT&T Broadband, LLC 528 Chapter 11 Case 1Peterson v. Wilmur Communications, Inc.562 Case 2Chalmers v. Tulon Company of Richmond564 Case 3Trans World Airlines, Inc. v. Hardison568 Case 4Peterson v. Hewlett-Packard Co.570 Case 5EEOC v. Abercrombie & Fitch574 Chapter 12 Case 1Western Air Lines, Inc. v. Criswell622 Case 2Gross v. FBL Financial Services, Inc.624 Case 3Hazen Paper Co. v. Biggins626 Case 4Oubre v. Entergy Operations, Inc.627 Chapter 13 Case 1Ferrari v. Ford Motor Co.696 Case 2E.E.O.C. v. Ford Motor Co.699 Case 3Huber v. Wal-Mart Stores, Inc.705 Case 4Gogos v. AMS Mechanical Systems707 Chapter 14 Case 1O’Connor v. Ortega781 Case 2Shoun v. Best Formed Plastics, Inc.784 Case 3City of San Diego v. Roe786 Case 4City of Ontario v. Quon788 Chapter 15 Case 1Commonwealth v. Hunt827 Case 2Gimrock Construction, Inc. v. International Unionof Operating Engineers, Local 487829 Case 3Columbia Portland Cement Co. v. NLRB831 Case 4Electromation v. National Labor Relations Board832 Chapter 16 Case 1Reich v. Circle C Investments, Inc.890 Case 2Mullins v. City of New York891 Case 3Varity Corp. v. Howe893 Case 4Central Laborers’ Pension Fund v. Heinz894 Legal Journal Name PLST 400 – B01 Liberty University Online Table of Contents PAGE 1) Regulation of Employment 3 a. Subject to Regulation 3 b. Agency Law Independent Contractor v. Employee 3-4 d. Applicants 4 e. Defining an Employer 3 c. 4 2) Employment Law Toolkit 4-5 a. Stare Decisis & Precedent 5 b. Prima Facie Case 5 c. Employment-At-Will & Wrongful Discharge 5-6 d. Breakdown of the Exemptions 6-7 e. Constructive Discharge 7 3) Title VII of the Civil Rights Act of 1964 7 a. Statutory Basis Title VII & the Civil Rights Act 8-9 7-8 b. History of 4) Legal Construction of Employment Environment 9 a. Recruitment 9-10 b. Common Law: Misrepresentations & Fraud 10 c. Regulation to Recruitment Practices 10 d. Defense in Wrongful Termination Suits 10 e. Employment Environment Testing 10-11 f. Performance Appraisals, Evaluation, & Discipline Schemes 5) Affirmative Action 11 a. Design & Unstable History 11-12 6) 7) 8) 9) 10) 11) 12) 13) 14) 11 15) 16) 1) Regulation of Employment a) Subject to Regulation • A really important concept to understand in employment regulation is that an employee has the right to decide if they want to work for an employer or not, just as an employer has the right to hire an applicant or not. Dawn D. Bennett-Alexander & Laura P. Hartman, Employment Law for Business 4 (9th ed. 2019). • Determining if an individual is the employer or the employee is a vital step in regulation. Id at 6. b) Agency Law • The law of agency is the law that relates to employment relationship. Id. • When one individual acts on the behalf of another individual it creates an agency relationship. Id. The agent is the actor in this relationship whereas the principle is the person the agent acts for and the person who said agent gets their authority to act from. Id. To put this in terms of employment, the agent would be the employee, which means that the employer is the principle. Id. c) Independent Contractor v. Employee 2 • An independent contractor is an individual that is contracted by a principle to perform agreed upon tasks in whichever way that contractor prefers. Id. A principle is unable to control/dictate how a independent contractor is to complete said tasks. Id. • The Employee Retirement Income Security Act defines an employee as being an individual hired/employed by an employer. Id. • A difference between an employee and an independent contractor is that Title VII prohibits an employer from discriminating against their employee but not against an independent contractor. Id. • Unlike an independent contractor, an employee can actually increase an employer’s liability exposure because employers are responsible for the harm their employees cause to a third party; this is known as vicarious liability. Id at 9. • There are tests that have been created to help a court determine if an individual is an employee or an independent contractor. Id at 12. The test most commonly used is the common-law test of agency. Id. Through this test, the courts are able to determine if an employer has control over the agent; if it found that an employer has the right to control than the agent is an employee, but if no right to control is found then that individuals is an independent contractor. Id at 13. • One of the most famous cases that used this test to determine if an individual was an employee or an independent contractor was Estrada v. FedEx Ground Package System, Inc. • The IRS uses a test called the IRS 20-factor analysis to determine if an individual is an employee or an independent contractor. Id at 14. • In the case of Juino v. Livingston Parish Fire District No. 5, the Court used the economic realities test to determine if the Plaintiff was an employer or not. Id at 16. With this test, the Court ruled that Juino was not an employee just because she volunteered at the fire department which resulted in the Court holding that Juino was not protected under Title VII. Id. d) Applicants • Employers are required under federal regulations to track an applicant according to their race, gender, and ethnicity. Id at 18. • The definition for applicant can be found in the EEOC’s Uniform Guidelines on Employee Selection Procedures; and it states that an applicant is any and all individuals who demonstrate an interest in being considered by an employer for opportunities surrounding hiring, promotion, and various other employment opportunities. Id. • The U.S. Department of Labor Office of Federal Contract Compliance Program issued a list of four criteria that must be met before an individual is considered to be an Internet applicant. Id at 23-34. e) Defining An Employer 3 • Defining the term employer is simple; this is because an employer is a person that employs and/or uses others to do his/her work, or for others to his/her work on their behalf. Id at 24. • Exhibit 1.6 is a great reference to better understand what an employer is because it contains the statutory definitions for the term employer. Id at 25. 2) Employment Law Toolkit a) Stare Decisis & Precedent • Stare decisis is defined as being a process that a court goes through in order to use prior decisions made by other courts in order to determine a decision for that case. Id at 50. • Legal precedent is “court opinions from other cases that have already been decided that are used to determine similar cases later.” Id. b) Prima Facie Case • In order for a legal case to be brought to a court, it must be on the grounds of the legal rights that the law provides. Id at 54. • Cause of action is what gives an individual the ability to file a case on the basis that their legal right was violated. Id. • Prima facie case is “evidence that fits each requirement of a cause action is presented to conclude that the party alleging the violation has met all the requirements of the cause of action.” Id. • If a Plaintiff is unable to establish prima facie case for their claim the defendants could file a motion to dismiss the Plaintiff’s claim. Id. But on the other hand, a Plaintiff’s claim will advance to the next part of the proceeding if he/she has successfully established prima facie case. Id. c) Employment-At- Will & Wrongful Discharge 4 • Employment-at-will is an relationship, usually between an employer and an employee, where there is no contractual obligation requiring the parties to maintain the relationship. Id at 55. This means that either party involved in the employment relationship has the right to leave and/or terminate the relationship at any time and for any reason, as long as the reason is not prohibited by law. Id. An example of a reason prohibited by law would be those that are for discriminatory purpose. Id. • If an employer fires an at-will employee for an reason that is prohibited by law, that employee can file a suit against that employer on the grounds of either unjust dismissal or wrongful termination. Id at 56. An employee that is terminated by an employer on either one of these grounds has the right to seek the following due to the losses they suffered: reinstatement, compensatory, and/or punitive damages. Id. The outcome of an employee’s lawsuit is dependent upon the laws that their state has issued on the matter, this is because there are no federal laws that govern this type of employment issues. Id. • In the box labels Exhibit 2.1 there is a list of the exceptions to the Employment-At-Will Doctrine. Id at 56. It is important to know that these exemptions can vary according to the state. Id. d) Breakdown of the Exceptions 5 • One of the most common exceptions is the violation of public policy. Id at 57. • These public policy violations occur whenever an employee is terminated for partaking in things like activities where they exercise their statutory right(s); reporting that their employer violated a statute(s); by refusing to violate a criminal statute that was requested of them by their employer; etc. Id. • Terminations on the basis of whistle-blowing has been added to the public policy exception by some states. Id at 58. Whistle-blowing is an act performed by an employee, and is whenever that employee reports their employer’s wrongdoings to the correct officials/outlets. Id at 60. The most famous whistle-blowing case that occurred in the United States is when Enron’s wrongdoings regarding the accounting procedures was reported by an employee named Sherron Watkins. Id at 60. The Federal Whistleblower Statute was created by Congress in 1982. Id. This new law prohibited an employer taking retaliatory actions against the employee(s), especially against employers that were defense contractors, that disclosed and/or reported the information that the employer had violated the law. Id. The Department of Defense administrates this law and is the only agency that has the duty to enforce this law. Id. A great case to look at regarding an employer and an whistleblower is Green v. Ralee Engineering Co. Id at 62. • Terminations that happen in response to an employee exercising his/her rights that are provided to them by law are known as retaliatory discharge. Id. Courts are sensitive to claims of retaliation as a way to ensure that employees’ rights to protest adverse employment actions are protected. Id. There are three things that employees must show in order to prove their retaliatory discharge claim. Id. An employee must first provide proof that he/she had participated in a protected activity; then prove that the employer took an adverse employment action against him/her; and then by proving that there is a causal connection between the two (the employee’s protected activity and the adverse action that the employer took against the employee). Id. • It is important to know that an employer is prohibited from terminating one of their employees or taking any other form of adverse employment action against any one of their employees because said employee(s) had engaged in activity that is constitutionally protected. Id at 63. • Another exception is the covenant of good faith and fair dealing which is an “implied contractual obligation to act in good faith in the fulfillment of each party’s contractual duties,” that are in both the performance and enforcement of an employee’s work agreement. Id. A simpler way to describe this exception is that any agreement that is made between an employer and their employee has included that the two parties will handle things and/or issues between each other in manner that is fair and in good faith. Id at 64. • Promissory estoppel is another exception and similar to an implied contract claim, which is a contract that is not expressed but is created through other words and/or conduct involving the parties; the only difference is that a promise, whether implied or expressed, will not rise to the level of a contract. Id at 65-66. In order for an employee to have a successful promissory estoppel claim they must prove that their employer/perspective employer made them a promise which he/she reasonably relied to their detriment. Id at 66. e) Constructive Discharge This type of discharge occurs when an employee decides to leave their job and/or position because they truly believed there was no other alternative; this kind of discharge or act of leaving is involuntary. Id at 67. A great case to reference is Paloni v. City of Alburquerque Police Department. Id. 3) Title VII of the Civil Rights Act of 1964 a) Statutory Basis The statutory basis for Title VII says, “it shall be an unlawful employment practice for an employer – (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or nation origin; or (2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.” Id at 106. 6 b) History of Title VII and the Civil Rights Act • Equal Employment Opportunity Commission is the federal agency that been given the authority to enforce the laws surrounding employment law. Id at 107. • Still to this date, Title VII is considered to be the most important piece of legislation that was used to shape as well as define employment law rights. Id. • It is true that the Civil Rights Act of 1964 was created to prohibit discrimination in education, employment, public accommodations, and even the those who are awarded federal funding, based on his/her race, color, gender, national origin, and religion. Id. • Title VII is deemed as the employment section of the Civil Rights Act. Id at 111. The Civil Rights Act had actually paved the way and created the legal basis to provide individuals with protection against discrimination in areas like education, public accommodations, and federally assisted programs. Id. • When the Title VII was finally added to the Act, it provided employees protection from any kind of unjust dismissal due to discrimination. Id at 112. The creation of Title VII had a different meaning for employers, because now an employer’s decisions regarding hiring, promotion, and other employment decisions now provided a way for their employees and/or applicant to challenge their decisions they made. Id. • The Equal Employment Opportunity Act was passed in 1972 and the Pregnancy Discrimination Act followed in 1978; both of these acts were amendments added to Title VII in order to strengthen it. Id. • The U.S. Department of Justice is the agency that handles employment discrimination within a majority of the government agencies/jobs. Id at 114. • Since been created, the EEOC has created several programs that are designed to meet the needs of specific groups. Id at 116. • Furthermore, Title VII prohibits an employer from discriminating in employment processes such as hiring, firing, training, promotion, discipline, and/or other types of employment decision due to an employee(s)’ and/or applicant(s)’ race, color, gender, national origin, or religion. Id at 120. Employer are also not allow to discriminate against an employee/applicant in areas like pay, terms and conditions 7 of employment, trainings, layoffs, and benefits. Id. The Exhibit 3.6 box clearly lays out all of the provisions in Title VII. Id. • The Title VII states that employers; unions; and joint labor and management committees that make decisions regarding admission, referral, training, etc.; as well as employment agencies and similar hiring entities that make referrals for employment, are the ones that are required to comply with Title VII. Id at 121. • Title VII provides protection to all public (governmental) and private (nongovernmental) employees. Id. There are only a few different groups that are not covered by Title VII and they are listed out in the box titled Exhibit 3.8. Employees of employers that have less than fifteen employees (small businesses), Non-U.S. citizens that work outside of the U.S., and members of Communist organizations are just a few of the individuals groups that are not protected under Title VII. Id at 122. • The EEOC is required to investigate an individual’s claim that their employer violated Title VII and after that investigation is complete, the EEOC with then determine if the individual’s claim proves reasonable cause or fails to prove reasonable cause; reasonable cause is required in order for an individual’s employer can be charged with violating Title VII. Id at 127. • Exhibit 3.9 provides the information regarding the procedure for an employee to be able to bring a Title VII claim within the EEOC. Id. • Jury trials were added to Title VII by the Civil Rights Act of 1991. Id at 130. 4) Legal Construction of Employment Environment a) Recruitment • • • • 8 Many do not realize or know that the practices of recruitment are extremely susceptible to discrimination claims “as a barrier(s) to equal opportunity.” Id at 148. Title VII is one of the statutes that require an employer to have their recruitments involved an audience that is diverse and to encourage diverse groups to come apply in any advertisements they put out regarding their recruitment opportunity. Id. An employer is encouraged to refrain from language that could imply and/or speak to a specific gender, ethnicity, etc. Employers are to word their recruitment advertisements in a way that is written fairly that invites any person of any race and gender to come apply. Id. Exhibit 4.2 contains all the federal law that have been implemented in order to regulat …
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