1.(TCO A) Carla Thomas, a nonsmoker, often
encouraged her co-workers to quit smoking. Her new manager, Paul, a
smoker, was annoyed by what he considered her constant nagging. He moved her
desk from a separate room with a window to a cubicle surrounded by smokers, who
smoked all day. Paul refused Carla’s request to create a no-smoking area
in the office and he refused her request to be moved back to the separate
room. After four weeks of breathing secondhand smoke, Carla quit.
What, if any, recourse does Carla have against her employer? Explain the
possible legal theories for recovery and assess the likelihood of prevailing in
the litigation.(Points : 30)
3.(TCO C) Carla Miller worked as a promotions
director for a radio station owned by Dilner, Inc. Miller used a company
van in her work, which required her to organize promotional events in bars and
nightclubs. Dilner issued a memorandum to all employees prohibiting consumption
of alcoholic beverages while at company events; violation of the policy was
grounds for discharge.
4.(TCO D) A house-moving company was moving a
house and came close to three 7,200 volt power lines. Fire was observed
where the house’s lighting rod came too close to one of the power
lines. Two employees were electrocuted and three more were
injured. Analyzing the fact pattern, determine whether the company
violated OSHA’s general duty clause, or if this was merely an unfortunate
accident. Assuming that passing close to the wires was unavoidable,
identify the steps that the company might have taken to avoid the tragedy.(Points : 30)
5.(TCO E) An ambulance service transports
disabled individuals on a non-emergency basis. Jane was hired as a night
dispatcher. She worked at home, and was required to beon
dutyto take calls
for service from 5:00 p.m. to 8:00 a.m., Monday through Thursday, and from 9:00
p.m. Friday to 7:00 a.m. on Monday. She was paid $550 per month. She
was not given any special training, she was simply instructed how to fill in
record sheets, and how to call the ambulance crew to notify them of the service
request. Jane was free to engage in personal business as long as it did
not interfere with the calls, and was able to leave her home as long as she
made sure that someone was available to answer the phone.
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.
7.(TCO G) After noticing some items stolen
from the store, a manager asked an employee, Frank, to take a polygraph test.
Frank refused, claiming that he did not steal anything. Frank also
reminded Jeff that he did not have access to the area where the stollen items
were kept. Jeff fired Frank because he refused to take the polygraph
test. Frank intends to file suit. Determine how the suit would be filed.
Set forth the legal basis for the suit. Assess the likelihood that Frank
will prevail in the suit. Include applicable law in your analysis.(Points : 35)
8.(TCO H) Calvin Black was hired as the
manager for a law firm in June 1992. In his first year in the position, he
created a time-keeping system that saved the firm $13,000 per month, negotiated
leases to lower rental payments by $43,000, lowered client disbursement costs
by $200,000, and reduced overtime costs by $40,000. The firm’s partners
gave him a performance evaluation, stating that they were “very
satisfied” with his performance. He received a raise of $4,600. After
about a year, Black developed a limp. When he consulted a doctor, he was informed
that he had multiple sclerosis. After his diagnosis, he informed his firm
and requested that the firm meet with his doctors to determine what measures
could be taken to accommodate his condition. One partner had one brief meeting
with one doctor, who suggested the firm limit the amount of walking that
Black was required to do. The firm made no effort to limit Black’s
walking, to move his office, or to rearrange his job. Instead, the firm
assigned additional duties to him and urged him to cancel his vacation. On one
occasion, a partner told him to go home if he was tired, so he would not wear
himself out and become ineffective.
