Analyzing a specific liability from your critical incident a

Assignment Help Business Law and Ethics

Reference no: EM133192301 , Length: 6 pages

Propose Preventative Measures to Avoid Legal Liability

Write a 6-8 page paper analyzing a specific liability from your critical incident analysis and recommending measures that would have reduced the company's liability.

INTRODUCTION
As a consultant for CapraTek, you have analyzed 30 worker complaints and focused on the specific legal liability surrounding the wrongful death complaints.

For this assessment, you will:

Select a particular legal liability to CapraTek that arises from one of the remaining letters (other than the wrongful death complaints).

Propose preventative measures that could have avoided legal liability for CapraTek.

PREPARATION
For this assessment, you will analyze one of the employee complaint letters and assess the legal issue and liability it presents.

INSTRUCTIONS
Refer to the CapraTek Employee Complaint Letters [DOCX]. Select a complaint letter that presents a serious, viable legal issue other than a wrongful death complaint. Do not select a complaint that poses little or no liability to CapraTek. To potentially meet the Distinguished criteria, select a letter that suggests more than one type of legal liability; for example:

Sex discrimination and retaliation.
OSHA violations and ADA liability.
Racial discrimination and age discrimination.
Religious discrimination and national origin discrimination.
Note that the letter does not need to specifically mention multiple liabilities. Even when a letter describes only one type of liability, if the complainant is in a protected class, this suggests that any formal claim is likely to allege discrimination as well.

Analyze the complaint(s) and associated liability. Develop recommended measures that could have reduced liability for CapraTek. In formulating your analysis and recommendations, include the following:

Summarize salient facts alleged in a complaint letter identifying viable legal liability exposure for a company.

Describe associated U.S. laws or regulations and how they are relevant to the identified liability.

Discuss the potential harm to the company, its employees, and its workplace culture that could result from a lawsuit emanating from the selected complaint.

Propose multiple realistic preventative measures that could have avoided legal liability using objective and fact-based arguments.

Identify the individuals and departments that would need to be involved in the proposed measures.

Suggest viable legal defenses the company could assert in a litigation context in order to defeat the complainant's claims, including a rationale for use of the strategies.

Use insights from the interview transcript to think of defenses CapraTek might wage against the plaintiff's allegations.

Legal defenses typically involve a challenge to the allegations themselves, any contribution to the incident on the part of the employee bringing the case, a lack of credible evidence, or other potential factors beyond the control of the employer.

Analyze the ethical implications of the scenario and suggest measures that address ethical issues.

Apply a recognized ethical code or framework and clearly connect the conduct to ethical principles.

Convey purpose, in an appropriate tone and style, incorporating supporting evidence and adhering to organizational, professional, and scholarly writing standards.

Adhere to conventions for spelling, grammar, sentence structure, legal/business terminology, and word usage.

Adhere to writing conventions and APA citation and referencing.

ADDITIONAL REQUIREMENTS
As you complete your assessment, be sure it meets the following guidelines:

Written communication: Use error-free doctoral-level writing, with original (non-plagiarized) content, logical phrasing, and accurate word choices.

Scholarship: Use 5-6 professionally reputable sources to support your main points and analysis. Be sure to include scholarly sources. Course readings may be included among the required sources.

APA formatting: All resources and citations should be formatted according to current APA style and formatting guidelines.
Length: 6-8 typed, double-spaced pages, in addition to the cover page, illustrations, reference page, and appendix.

Font and font size: Consistent, APA-compliant font, 12-point.

Attachment:- Legal Liability.rar

Reference no: EM133192301

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