Reference no: EM133197122 , Length: 6 pages
Assessment: Critical Incident Analysis
Write a 5-6 page paper analyzing the critical incident at CapraTek.
INTRODUCTION
As a result of the chart and memorandum you created for your consulting client, legal counsel for CapraTek has determined that the company experienced a critical incident related to COVID-19 that has resulted in serious legal risks. The critical incident includes a potential failure to implement appropriate precautions in the workplace and a potential failure to properly select essential workers to remain onsite during the pandemic. The company has hired an outside investigator to interview five key CapraTek employees regarding this incident. The CEO has now asked you to analyze the interviews of these employees and write a memorandum in narrative form addressing the six deaths reported in the wrongful death worker complaints.
In this assessment, you will analyze the transcript of interviews with five key CapraTek employees and write a memorandum in narrative form addressing the following for each of the wrongful death complaints. See the CapraTek Key Employee Interviews.
Identify actions, errors, and omissions that may have contributed to the six wrongful death complaints; assign each action, error, or omission to the individual(s) involved.
Analyze potential legal liabilities to the company resulting from the incident supported by references to the legislation, order, or recommendation involved.
Refer to the specific U.S. law, regulation, recommendation, or order involved.
Assess the severity of the legal risk for each complaint. Include a summary of the plaintiff's case and potential defenses against each claim.
Address the severity of potential legal liability.
Summarize the plaintiff's potential case.
Describe any defenses CapraTek might be able to assert to avoid liability.
Identify any unanswered questions and additional individuals to be interviewed, providing your rationale indicating why they should be interviewed.
Evaluate the skills of the interviewer, including their selection of key employees interviewed, facts gathered, thoroughness of interview questions, confidentiality of the interview transcript, and any omissions by the interviewer.
Indicate what, if anything, you believe the interviewer left out that should have been included, or that they included that should have been left out.
Explain confidentiality and privilege considerations for the interview transcript that address protections for both the company and the interviewed employees.
If this transcript were obtained by a plaintiff's attorney, could it be used at trial against the wishes of CapraTek?
For the interviewed employees, what are the limits of confidentiality that protects them?
Convey purpose, in an appropriate tone and style, incorporating supporting evidence and adhering to organizational, professional, and scholarly writing standards.
Memorandum should be concise, well organized, and written in narrative form,
Adhere to conventions for spelling, grammar, sentence structure, legal/business terminology, and word usage.
Adhere to APA citation and referencing standards.