Reference no: EM133339002
Assignment:
Introduction:
The following fact pattern describes multiple work-related incidents at an insurance company in Kansas that involve various labor and employment law issues that managers may confront in a non-union and/or union workforce setting.
Instructions:
Please analyze the presented scenario and address the issues in essay form. Be sure to cite course readings to support your position.
When Ida arrived at the meeting following the events of the previous scenarios, Sam and Patty stated that they believed her time with Leaky Roof was winding down and that she should consider resigning. When Ida refused to resign, they offered her a severance package to go along with her resignation. Ida again declined. Ida told Sam and Patty she felt they were trying to "get rid of her." Both Sam and Patty insisted they were only trying to do what was best for Ida and the company. Ida let them know that she would fight if they tried to fire her and stormed out of the office.
Ida also called Robert and shouted at him that the Union was letting the Company harass her and did nothing. She told Robert that when she sued, she would sue everybody.
A week before Ida was due to return to work, she received a letter from Leaky Roof informing her that the Company was terminating her employment. Ida wrote a letter to Union President Jones telling him that she had been fired and asked him whether she should file a grievance. Robert thought that he should file a grievance for her, and he contacted Diana to discuss it. After his conversation with Diana, Robert decided not to call Ida since Diana told him she was irrational, since she had been so upset the last time they spoke, and because he thought she might sue the Union.
1. Explain whether Ida has a wrongful discharge claim against Leaky Roof.
2. Explain whether Ida has a claim against the union for a breach of their duty of fair representation?