Reference no: EM133322560
Assignment:
Scenario 1: Courts and ADR
Ben Watson works as a project manager at the corporate headquarters of Jabil Circuits in St. Petersburg, Florida. Watson regularly spends time on the office computer surfing the Internet for sports news and playing his favorite slot machine games with the sound muted. Watson usually sends personal emails from his Gmail account, but he occasionally uses his Jabil account when he is too lazy to access his account.
The human resources manager, Freda Fitch, called Watson into her office on Friday afternoon, where he was asked about the emails sent to friends containing jokes of a sexual nature. The director also questioned him about using the Internet to play slot machines and other computer games. Watson was terminated for violating provisions of the employee handbook and escorted out of the building.
The employee handbook contained standard provisions explaining that company property, including computers, email, software, and access to the Internet, were for business purposes, and employee use was subject to monitoring. The company policy also prohibited sexual harassment, discrimination, violence, and other illegal acts, including computer transmitting such information. Violations of the stated policies include disciplinary action that may result in termination. The handbook also contained a provision that required all disputes arising from the employment relationship that cannot be resolved internally to be resolved through the alternative dispute resolution process of mediation.
Since Watson believes he was wrongfully terminated and violated various rights, he plans to consult with a lawyer and sue his employer. What are Watson's options concerning resolving his claims through the court or ADR?
Scenario 2: Constitutional Rights
Since Watson had some free time after being dismissed, he stopped by the Daiquiri Shak, hoping a drink would make him feel better. Several hours later, as he was on the way home, Watson was pulled over by Dale Crespo, an officer in the local police department. The officer noticed a slight slurring of Watson's words and poor motor skills when exiting the vehicle. Crespo requested that Watson take a breathalyzer test, but he refused. The officer spotted a beer can on the car's seat and searched Watson's car. When searching the vehicle, the officer found a loaded handgun and an unmarked bag of pills that looked like OxyContin.
Did Officer Crespo violate any of Watson's constitutional rights? Explain.
Scenario 3: Torts
One week after Watson was terminated, Jabil received a phone call from the human resources department at Tech Data seeking to obtain a reference for Watson. Fitch, the human resources manager for Jabil, answered the standard questions, but when asked if she would rehire Watson, she commented.
"Off the record, Watson was terminated for theft. I would not rehire him because he is lazy and may have been involved with drugs too."
Fitch rationalized the part about theft since Watson stole time from the company and made up the part about drugs because she did not want Watson to get the job. Tech Data did not hire Watson.
Did Fitch commit any torts? Explain.
Scenario 4: Intellectual Property
A new position in advertising was created for Vicki Talley, the niece of Jabil's CEO. Talley was a senior at Southeast University, majoring in marketing, and Talley was in charge of revitalizing the company's website. Talley copied images from various websites and pasted them into Jabil's site. Delores Banks was a full-time law student who interned at Jabil. After reviewing the new website, Banks explained to Talley that using images and text without permission violates intellectual property laws. Talley explained that she could use pictures because everything on the Internet is accessible for people to use. Talley also suggested that Banks read about the fair use doctrine covered in her business law class.
Did Talley violate intellectual property laws?