Reference no: EM131597307

Complete analyses on the case study. Answer all questions in the case study and write 600 words or more for each question. Please make sure you use proper academic resources and proper APA standards for each answer. A minimum of two outside sources are required per question.

1. Assume you are the judge in this case, what decision would you reach? Why?

A fifty-three director of an assisted living facility was terminated. Top managers regularly made statements such as Silver Oaks should be a "youth-oriented company," there was "no room for dead wood," Silver Oak was a "young company" that "enjoys hiring energetic people," the company was "missing the boat by not hiring more younger, vibrant people," and that employees "should start looking over applications better and try to consider hiring younger people." On several occasions, the director was pressed to discipline and terminate older employees, which she refused to do. Following her refusal, she was disciplined and placed on indefinite probation for allegedly admitting a patient without permission and terminating an employee without having another administrator present. However, the director claims she did receive permission to admit the patient and that the administrator who would have been present for the termination told her that she did not want to attend. The director was eventually terminated. She had been on an approved medical leave for several weeks. Her supervisor told her that he wanted her to call in everyday while she was on medical leave. She did not do that. She was initially told that she was terminated for failing to call in each day. But the list of reasons for termination was subsequently expanded, with different administrators citing different reasons. The terminated director sued. What should the court decide? Why?

2. Assume you are the judge in this case, would you decide in favor of the plaintiff? Why / why not?

A female attorney was an associate at a law firm. Soon after she began working at the firm, the managing partner learned that she had a young child. The partner said that he was upset because she had not said anything about the child when she interviewed.The attorney believed that the partner started treating her worse than male associates, using very harsh language toward her, talking about "the commitment differential between men and women," and telling her a story about how incredulous he was when a female partner who had been on maternity leave asked about achieving partnership. Fearing discrimination against women with children, the attorney raised her concerns with a number of people within the firm, including partners in another office of the firm. When it got back to the partners in her office, they were incensed that she had gone outside the office to complain. Partners talked about how the attorney had "caused a problem for"and "embarrassed" the office by complaining to another office.Later that year, discussion occurred about what to do regarding the attorney's"situation."A decision was made to withhold the attorney's annual pay increase pending the results of her performance evaluations.When a number of the evaluations came back negative, the attorney was terminated. All of the negative evaluations were from partners in her own office, while partners from another office gave her positive reviews. She sued. What should the court decide? Why? (Gallina v. Mintz Levin, 123 Fed.Appx. 558 (4thCir. 2005). A minimum of 600 words and two outside sources are required per question.

3. Read the case study and then explain how the court should decide in this case. Please include a full justification for your decision.

Gail Davis worked as an executive assistant to Motown legend Diana Ross. After about a year, the woman voluntarily resigned. About a year later, Diana Ross wrote and distributed the following letter:

"To Whom It May Concern:
The following people are no longer in my employment. [List of former employees including Gail Davis]. If I let an employee go, it's because either their work or their personal habits are not acceptable to me. I do not recommend these people. In fact, if you hear from these people, and they use my name as a reference, I wish to be contacted."
Gail Davis had not used Ms. Ross as a reference, nor had any employer requested information from Ms. Ross about Gail Davis. Ms Davis sued Ms. Ross. What should the court decide? Why? (Davis v. Ross 754 F.2d 80 [2d circ. 1985]). A minimum of 600 words and two outside sources are required per question.

4. Read the case study and explain how the court should decide in this case. Please include a full justification for your decision.
A truck driver applied for a job. The prospective employer contacted former employers, including another trucking company that had terminated the applicant's employment two years ago. The report from the previous employer indicated that that the applicant had been arrested while he worked for them and he had tested positive for drugs. The office worker who completed the report based on personnel records later acknowledged that the statement about the positive drug test was a "mistake on her part." Regarding the arrest, the company had received several reports that the driver had been involved in an altercation with another truck driver at a truck stop and put the information in his personal file. However, there is no official record of an arrest and no proof that it ever happened. The applicant was not hired and sued his former employer for defamation. What should the court decide? Why? (Black v. Usher Transport, 2011 U.S. dist. LEXIS 32775 [S.D. Ohio]. A minimum of 600 words and two outside sources are required per question.