Potential issues and legal repercussions

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Reference no: EM133042876

EMPLOYMENT CASE SITUATION SCENARIO Facts:

1-Selena Gomez worked at Flowers Are US, preparing very large flower orders and placing them in boxes and various packages with wrapping the boxes to secure them to then place them in delivery vans to be loaded to then deliver them to funerals, bar mitzvahs, weddings, funerals, conferences, events.

2-Ms. Gomez worked in a unit with Taylor Swift, Miley Cyrus, Nellie Furtado and Billie Eyelash. Their Supervisor was Bruno Marz.  The van drivers who would then drive the trucks this unit would bring and load the orders into were Chuck Roast, Rib Cage and Willy Nelson.

3-Selena, Taylor, Miley and Nellie were all good friends and often joked and might hold hands, hug each other, tease each other, push or pinch each other. Billie was more to herself but got along well with them. Chuck and Rib were goofy and found them funny and would joke with them too. However, Willy Nelson made it clear he did not like the behaviour. He said he was very religious and found it inappropriate the women held hands, touched each other, hugged each other and said their joking with Chuck and Rib was also inappropriate. He would constantly tell them that their behaviour was inappropriate, but they would ignore him.

4- The usual workday was 9 am to 6 pm with two one-half hour breaks. They worked in a very large warehouse behind a storefront with three loading docks for the vans that would come and go. The ladies would not only prepare the deliveries but load the trucks. The drivers were solely responsible for delivering on time and unloading.

5-On a Friday, at 4 pm, the team was sitting around playing cards, joking, talking and Miley and Taylor were arm wrestling with others cheering them on as all orders had been done. Suddenly a last-minute order came in, and the team was told they had an hour to prepare it and load it because the deadline for delivery was 6 pm. Bruno said he knew it was a very big order, so he would give the loading team a bonus if they worked fast and Willy was the last van there, and he became nervous, saying he could get caught in traffic if he did not leave at exactly 5 pm to get it to the customer for 6 pm.

6-Wile they worked, they sang and joked and laughed. Nelson told them to stop joking as they would be late, and they told him to mind his own business, and they would be on time.

7-Selena did pinch Taylor's backside as she bent down to fix a load, and Miley at one point blew in Nellie's ear, and Nellie and Billy gave each other high fives. 

8- At one point, Nellie said she puled a neck muscle rushing, and Taylor briefly stopped and massaged her neck to get the kink out. At that point, Nelson, who had been pacing anxiously, climbed up on the dock and began screaming at them and stated, " your inappropriate touching and goofing around was delaying the work, and he would not stand for it.

10. He then got close to Nellie's face and told her to stop playing with Taylor. Taylor and Billie then pushed Willy out of her immediate space, and he tripped off the dock and, although he did not appear to be injured, was embarrassed as they all laughed at him.

11. The load was then completed, and they all began laughing at him and making rude gestures and noises. He got in his truck and screamed at them he would file a complaint.

Issue: On Monday morning, Nelson left a memo claiming the unit was engaging in unsafe practices, delayed the delivery by goofing around and engaging in inappropriate sexual behaviour and had attacked and injured him.

Your question: Bruno Marz who saw nothing and is married to Taylor's brother was asked by the owner of the company, Don Trumpet to write a report as to what happened and work with you brought in as the human resources consultant to resolve the matter and determine what actions should be taken.

1. Who and what should be investigated, and what evidence would you consider? 

2. Who should you question, and what actions should be investigated?

3. What are the potential issues and legal repercussions? 

4. Make up any additional information. Consider this a first-time complaint.

Reference no: EM133042876

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