Reference no: EM131656222

Samuel works as a customer service representative for American Flag Bank (A.F. Bank). Every year, A.F. Bank gives out a generous end-of-the-year cash bonus. Samuel has been looking forward to his bonus because he is counting on the extra money to help pay off some school debt he has. This year, however, the budget has been tight and A.F. Bank can only afford to give its employees a membership to the “jelly of the month” club for the bonus. When Samuel finds out that he is getting the membership instead of the cash, he gets angry and goes online to Facebook. He fires off the following post: “A.F. Bank is run by a bunch of cheap cowards who would rather save a buck than take care of its employees. I’ve worked for this bank for the past 12 years, and I’ve always done a great job. I still have school loans I’m trying to pay off, and my salary isn’t enough to pay for it. I have relied on this cash bonus every year for the past 12 years to help me pay off my debt. A.F. Bank is only concerned about its bottom line. It is ridiculous that it is cutting the end of the year bonus for its employees, when it has already taken jobs away from us by outsourcing to other countries, probably hiring people to work for pennies and treating them badly. Everyone knows that other countries don’t have the same employment standards as the U.S. I bet that A.F. Bank makes all of the overseas employees work 7 days a week for 12 hours. That is just the kind of company A.F. Bank is. I’m so disgusted by their behavior. I guess in the end, it’s all about the money for them, just like every other company.” A.F. Bank has a social media policy which states the following: “Employees are not permitted to post confidential information about the Bank or its customers on any type of social media, or relay that information to anyone who is not an employee of A.F. Bank who is entitled to have that information. Employees are required to act in a professional and respectful manner when posting on social media that is reflective of the values of A.F. Bank. Comments which are discriminatory or suggest violence against others will not be tolerated, and may result in discipline up to and including termination.” Answer the following: 1) Discuss whether Samuel is permitted to make the statements that he made; make sure to identify if there is anything which either protects or prohibits Samuel’s statements in this case (hint: consider Constitutional law, tort laws, and the policy). 2) Discuss whether Samuel would be successful if he tried to sue A.F. Bank to compel it to pay him an end-of-the-year cash bonus consistent with what he’s received in the past on the basis of promissory estoppel. This includes an explanation of the elements of promissory estoppel and whether those elements can be met in this case. 3) What action can A.F. Bank take in response to the comments made by Samuel? Is A.F. Bank permitted to discipline Samuel? 4) How should the social media policy be changed to allow A.F. Bank to have a greater ability to regulate employees’ behavior on social media? Include draft language for this policy.