Reference no: EM133191453 , Length: 8 pages.

Assignment: Administrative Law- Memorandum of Law- Wrongful Discharge Act of the US Virgin Islands Memorandum

Jalen Q is employed at VIYA, LLC ("VIYA") a telephone, internet, and cable provider on the island of St. John, U.S. Virgin Islands since January 1,1995. Employment opportunities at VIYA were severely impacted by the pandemic in June of 2019 and the company began a major re-organization of its operations.

Jalen Q. was notified by the Talent Manager at VIYA that his employment status would be changed on September 1, 2020 from being a contractual employee to that of a managerial executive. He was concerned with the change in job classification because as managerial executive he could be terminated at will and since he need just two more years to retire with full retirement benefits, it would be to his detriment to accept the job change. However, the adjustment in salary was very attractive and Jalen Q. needed the additional funds to support his family. He reluctantly accepted the management executive job on October 1, 2020.

On December 1, 2020 was notified that another re-organization plan was adopted by VIYA and due to the downturn in the economy because of the pandemic, his management executive position would be eliminated and he would be demoted to a position that paid considerable less than his current position and would become a contractual employee subject to an arbitration clause at it pertained to termination. When Jalen Q. found out that they had hired a younger employee to do similar tasks he performed as a management executive but only changed the title, he objected to the demotion and refused to sign the new contract.

VIYA terminated his employment on January 1, 2021 upon his notification that he would not accept the new position and therefore he was not executing the new contract of employment.

Jalen Q. hired a labor attorney who filed several causes of action on April 1, 2020 in the Superior Court of the Virgin Islands against VIALCO stating that his client was wrongful discharged under the Virgin Islands Wrongful Discharge Act.

Task

I. VIYA claims in its defense that the Wrongful Discharge Act of the Virgin Islands is unconstitutional. How should the court rule on this claim?

II. Whether the Superior Court and/or the District Court of the U.S. Virgin Islands has jurisdiction to hear Jalen Q. wrongful discharge claim.

III. Whether the court will dismiss Jalen Q.'s claim because he was a contractual employee.

IV. Whether the demotion of Jalen Q. is considered to be constructive termination.

V. What are the remedies available to Jalen Q. if he wins this lawsuit?

VI. What other defenses will VIYA utilize in the lawsuit filed by Jalen Q. for wrong discharge?

Length: 8 to 10 Pages.

Attachment:- Cases.rar