Reference no: EM131603059
Assignment
Prepare a 5 to 8-page paper that identifies the legal issues and potential solutions and answers all questions presented, supported by relevant legal authority. Properly cite all sources using APA format.
This assignment requires application of the concepts learned in Weeks 1-3 and is worth significantly more than previous assignments.
Scenario
Will Doolittle works as a financial analyst at the corporate headquarters of Home Décor Stores in Atlanta, Georgia. Doolittle regularly spends time on the office computer sending email to his friends and playing his favorite slot machine games with the sound muted. Doolittle usually sends the personal e-mails from his own Gmail account, but he occasionally uses his Home Décor account when he doesn't want to bother accessing his personal account.
The manager of human resources, Lida Lott, called Doolittle 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 the use of the Internet to play slot machines and other computer games. Doolittle 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 any form of sexual harassment, discrimination, violence and other illegal acts, which includes transmitting such information by computer. 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.
Angry after his dismissal, Doolittle stopped by Burger and Brew, hoping a few beers would make him feel better. Several hours later as he was on the way home, Doolittle was pulled over by Laura Norder, an officer on the local police department. Detecting a strong odor of alcohol, Norder requested that Doolittle take a breathalyzer test, but he refused. The officer spotted a beer can on the seat of the car and searched Doolittle's car. When searching the car, the officer found a loaded handgun and an unmarked bag of pills that looked like OxyContin.
Two weeks after Doolittle was terminated, Home Décor received a phone call from the human resources department at DIY Home Innovations seeking to obtain a reference for Doolittle. Lida Lott, the human resources manager for Home Décor answered the standard questions, but when asked if she would rehire Doolittle, she made the following comment.
"Off the record, Doolittle was terminated for a cause. I would not re-hire him because he is lazy and may have been involved with drugs too."
Lott made up the part about drugs because she did not want Doolittle to get the job. DIY Home Innovations did not hire Doolittle.
A new position in advertising was created for Lacey Fair, the granddaughter of Home Décor's CEO. Lacey was a senior at Western University, majoring in marketing. Lacey was in charge of revamping the company's website. Lacey copied images from various websites and pasted them into Home Décor's site. Susan Wynns was a full time law student who worked as an intern for Home Décor. After reviewing the new and improved website, Wynns explained to Lacey that using images and text without permission violates intellectual property laws. Lacey explained that she could use the images because everything on the Internet is free for people to use. Lacey also suggested that Wynn go read about the fair use doctrine that was covered in her business law class.
After Doolittle resolved his issues with his arrest, he created a blog called Death to Home Décor. The blog contained a picture of the Home Décor logo and CEO in a casket. Doolittle promises readers that he will provide stories about working for Home Decor and invites his readers to tell their stories. In the first article, Doolittle included a cartoon of his boss flying on a broomstick. The second article provided details about a coworker who is having an affair with her manager.
Based on the different situations described in the scenario, create a 5 to 8-page Microsoft Word document that includes detailed answers to the following questions. Support your answers with sources such as examples in your textbook, cases, statutes and other scholarly information found in your research.
o Doolittle claims the employer violated his rights by monitoring his personal email and use of the Internet. What are the legal rights of the employer and the employee in this situation? Explain. Is Doolittle correct in his allegations? Why or why not?
o Since Doolittle believes he was wrongfully terminated and various rights were violated, he plans to consult with a lawyer and sue his employer. What are Doolittle's options with regards to resolving his claims through the court or ADR?
o Did Officer Norder violate any of Doolittle's constitutional rights? Explain.
o Has Lida Lott committed any offenses? Explain.
o Did Lacey violate intellectual property laws?
o Has Doolittle committed any violations in his Internet postings concerning his former company?
• Discuss any ethical issues that might be present in the scenarios.
Based on the different situations described in the scenario, create a 5 to 8-page Microsoft Word document. Support your answers with appropriate research, reasoning, cases, laws, and other relevant examples.
Submit the paper in APA format and properly cite sources on a separate page using APA.