Fully acknowledgment the questions associated with anniversary case beneath and upload your completed certificate in the dropbox below.There are 6 cases, with 10 questions advance amid them. Anniversary catechism is account 10 credibility for a absolute of 100 points.
Secnario: You are a paralegal with the Weyland-Yutani Corporation. Your bang-up attorney, Sharon Ripley, has asked you do acknowledgment some questions about some HR acknowledged issues that acquire arisen.
The aboriginal case involves Joe Stromboli. Joe is a commitment disciplinarian for Weyland, and afterwards an accident, Joe became 100% deafened in both ears. The doctors were clumsy to restore any of Joe’s hearing. Joe’s manager, Stephanie, believes that advice with advisers and the recipients of the deliveries is an capital action of the job. Additionally, Joe needs to be able to participate in the aggregation meetings. Joe’s administrator was borderline whether to proceed, so she referred the case to the Weyland-Wutani medical staff. The medical agent took one attending at Joe and said no adaptation is possible. Aback asked why, the doctor said “Joe’s deaf.” Joe was terminated, and he has now filed a clothing for abortion to analytic accommodate.
The job description for a Weyland-Yutani commitment disciplinarian states that the agent charge be able to advance a Commercial driver’s license. Additionally, commitment drivers are accepted to booty orders from assorted employees. This is commonly done via duke radio. However, Joe has a corpuscle buzz able of accepting argument letters and emails that could acquiesce him to booty orders. Furthermore, Joe has offered to backpack a pen and cardboard about so that advice could additionally be done this way. Joe’s deafness had no aftereffect on advancement his CDL, and the close expects it would accomplish these apartment adequately cheaply.
Can Joe authorize a affirmation for abortion to analytic board disability? Be abiding to account the elements of the affirmation and to appearance how you accomplished your conclusion.
What mistakes—if any—were made? How can these be adapted in the future?
The additional case involves Johnson. Johnson is a attic administrator in the plant. 55% of the time he is affianced with accustomed production. However, 45% of the time he is affianced with authoritative his zone, advancing schedules, and ambidextrous with cadre disputes. If there is a problem, he is amenable for mobilizing his breadth to boldness equitable. He additionally spends times affair with his superiors in adjustment to accommodate letters on ability of advisers and on any alternative problems that acquire arisen. For this, he receives 10% added money than his subordinates. He had beforehand been classified as an FSLA absolved employee. Now, he is arduous that designation. Although Weyland has a austere no-overtime policy, Johnson has been assuming up to assignment aboriginal to alcohol a cup of coffee, smoke a cigarette, accomplish abiding schedules are prepared, doors are unlocked, and advancing workstations for the day ahead. He about arrives an hour aboriginal to accomplish these tasks. Weyland knew that Johnson was advancing in early, and alive 45 hours a week.
Is Johnson an absolved employee? Be abiding to account and altercate the applicative acknowledged standards as able-bodied as some of the factors the cloister will consider.
Was Johnson’s pre-shift assignment preliminary?
Was Johnson’s assignment de minimis?
Does Weyland’s action adjoin overtime beggarly they don’t acquire to pay?
Weyland wishes to adapt their alimony plan. The accepted plan allows advisers to either acquire $500 a ages or $100,000 upfront aloft retirement. Both affairs additionally action a anniversary admission to the aggregation retreat cruise. Seeking to incentives bodies to acquire $500 a month, Weyland wishes to tie the admission to advisers accepting $500 a ages alone to administer retroactively to $100,000 agglomeration sum plan.
Does this breach ERISA? Why or why not?
Weyland became acquainted that a abutment acclimation attack was underway in one of its plants. A abutment adherent was alleged in to a affair with bulb managers. At the end of the meeting, aback the agent asked what he was declared to do if others capital to allocution with him about unionizing, he was told “[Y]ou’re to aloof assignment and not allocution about the Union.” Afterwards abutment supporters acquaint actual on aggregation account boards, the flyers were again taken down. The aggregation again issued a action acute all advisers to access approval afore agreement any actual on the boards. Subsequently, the company’s convenance was to debris to column actual of any affectionate from employees.
A few months later, several off-duty advisers attempted to administer prounion flyers in the aggregation parking lot but were chock-full by aggregation officials. They were warned that they were in abuse of aggregation policy. About the aforementioned time, advisers anesthetized out abutment buttons in the bulb and larboard some of them abreast a time alarm for alternative advisers to aces up.
When aggregation admiral abstruse of this activity, they bound alleged a affair and warned one abutment apostle that “I don’t appetite to bolt you casual [buttons] out, Okay, I don’t appetite to see them laying around. You can canyon them out aback you’re outside, on your own time, but aback you’re actuality working, you, you, charge to be working.” The admiral said that this action was taken to accumulate the bulb chargeless of ataxia and trash.
Has Weyland affianced in arbitrary action practices in its acknowledgment to the abutment acclimation activity?
At the end of her shift, a 19 year old agent at Weyland was questioned by two abundance aegis officers. She was questioned in a baby allowance for three hours. One of the aegis admiral sat abaft her on the appropriate ancillary breadth she could not see him (she was dark in the appropriate eye). She was asked to assurance a certificate advertence that she was voluntarily waiving her “rights,” including the appropriate to abide silent. When she asked for added account of the certificate afore she active it, she was told that it “doesn’t beggarly anything” unless you’ve “done article wrong.” A aegis administrator threatened to alarm the badge and acquire her confined unless she active a confession. She was told that the claiming could aftermost all night and that if she active a acknowledgment she could apparently accumulate her job. Beneath these affairs she signed. She was accursed two canicule later. The agent claims that she is agitated and award it more difficult to sleep.
Does the sales being acquire a affirmation for advised accident of affecting distress?
A changeable crane abettor was told it was Weyland action that crane operators defecate over the ancillary of their cranes rather than stop assignment to booty bath breaks. Management justified the action by adage that there was a curtailment of agents and that it was all-important for the cranes to accomplish continuously in that breadth of the plant. Shifts for crane operators were about twelve hours. There was affirmation that the aforementioned action was activated to macho crane operators and that they commonly urinated over the ancillary or aback of their cranes in lieu of bath breaks.
Does the changeable crane abettor acquire a accurate sex bigotry affirmation beneath disparate impact? What about disparate treatment?
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