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Business Law 1 Week 3 Assignment 2

Assignment 2: Legal Issues Case Study


Part I Read the scenario and the questions
that follow.

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Business Law 1 Week 3 Assignment 2


Assignment 2: Legal Issues Case Study Part I
Read the scenario and the questions that follow. Identify the legal issue(s) and apply legal concepts
and possible arguments for each question. Prepare a solution for each question using laws, cases,
examples and/or other relevant materials. At the end of the paper, identify potential ethical issues
and propose a solution for each issue. Support your answers with information from the textbook and
at least two outside scholarly sources. By Tuesday, April 26, 2016, 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 13 and is worth significantly
more than previous assignments.
Scenario
Will Doolittle works as a financial analyst at the corporate headquarters of Home Dcor 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 Dcor account
when he doesnt 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 Doolittles 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 Dcor 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 Dcor 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 Dcors CEO.
Lacey was a senior at Western University, majoring in marketing. Lacey was in charge of revamping
the companys website. Lacey copied images from various websites and pasted them into Home
Dcors site. Susan Wynns was a full time law student who worked as an intern for Home Dcor.
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 Dcor. The
blog contained a picture of the Home Dcor 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.
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?
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?
Did Officer Norder violate any of Doolittle's constitutional rights? Explain.
Has Lida Lott committed any offenses? Explain.
Did Lacey violate intellectual property laws?
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.
Submission Details
Name your document SU_BUS1038_W3_A2_LastName_FirstInitial.doc.

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