Employment Law Survey

 Exam

Fall 1999

Part I:

[50 percent]

Brad Jones has been employed by the Vigilant Security Company for 18 years. The company provides security guards and conducts background checks of potential employees for its clients. Mr. Jones began as a security guard and is now the Director of Operations. He reports to the president of the company. His performance evaluations have been consistently positive during his employment and he has received regular promotions and bonuses. The departments he manages have been considered well organized and are responsible for a sizeable portion of the company's overall profits.

In late 1998, Thomas Smith was named president of Vigilant. When he came to the company, he brought Nancy Carlson with him as his administrative assistant. She held a similar position for six years at his former employer. Smith clearly relies heavily upon Ms. Carlson in connection with the day-to-day management of the company. Smith has stated repeatedly that Carlson speaks for him, and that any request she makes should be considered a request from him. Ms. Carlson clearly enjoys her level of influence and does not hesitate to offer her opinions or advice to Smith. It is widely believed within the company that Carlson "gets whatever she wants" and that she is immune to criticism or question due to her close working relationship with Smith.

For many years, the management employees of Vigilant have had an informal practice of gathering at a local bar for 'happy hour' on Friday evening. Jones attends regularly. While Smith has never joined the group, Ms. Carlson is a frequent participant. In recent weeks, after having a few drinks, Carlson has openly made sexual advances to Jones on several occasions. Several other employees have witnessed her conduct. Jones has asked her to refrain from doing so, and has told her that he is not interested in a relationship with her. She has persisted, and has sent flowers to his home and regularly sends greeting cards and notes expressing her interest in him. Jones has discussed the situation with others in the workplace, and has stated that he does not know how to handle the situation.

After Smith became president of Vigilant, he began to examine the operation of the company. As a result, he has begun to raise serious issues about Jones' performance. He believes that Jones is inefficient and disorganized, and that the vast majority of the management of Jones' department is actually done by subordinates who 'work around' Jones.

As a part of his takeover of Vigilant's management, Smith also ordered an audit of the use of the company's computers. Based upon that audit, it appears that Jones has been using the company's computers during the workday to conduct background research for what seem to be his personal business clients. An after-hours search of his desk has revealed a supply of fax cover sheets for "Brad Jones & Company" using Vigilant's fax number. In addition, Jones' cellular phone records show numerous phone calls made during working hours that cannot be attributed to company business. Finally, records were also found during the search of Jones' office that revealed that Jones had conducted an extensive investigation into the personal and professional backgrounds of both Smith and Carlson.

As a part of new policies instituted by Smith at Vigilant, all employees, including managers, were warned that the company would be monitoring attendance more closely and that employees were expected to be at work on time and to refrain from extended lunchtime absences from the building. Carlson has directed the security guard at the reception desk to note the time that Jones arrives each day and to keep track of all of his absences from the building. Jones is the only employee who is being monitored in this fashion.

Recently, Jones was told that he should no longer attend the monthly meeting that Smith holds with all of the company's managers. No explanation has been given for his exclusion from the meetings.

Jones has left a message on Smith's voice mail that he is too stressed to come to work and that he is sick of being 'hounded'. His message goes on to state that he will be out for the foreseeable future, and that he expects to be paid for any absence. He has refused to provide any further information regarding his condition and has directed that no one from the employer is to contact him for any reason.

Smith would like to terminate Jones immediately. As counsel to Vigilant, what advice would you give?

What causes of action, if any, are available to Jones? Analyze each.

3. Would any part of your response be different if Vigilant were a public agency rather than a private company? If so, how would your answer change?

Part II:

[20 percent]

Your client is a new business that will be providing transportation for elderly people. You have been asked to recommend what investigation or screening, if any, should be undertaken with respect to new employees. Briefly outline what steps you would recommend to the company and explain your rationale for each recommendation.

[10 percent for each subpart]

Your client is the City of Brownsfield. A snow plow driver employed by the city has been arrested for sexual assault. At the time of his arrest, he was found to have a loaded handgun and a small amount of marijuana in his car. The arrest has been heavily publicized and the man has been identified as a city employee in the news media. Both the incident and the arrest took place during off-work hours. The city manager wishes to immediately fire the driver. What is your advice? Explain.

Your client is about to provide its employees with workplace access to the Internet and an e-mail system. Prior to doing so, the company has asked for your advice regarding any policies that you recommend that it adopt regarding the employees' use of these items. What is your advice? Why?

Your client is a large company that provides cleaning services to private homes. Employees are sent to the homes in company owned vehicles. Although employees generally work in pairs, the company has a policy requiring that every employee have a valid driver's license. Joan Anderson is a long-term employee who has begun having seizures, including at least one while working. The company is extremely concerned about her ability to continue to drive. What is your advice? Why?