EXAM

Employment Law Survey - Professor Dobbins

Spring 2006

Question 1 [30%]:  Your client is a company that will own and operate transitional housing for mentally ill or chemically dependent adults who are being released from hospital facilities.  The transitional facilities are designed to be small with a ‘home-like” atmosphere.  They will be staffed 24 hours a day, and will house persons who are considered vulnerable adults.  The company is about to hire overnight staff for two of the facilities.  The staff people will generally work alone.  Among their duties will be the administration of medication and the monitoring of residents.  Please recommend a hiring process for the position and include an explanation for your recommendation.

            Question 2 [10%]:  Your client is a large metropolitan area county.  The County has proposed the construction of a new stadium for the local professional baseball team, to be constructed in part with an additional sales tax imposed by the County.  The proposal is very controversial within the community and among county employees.   In particular, a group of social workers employed in the County’s Child Protection Department have been very vocal in opposition to the plan.  The group’s principal argument revolves around their contention that the County’s budget for Child Protection activities [as well as other social services] has been dramatically cut in recent years; the group alleges that as a result the County is not meeting its most basic child protection responsibilities.  The employees’ activities have included appearances at public hearings at which the stadium proposal was discussed, where they identified themselves as County employees and spoke in opposition to the proposal.  In addition, they have posted anti-stadium signs in their offices and have been wearing anti-stadium buttons while at work.  Finally, there have been instances of very vehement arguments between stadium supporters and opponents in the workplace.  The employer would like to prohibit or limit the employees’ activities with respect to the stadium proposal.  What is your advice, and why?

            Question 3 [10%]:  Your client is a former bartender at a bar located near a local college campus.  She was recently terminated, after being told that she did not “fit into” the image that the bar was promoting.  She is 50 years old and has worked at the bar for 17 years.  She has always received very good reviews and had received no discipline during her employment.  The bar has recently launched a number of promotional activities aimed at younger patrons, especially those of college age.  In addition, about 2 months ago there was an investigative report aired on a local television news program alleging that the bar regularly served alcohol to underage athletes who played on the college’s football and hockey teams.  The news report included film footage of the bar owner and the bar’s bouncers greeting the athletes at the bar’s entrance and permitting them to enter without checking their IDs.  The report stated that it was based upon reports that the television station had received from an employee at the bar.  The news report resulted in both a police investigation and an investigation by licensing authorities.  Your client has been told that her former employer has obtained “evidence” that she was the source of the news report.  What claims, if any, may be available to the employee?  What defenses, if any, would you anticipate to be raised by the employer?

            Question 4 [10%]:  Your client is the local park system.  It hires teams of seasonal workers to perform maintenance work at the parks during the spring, summer and fall.  The employees work in teams, performing a variety of work.  Some work involves the use of power machinery, but many tasks do not.  The employees check in at a central facility, pick up the equipment they need for the day and then travel to the specific job site.  The job description for the position states that a drivers’ license is required for the position.   An application has been received from an individual that has worked for the park system in each of the previous 6 years.  He has been a very good employee and is well-liked by those who worked with him.  However, he was involved in a very serious car accident over the winter that resulted in a significant head injury.  As a result he suffers from a seizure disorder and is not permitted to drive.   What should the employer do regarding the application?  Why?

            Question 5 [10%]:  Your client has received a report that certain employees [including supervisory employees] are receiving or exchanging emails containing sexual banter, jokes and comments.  The report has come from an employee who claims to have overheard the employees laughing about one of the emails, but has not seen them.  She stated that she was “extremely offended” by the conversation that she overheard, and she believes that the employees should be disciplined for their conduct.    The employer is aware that the complaining employee has recently been disciplined by one of the supervisors that she is now complaining about due to her poor attendance record.  What, if anything, should the employer do with respect to the complaint?   What, if anything, should the employer do to prevent future issues of this type?

            Question 6 [30%]:  Your client is a hotel.  A new manager has recently been hired.  The manager has raised concerns about the number of housekeeping employees who appear to be immigrants.  He has directed the human resources manager to immediately review the personnel files of those employees to determine whether they are eligible to work in the United States.  If the documentation for any employee appears “suspicious” he has directed that the HR department conduct an investigation regarding the employee’s immigration status.  In addition, he has directed the housekeeping manager to inform all employees that they are only permitted to speak English in the workplace, in particular when they are within the hearing distance of a guest.  The rule is to apply at all times, even when the employees are speaking to each other.  He stated that he believes that this is important in order to make the guests feel “welcome”.  

The manager has learned that the hotel’s van driver was arrested last year for domestic assault.  The incident occurred in the employee’s home, not the workplace.  The matter was “continued for dismissal” for one year, meaning that the matter would be dismissed at the end of the year if the van driver did not commit a similar offense.  The employee was required to attend anger management counseling, which he completed successfully.  The year has expired.  The manager would like to dismiss the van driver immediately, stating that he “is a ticking time bomb”.  The van driver has been employed by the hotel for four years and has a generally good employment record.     

            There have recently been a series of armed robberies at hotels in the area.  The front desk employees have expressed concern about their safety, particularly because there is only one clerk on duty during the overnight hours.  The manager’s response is that the threat of robbery “goes with the territory” of being a desk clerk in a hotel.

            Finally, the hotel has received a request from one of the front desk clerks asking that he no longer be scheduled to work on Sunday.  He stated that he has recently experienced a religious conversion, and his religious beliefs do not permit him to work on Sunday. 

            What issues are raised by each of these situations?  What actions, if any, should the employer take?