Question
1.) Tommy Teenager (TT) is an enthusiastic, new employee at a local grocery store, Food Fetch (FF). His boss is Mary Manager (MM). One day,
1.) Tommy Teenager (TT) is an enthusiastic, new employee at a local grocery store, Food Fetch (FF). His boss is Mary Manager (MM). One day, while accepting a shipment of food from Dandy Distributor (DD), Mary tells the DD driver about TT. She exclaims in front of TT what a great job he is doing, and that she would not be surprised if he ended up running the place someday. One very busy Saturday, before a blizzard is forecast to hit the area, TT is the backroom working when DD pulls up with a delivery. DD is in a hurry to get unloaded and get on the road to beat the weather, and DD remembers what MM told him when he sees TT; DD asks TT to sign for the shipment. TT does not have any idea what he is doing. Still, he realizes how rushed MM is and how FF is running low on groceries on this busy, snowy Saturday. TT just wants to help, and signs for the shipment. TT puts the invoice on MM's desk but forgets to tell her about it. Three months later, DD calls MM to ask when she is going to pay for the shipment. MM knew nothing about TT signing for it and did not see the invoice on her messy desk. How would you explain why FF might be liable to pay, while also distinguish liability for agents and principals. Additionally, does it matter whether MM knew TT did or did not have authority to act on behalf of FF?
2.) Big Business (BB) employs Oscar Outspoken (OO). OO has worked in the warehouse at BB for years. He is not management, but due to his experience and political savvy, he has become a de facto leader of the warehouse workers. BB has grown tired of OO's complaints, and BB believes OO's continued employment at BB will result in workers complaining like him. To stop further trouble, BB fires OO without giving a reason. OO sues BB for his firing. If you were a lawyer representing BB. What are the strengths and weaknesses of your client's position on their dispute.
3.) The Teamsters Union is attempting to organize the drivers at We Haul trucking company. Workers who favor a union have been using the lunchroom to hand out petitions and urge other drivers to sign authorization cards. The company posts a notice in the lunchroom: "Many employees do not want unions discussed in the lunchroom. Out of respect for them, we are prohibiting further union efforts in this lunchroom." Is this sign legal?
4.) FedEx gave Marcie Dutschmann an employment handbook stating that (1) she was an at will employee, (2) the handbook did not make any contractual rights, and (3) employees who were fired had the right to a termination hearing. The company fired Dutschmann, claiming that she had falsified delivery records. She said that FedEx was retaliating against her because she had complained of sexual harassment. FedEx refused her request for a termination hearing. Did the employee handbook make an implied contract guaranteeing Dutschmann a hearing?
5.) Peter Oiler was a truck driver who delivered groceries to Winn-Dixie stores. He revealed to his boss that in his free time he liked to dress as a woman, even though he was happily married to a woman. Oiler had been diagnosed with transvestic fetishism with gender dysphoria and a gender identity disorder. Winn-Dixie fired him for fear that, if customers found out, they would go elsewhere to buy their groceries. Does Oiler have a claim against Winn-Dixie?
6.) Ryan could not stay awake at workand was unable to remember and keep track of key parts of his job. When questioned, he told his boss that he had sleep apnea, a sleep disorder that causes a person to stop breathing during sleep. His report from his doctor said that it was possible Ryan did have sleep apnea, but there was no definitive diagnosis because Ryan refused to take the necessary tests. The report also said that Ryan's sleepiness could be caused by bad habits, like irregular sleep times, a poor diet, and heavy caffeine consumption. What legal obligations does his employer have to Ryan? Can Ryan be fired?
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