FACTS

Ayesha is working as an leasing manager for Rebel Alliance Manufacturing when she is approached by an executive from Empire Equipment Manufacturing and offered a job. Empire is keen to hire Ayesha because she has decades of relevant experience. Ayesha accepts the job with Empire, gives notice to Rebel Alliance Manufacturing and commences employment with Empire in January.

After working with Empire for six weeks, Ayesha is out of the office on a sales call visit when she receives an email on her cell phone from the President of Empire, Mr. D. Vader. In the email, Vader asks her to purchase ten iTunes cards each worth $250, and to immediately email him with the activation codes. Ayesha thinks the request is odd, but as she is new to the organization she is keen to be diligent and helpful. She quickly responds by email to Mr. Vader that she will do as he asks as soon as possible. She copies her immediate superior, Mr. Tarkin, on the email. While she is in between appointments, Ayesha manages to run into a store to buy the cards.

After buying the cards, Ayesha replies to the email and sends the activation codes to Mr. Vader. Mr. Tarkin is copied to the email.

The author of the email is quick to respond and asks for the names and emails of the customers that Ayesha has visited that day. Ayesha sends him the information.

The next day, Ayesha receives an email from Tarkin addressed to the whole company. The email says that early the previous week the company became aware of attempts to scam employees using President Vader`s name and an email address that was similar to companyemail,but was in fact fraudulent. Tarkin`s email warned the employees to be aware of this risk.

Ayesha sits down at a desktop computer. She opens up her email and looks at the iTunes email from Vader again. Using the larger screen, she notices that what she had thought was an email from Vader was not actually sent from a company email address; the email address contains additional characters suggesting that it is a phishing scam. She realizes that the author of the email was posing as her company president and that it was fraudulent.

Ayesha tells Tarkin what happened, and explains that she has charged $2500 in iTunes cards to her personal credit card and responded to the scammer with names and emails of customers. Ayesha is immediately fired for disclosing private customer information. Tarkin sends an email to the whole company advising that Ayesha was fired for incompetence.

Analysis

1. What are the legal issues do you identify? (A legal issue is a question of law raised based upon the facts of a case.)
2. Explain or evaluate the arguments of each side and cite relevant cases.
   1. Does Ayesah have a right to sue her employer? Why or why not?
   2. DoesRebel Alliance Manufacturing have a claim against Ayesha? What other exposure might Rebel Alliance Manufacturing have as a result of the events?
3. What risk management lessons can business professionals learn from this fact situation? (Apply legal principles!)