Question
Lost Colony Productions, Bradley's film production company, employs hundreds of seasonal and permanent workers, both skilled and unskilled, in Virginia and California. LCP must hire
Lost Colony Productions, Bradley's film production company, employs hundreds of seasonal and permanent workers, both skilled and unskilled, in Virginia and California. LCP must hire these temporary workers to meet seasonal demand.
Can LCP hire undocumented immigrants? If so, under what circumstances? (4 points)
Aldo, a noncitizen, applies for employment with LCP Under what circumstances can LCP hire Aldo? (3 points)
Whose responsibility is it to ensure that LCP can be hired at and work for BTF? (3 points)
- ____ LCP's employees have elected to be represented by the Screen Actor's Guild as their agent for collective bargaining. LCP and SAG have a collective bargaining agreement in place. However, it expires at 12:00 am on January 1, 2024.
If the current agreement expires without the approval of a new agreement, what options do LCP and the union have? (4 points)
What can LCP do to encourage the union to acquiesce to their terms? (3 points)
What can SAG do to encourage the employer to agree to their terms? (3 points)
3.____Julian is an employee of LCP. LCP's employee manual states that workers such as him will be dismissed only for good cause. Julian is in the employee break room one day when his supervisor, Bradley, compliments his appearance and asks if he has been working out. Julian, who is married, feels uncomfortable. He files a complaint, but no action is taken, and Bradley continues to make comments about Julian's appearance. Julian renews his complaint and is subsequently fired.
With respect to the employment-at-will doctrine, does the employee manual create exception? If so, what kind of exception? (3 points)
Is Bradley's treatment of Julian discriminatory? If so, what kind of discrimination? (3 points)
Is LCP's termination of Julian's employment legal based on the description of the facts? Explain your answer. (4 points)
4.____Julian, who filed a complaint against Bradley, his boss at LCP, was fired as a result. Julian has become depressed because of the treatment he received at the hands of Bradley.
With respect to Bradley, what claims might Julian have against Bradley arising from his behavior? What must Julian prove in order to prevail in a claim against Bradley (4 points)
With respect to LCP, what claims might Julian have against LCP arising from Bradley's behavior? What must Julian prove in order to prevail in a claim against LCP? (6 points)
5.____ Richie and Roger, employees of LCP, decide to quit their jobs together and open their graphics and film editing company. They buy a small warehouse, design a website, and begin marketing their services to the local film community.
If Richie and Roger wish to form an entity through which they can operate their graphics and editing operation, what options do they have? (3 points)
For each option discussed above, what are the pros and cons for Richie and Roger? (3 points)
If Richie and Roger do not wish to form an entity through which they can operate their operation, how will the law treat their operation? (4 points)
6.____ Richie and Roger decide not to organize or incorporate a separate entity to operate their business.
Their first year in operation, Richie and Roger make a profit of $40,000. How will that profit be treated for income tax purposes? Explain your answer. (5 points)
Shortly after beginning their operation, Richie and Roger suffer a data breach in which some of their clients' payment information gets stolen by some hackers. Sarah, one of the victims of this hack, sues the operation to recuperate her losses. If the operation is found to be liable for Sarah's damages, who will have to pay for her damages? (5 points)
- ____ Richie blames Roger for the hacking debacle. He doesn't trust Roger to continue handling payment information, and does not want to be responsible for the damages if someone were to have their identity stolen as a result. If Richie and Roger were to try to limit their exposure to damages in case of some possible lawsuit in the future, how might they better structure their business? (4 points) Describe the circumstances under which Richie or Roger might still be liable to a customer who gets their identity stolen. State both the name of the mechanism for attaching liability to an individual owner, member, or shareholder, and describe what must be proven in order to achieve this result? (6 points)
8.____ Richie and Roger's operation, now known as Super Fun Video Editing and Graphics ("SFVEG"), survives the reorganization and the hacking episode and enjoys a year of record sales. Richie and Roger buy three more computers, another warehouse, and hire six employees to assist in the operation. The first two employees, Yolanda and Tiago, are taught how to run the software, trained on company protocol, and sent to run a video editing operation on a film set in Norfolk.
Yolanda and Tiago are young, and at times they are immature and unprofessional. Tiago gets angry at a grip on the set, Stuart, and shoves him. Stuart is hurt and goes to the hospital and gets checked out. Stuart sues SFVEG for payment of his medical bills. Is SFVEG liable for the damages caused to Stuart? Why or why not? (5 points)
Yolanda, working the cameras on set one afternoon, gets into an argument with an actor, Gus, who says that his dialogue was cut off by Yolanda's faulty editing. Yolanda, feeling insulted, swings the camera wildly and accidentally strikes Gus. Gus is taken to the hospital and is treated for severe injuries. He sues SFVEG for payment of his medical bills, lost wages, and pain and suffering. Is SFVEG liable for the damages caused to Gus? Why or why not? (5 points)
9.____ SFVEG's expansion has not been successful. The employees hired and equipment added to the operation have not increased the operation's revenue enough to offset the added expenses. Richie and Roger are having trouble paying their bills on time and in full. Bradley, who trained Richie and Roger in proprietary film technology and software, is suing them for theft of trade secrets. Additionally, the bank that owns the promissory notes for the warehouses has not been paid in several months.
Richie has taken on a second job as night manager at Saul's Pharmacy in order to make ends meet. The bank finds out about Richie' second job and begins calling him at work to ask about the money they are owed. Is the bank permitted to call Richie at work? Why or why not? (5 points)
In order to pressure Roger into making payments, the bank finds out the contact information for Roger's friends and neighbors. They call Roger's friends and neighbors and tell them that Roger is a loser who can't pay his bills. Is the bank permitted to call Roger's friends and neighbors about his debts? Why or why not? (5 points)
- _____ SFVEG has entered a downward spiral. The company's debts are piling up, revenue is down, and lawsuits are accumulating. Faced with little prospect of financial success, Richie and Roger decide to wind down the business.
Depending on how the business might have been reorganized in question 7(a) above, describe the process by which the business can be wound down. (5 points)
Richie and Roger are concerned that some of the creditors of SFVEG and claimants against SFVEG may try to come after them personally after the business is closed. What sort of bankruptcy protection can Richie and Roger, as officers of SFVEG, seek against the debts of the company? Describe the type of protection provided, and the manner in which the Court will dispense with the debts. (5 Points)
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