SHORT ANSWERS

KIDS CAN LEARN, INC. - CASE STUDY

All of the remaining questions involve Kids Can Learn, Inc. Treat the facts in this section as cumulative. This means that the facts discussed in the earlier questions may also relevant for later questions.

OVERVIEW OF KCL

Kids Can Learn, Inc. is a growing company that provides tutoring to students from fourth grade through high school. Most of KCL's students are high school juniors and seniors trying to get into prestigious colleges. KCL's success is built off its model of pairing "Student Counselors" (usually seniors or recent graduates from the area universities) with students for intense one-on-one counseling sessions. Each counseling sessions lasts three hours. Half of the counseling sessions take place in KCL's offices, the other half take place in the students' homes. This personalized model encourages the counselors to develop strong personal bonds with their students.

Each local site has a Lead Counselor and 15-20 counselors. The Lead Counselor trains, oversees and assists the counselors, and schedules the weekly work schedules. Most of the human resource decisions (i.e. hiring, firing, promotions, pay and benefits, etc.) take place at the regional level with limited input from the Lead Counselor. The Lead Counselors provide status updates and recommendations to Human Resources regarding the employees but are generally not directly involved in promotion or disciplinary decisions.

The CEO is an aggressive businessperson who is focused on innovation and growth. The company is guided by the principles of openness, honesty, fairness and profitability. The CEO figures that, if the business is guided by these principles, it will not need to worry about any employment law issue. You have just been hired as the Director of Talent Acquisition and Growth and are responsible for ensuring that the company is compliant with the relevant employment laws.

EXPANSION PLANS

1. KCL currently has 20 offices based in Houston, Dallas, Atlanta, Jacksonville and Miami. Within the next two years, KCL plans to expand into the upper Midwest markets of Minneapolis, Chicago, Kansas City and Milwaukee. It needs to hire new team members as part of its expansion. KCL plans to hire a new marketing director to oversee the region as well as Lead Counselors, Student Counselors and maintenance employees for each office. The CEO wants to make sure that KCL knows as much as legally possible about its applicants.

1. The CEO wants to deeply search the internet to learn as much as possible about the applicants' social media profile, including their skills, background and any potential embarrassing information about them. KCL plans to search Google, Facebook, Instagram, Linked-In, Snap Chat, and other internet and social media sites.

First, explain whether this action involves a legal risk. If so, explain how KCL can act to reduce the risk. (5 points)

1. KCL wants to approach professors at the local colleges to identify the best students who would be successful counselors.

First, explain whether this action involves any legal risk. If so, explain how KCL can act to reduce the risk. (5 points)

1. The CEO read a story about a summer camp being sued because an 18-year-old counselor had a sexual relationship with a 14-year-old camper. The article mentioned liability to the company based on the principles of "respondeat superior." The CEO wants to know if this type of situation might present a legal risk to KCL.

Define respondeat superior and explain how the concept might apply to KCL. (6 points)

1. Over lunch the CEO told you that, when she receives referral requests from potential employers regarding former KCL employees, her practice is to tell the new employer "the good, the bad and the ugly" about the former employee. She then explained that she received an e-mail from a hospice facility asking for a reference for an employee (Smith) who recently left KCL. Soon after Smith quit working for KCL, the CEO overheard someone say that Smith sold pot at work. Because Smith had already left KCL before the CEO heard the comment, she did not internally investigate the matter. The CEO says she plans to tell the prospective employer to "watch out for Smith because Smith might be drug dealer!"

1. Identify the potential legal claim that Smith might bring against the CEO and/or KCL if the CEO she says that Smith might be a drug dealer. In your answer, explain the concept of a qualified privilege and whether such a privilege would protect the CEO's statements. (8 points)