The Almost Heaven Beer Company, Inc. [AHBC] is a West Virginia corporation with its principal location in Huntington, West Virginia. Since 1995, it has brewed beer that it distributes to the tri-state area. Over the past decade, the increased interest in microbreweries has resulted in significant growth of AHBCs sales and its work force, and AHBC now operates 4 breweries across West Virginia and employs over 250 persons. Over the past month, AHBCs newest brewery in Charleston, has experienced rapid growth, and AHBC has recently hired you as the human resource director for the Charleston plant. During your first management meeting, attended by the HR directors of the other locations, you learn the following facts: AHBC has policies concerning conduct of its employees. It has a zero tolerance policy for workplace violence, and that policy allows for immediate termination of any employee who violates it. An employer who believes another employee has violated an AHBC policy may make a report to her/his supervisor, or if the supervisor is the person who has violated the policy, the employee may make a report to the corporate compliance officer, Wanda Jackson. AHBC offers its employees access to the internet and e-mail addresses. AHBC limits use of the internet for work purposes only, and notifies all employees that they have no privacy interests in any electronic information that they send or receive using its digital communications. AHBCs policy encourages its employees to report any issues they may have involving their work, and its employment handbook states that it will not retaliate against anyone who reports alleged misconduct. Last summer, during AHBCs company picnic, a male employee wore a t-shirt that read I Am Eye Candy, and three other male employees wore tshirts that read I Am With Eye Candy. The t-shirts troubled an employee, Rick Dees, and he immediately reported the matter to Wanda. After Wanda investigated the matter, she determined that the employees who wore the tshirts had not violated any company policy. Rick expressed his concern to Wanda, and asked that she reconsider her decision, but she refused. During your management meeting, you learn that last week, while Rick was on the phone with his wife, he mentioned the difficulties he was having at the plant. The discussion was emotional, and, during the conversation, Rick allegedly said Dont worry, its nothing I cant handle. Its not like Im going to kill anyone. Wanda overheard the alleged remark, and reported it at the management meeting. A manager (Riley Brezinski) mentions that Rick, who is 62, has been with the company since its inception in 1995 and is nearing retirement. Wanda tells him that Rick has been sending e-mails to an attorney seeking legal advice about his situation, and is considering legal action. The managers look at you.

Question 1: Identify every legal issue raised in the above paragraphs, provide your assessment, then recommend a course of action to the managers.