Question
The Tough Lawyers For You (TLFY) law firm, located in San Francisco, California, prides itself in its combative approach to all things legal. Last week,
The Tough Lawyers For You (TLFY) law firm, located in San Francisco, California, prides itself in its combative approach to all things legal. Last week, Bruce, a senior partner, interviewed Inga and Claudio for two mid-level litigation attorney positions in the firm's expanding employment practice section. They were each well qualified, with strikingly similar credentials in terms of education, experience, and references. Because they also did really well in their respective interviews, Bruce and his fellow hiring committee members decided to hire both of them right away. Per the firm's usual practice, Bruce had asked for their current salary information and knew that Inga was making $95,000 a year at her firm, while Claudio was making $125,000 at his. Because TLFY never likes to pay a dollar more than necessary (on anything), the firm wanted its offers to hew pretty closely to the applicants' current salaries, but it decided to sweeten the pot just a little in order to entice them to make the move to TLFY. It therefore offered Inga one of the positions at an annual salary of $100,000, and it offered the other one to Claudio at an annual salary of $135,000. When he made the job offer to Claudio, Bruce made it clear that Claudio was not to discuss his salary with anyone. Each candidate has since accepted the offer.
- In light of the course reading (which, as always, includes the Canvas Lesson Commentary), analyze whether this scenario could result in any legal claims against TLFY. Be sure to
- Identify any and all claims that Inga could potentially have, identify the law(s) on which the claim(s) would be based, identify the elements of each claim, and explain to what extent she could or could not establish each element of each claim.
- Identify any and all claims that Claudio could potentially have, identify the law(s) on which the claim(s) would be based, identify the elements of each claim, and explain to what extent he could or could not establish each element of each claim.
- Identify and analyze any defenses TLFY could assert in response to the claim(s), and explain to what extent the firm could or could not establish the defense.
- If additional information would be helpful to your analyses, explain what that information would be and how and why it would impact them.
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