Question
What is the statement of the case? What are the facts, issues, discussion, conclusion, on the below scenario? Reference the selected statues. MEMORANDUM TO:Michael Parkins,
What is the statement of the case? What are the facts, issues, discussion, conclusion, on the below scenario? Reference the selected statues.
MEMORANDUM
TO:Michael Parkins, Paralegal
FROM:Virginia Koerselman Newman, Staff Attorney
DATE:2/24/2021
RE:Landon Gray Employment Termination
Our client, Landon Gray, has been employed by the District Attorney's Office for the State of Anywhere for the last 22 years.He recently was fired for the unlawful sale of junk food at his workplace, and he visited with me this morning about his termination.
Landon is married and has three children, two them in college.His wife is the nutritionist for Pinefield Public Schools. His youngest daughter, Chloe, is in middle school. Chloe sold nearly 400 boxes of Girl Scout cookies this year, some of them to people in Landon's office.To help his daughter, Landon delivered boxes of Girl Scout cookies to coworkers from the trunk of his car over the lunch hour. His car was parked in the employee parking lot.
When James Oliver, Chief Deputy District Attorney, heard about the delivery of contraband cookies, he called Landon to his office immediately.Following a heated discussion, James fired Landon and ordered him to leave that very day.Mary Littleton helped Landon put his personal belongings into a small file box, and he left.
Earlier this year and in response to a World Health Organization study showing that one in every five Utopian workers is obese, the federal congress passed a number of statutes designed to limit workers' access to junk food while at work. The rationale was that obese people are less productive at work, miss work more often, and place a greater burden on the health care system. The congress then declared the workplace a "Sugar-and-Fat-Free Zone" and encouraged employers to establish zero tolerance policies for noncompliance.
Landon Gray is a very physically fit man who works out three or four times a week.None of the coworkers involved in this incident is obese, although several may be close to it.
Selected Statutes
15-245. The government of the United Utopian States is granted the power to assemble a military to protect its borders and its citizens; to coin money; to operate a post office system; to protect interstate commerce; to ensure the right of citizens to pass freely from one state to another; and to enact legislation in furtherance of these enumerated powers.All other powers are reserved specifically to the states and to the people.
24-109. Classification of Crimes.The range of punishment that may be set for particular classification of crimes is:
Class I Felony
10 - 50 years
or
$20,000-$100,000 fine
or both;
Class II Felony
5 - 20 years
or
$5,000-$50,000 fine
or both;
Class III Felony
1 - 20 years
or
$1,000-$25,000 fine
or both;
Class IV Felony
1 - 10 years
or
$100-$10,000 fine
or both;
Class I Misdemeanor
6 - 12 months
or
$100-$5,000 fine
or both;
Class II Misdemeanor
3 - 9 months
or
$50-$2,000 fine
or both;
Class III Misdemeanor
60 - 180 days
or
$50-$1,500 fine
or both;
Class IV Misdemeanor
30 - 90 days
or
$25-$1,000 fine
or both;
52-115. A food product, food ingredient, or food additive exceeds statutory limitation 1) if its sugar content is greater than ten (10) grams, or 2) if its fat content is greater than three (3) grams. Any food item described herein or any food item generally known for its high sugar content or for its high fat content shall be known as junk food and thereby prohibited under the provisions of this Act.
52-174. It shall be a Class IV felony to sell, purchase, exchange, ingest, or consume any high-sugar or high-fat food or food ingredient to, with, or by any employee within the jurisdictional boundaries of the United Utopian States or its territories.Such foods likewise are banned from cafeterias, lunchrooms, meeting rooms, kitchens, vending machines, or stores located in or within 150 feet of any building that contains businesses with employees.
52-723. It shall be a Class III misdemeanor to accept, possess, procure, or solicit any high-sugar or high-fat food or food ingredient to, with, or by any employee within the jurisdictional boundaries of the United Utopian States or its territories.
67-4224. No federal statute or regulation shall impinge unnecessarily or limit unreasonably the personal liberty or freedom of any citizen unless the government can show a compelling state interest that cannot be accomplished by any other means and the statute or regulation is narrowly tailored to satisfy the compelling state interest.
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