College of Saint Benedict Legal and Ethical Scenarios Analysis
Project 3 & 4Part ILegal & Ethical ScenariosRead the scenarios and the questions that follow. Select any four (4) scenarios. Identify and analyze any legal and ethical issues. Apply legal concepts and make potential arguments as directed using laws, cases, examples, and/or other relevant materials. Consider using short headings (consult APA materials) to separate the topics. Summarize the facts; do not copy the scenarios into the paper. Support your answers with information from the textbook and at least four scholarly sources other than the text and course lectures. Sources must reference U.S. law. By the due date assigned, prepare a 4 to 7 page paper that identifies the legal issues and potential solutions and answers all questions presented, supported by relevant legal authority. Do not exceed the page length by more than two pagesScenario 1: Courts and ADRBen Watson works as a project manager at the corporate headquarters of Jabil Circuits in St. Petersburg, Florida. Watson regularly spends time on the office computer surfing the Internet for sports news and playing his favorite slot machine games with the sound muted. Watson usually sends personal e-mails from his own Gmail account, but he occasionally uses his Jabil account when he is too lazy to access his personal account. The manager of human resources, Freda Fitch, called Watson into her office on Friday afternoon, where he was asked about the emails sent to friends containing jokes of a sexual nature. The director also questioned him about the use of the Internet to play slot machines and other computer games. Watson was terminated for violating provisions of the employee handbook and escorted out of the building.The employee handbook contained standard provisions explaining that company property, including computers, email, software and access to the Internet, were for business purposes and employee use was subject to monitoring. The company policy also prohibited any form of sexual harassment, discrimination, violence and other illegal acts, which includes transmitting such information by computer. Violations of the stated policies include disciplinary action that may result in termination. The handbook also contained a provision that required all disputes arising from the employment relationship that cannot be resolved internally to be resolved through the alternative dispute resolution process of mediation.Since Watson believes he was wrongfully terminated and various rights were violated, he plans to consult with a lawyer and sue his employer. What are Watson's options concerning resolution of his claims through the court or ADR?Scenario 2: Constitutional RightsSince Watson had some free time after being dismissed, he stopped by the Daiquiri Shak, hoping a drink would make him feel better. Several hours later as he was on the way home, Watson was pulled over by Dale Crespo, an officer on the local police department. The officer noticed a slight slurring of Watson’s words and poor motor skills when exiting the vehicle. Crespo requested that Watson take a breathalyzer test, but he refused. The officer spotted a beer can on the seat of the car and searched Watson’s car. When searching the car, the officer found a loaded handgun and an unmarked bag of pills that looked like OxyContin. Did Officer Crespo violate any of Watson's constitutional rights? Explain.Scenario 3: TortsOne week after Watson was terminated, Jabil received a phone call from the human resources department at Tech Data seeking to obtain a reference for Watson. Fitch, the human resources manager for Jabil answered the standard questions, but when asked if she would rehire Watson, she made the following comment."Off the record, Watson was terminated for theft. I would not re-hire him because he is lazy and may have been involved with drugs too."Fitch rationalized the part about theft since Watson stole time from the company and made up the part about drugs because she did not want Watson to get the job. Tech Data did not hire Watson.Did Fitch commit any torts? Explain.Scenario 4: Intellectual PropertyA new position in advertising was created for Vicki Talley, the niece of Jabil’s CEO. Talley was a senior at Southeast University, majoring in marketing. Talley was in charge of revitalizing the company’s website. Talley copied images from various websites and pasted them into Jabil’s site. Delores Banks was a full time law student who worked as an intern for Jabil. After reviewing the new website, Banks explained to Talley that using images and text without permission violates intellectual property laws. Talley explained that she could use the images because everything on the Internet is free for people to use. Talley also suggested that Banks needed to read about the fair use doctrine that was covered in her business law class.Did Talley violate intellectual property laws? Scenario 5: Constitutional LawAfter Watson resolved the issues with his arrest, he created a blog called Jabil Exploding Electronics. The blog contained a picture of the Jabil logo, along with various images of buildings blowing up and the CEO in a casket. Watson promises readers that he will provide stories about working for Jabil and invites his readers to tell their stories. In the first article, Watson included a cartoon of his boss in compromising sexual positions. The second article provided details about a coworker who is having an affair with her manager.Has Watson committed any violations in his Internet postings concerning his former employer? Scenario 6: Intellectual PropertyFelicia worked part time for Jabil while attending Hillsborough Community College. As part of her final project for a degree in information technology, Felicia designed a computer program that provided the fastest and most economical methods of retrieving parts for filling customers’ orders from the distribution center. The program also tracked the locations of the forklift drivers in the warehouse. Felicia called the program Fast Route & Tracker (FRT). The program was designed to be used by any type distribution facility and not specifically for Jabil. When Jabil found out about the software, they claimed they owned the program since Felicia was employed by the company when she developed the program. Felicia believes she owns the rights to the invention since it was created for her school project and could be used for any type of distribution company.Provide arguments for Felicia and Jabil regarding ownership of the invention, Fast Route & Tracker. Determine which party should win and provide support for your answer.Scenario 7: NegligenceCarl and his girlfriend Heather were having coffee in the cafeteria at Jabil when the couple started to argue. The argument escalated and employees heard Carl shout that he was going to kill Heather. When Carl stormed outside, Heather asked the manager to help her. The manager said he could not get involved in domestic disputes, but he called 911. Heather hid in the women’s restroom. Carl returned with a gun that he used to shoot the manager, a security guard, an employee and Heather. When the police officers arrived, one officer shot and killed Carl. Heather died at the scene, but the manager, security guard and employee survived, although they were severely injured. A wrongful death lawsuit filed against Jabil by Heather’s parents. Discuss the legal issues of the lawsuit between Heather’s parents and Jabil. Determine which party will win and provide legal support for your decision. What claims might be brought by the injured employee, security guard and the manager?Submission Details:Use APA format for the paper. Review the APA materials located in the Library Research Guide.Part IILegal & Ethical ScenariosThis assignment is a continuation of the project started in Week 3. Read the scenarios and the questions that follow. Select any four (4) scenarios and the recommendations section, Scenario 8. Identify and analyze the legal issue(s). Apply legal concepts and make potential arguments as directed using laws, cases, examples, and/or other relevant materials. Consider using short headings (consult APA materials) to separate the topics. Summarize the facts; do not copy the scenarios into the paper. Support your answers with information from the textbook and at least four scholarly sources other than the text and course lectures. Sources must reference U.S. law. By the due date assigned, prepare a 4 to 7 page paper that identifies the legal issues and potential solutions and answers all questions presented, supported by relevant legal authority. Do not exceed the page length by more than two pagesScenario 1: Accident or ArsonPeter Pablo , a shift supervisor in the distribution center, worked for Jabil Circuits for six years. Peter is experienced in operating all of the machinery. One day when Peter was upset with his boss, he did not turn off the package laminator, a machine used to seal packaging in plastic to reduce damage in transportation. The machine overheated, caught fire and part of the warehouse burned to the ground, resulting in over a million dollars in damage to the building and contents. Peter shows up to the remains of what was once his promising career A slight smile forms as he realizes this whole incident is his fault for intentionally leaving on the laminator. Peter calls his manager to tell him that the warehouse burned to the ground and he doesn’t know what caused the fire. Fire marshals investigated and found out that the reason for the fire was the laminator was left on and either malfunctioned or overheated.Should Peter Pablo be found guilty of arson in this scenario? Explain arguments for and against Peter Pablo. Scenario 2: Contracts – Formation and BreachAs the purchasing manager, Russ looks for deals on office supplies and equipment. An office supply company offered to sell Jabil six new industrial copy machines and four packaging machines for $15,000. Russ thought the offer presented a great opportunity to replace the old equipment with new equipment. Russ and the seller entered into an oral contract whereby Russ would pay the seller $15,000 cash on delivery to Jabil’s distribution center in St. Petersburg, Florida. In the meantime, Russ lined up installers for the equipment. When time came for delivery of the goods, the seller said that half of the copy machines and packaging equipment had been sold to another company, but 3 copy machines and 2 packaging machines would be delivered. What rights does Russ have related to the oral contract for the equipment? Is the seller in breach of contract? Discuss why or why not.Scenario 3: Contracts and CapacityChet Gaines, the director in the real estate division of Jabil, met with Mack Smith about purchasing a large tract of land owned by Smith in Clearwater Florida. Gaines knew the company planned to clear the property to create a new distribution center. Gaines judged Smith to be 80 to 85 years old. During the meeting, Gaines noticed several brochures about dementia and assisted living facilities, as well as several prescription bottles sitting on the table. After discussing the good old days for several hours, Gaines and Smith agreed on the sale of the land for $500,000. Since Gaines brought a blank copy of a contract with him, he helped Smith complete the paperwork and both parties signed. Unbeknownst to either party, the purchase price was written as $50,000. On the day before the closing, Gaines called Smith to remind him of the location of their meeting to sign the remaining documents. Confused, Smith said he didn't know anything about selling that land and he had no intention of selling his land to some young shyster who was still wet behind his ears and was trying to cheat him.What are the basic requirements for contract formation? What defects in the contract formation process may have occurred?Does Gaines, on behalf of Jabil, have a valid contract with Smith?Scenario 4: Intellectual PropertyJabil manufactures and sells electronics in the United States and in foreign countries. It owns the federally registered Jabil trademark and has registered this trademark in Mexico as well. Juan Sanchez is a Mexican citizen residing in Tampa Florida, with business offices there. Jabil believed that Sanchez was in the business of selling counterfeit Jabil parts in Mexican border towns, such as Tijuana, Mexico. The company sought an injunction in a federal district court in Florida ordering Sanchez to cease his counterfeiting activity and to refrain from destroying certain documents. It also asked the court to freeze Sanchez’s assets pending the outcome of a Lanham Act lawsuit. Sanchez contended that a U.S. district court has no jurisdiction or authority to enter the injunction for the activities allegedly occurring in Mexico. Analyze the arguments for Jabil and Sanchez. Determine the outcome and support your selection.Scenario 5: ContractsJoy Martin was a nurse at Morton Plant Hospital when she was approached by Teresa Dawson, who was in charge of human resources at a competing medical facility, Bayfront Hospital. Dawson offered Martin a substantial raise to leave Morton Plant to work for Bayfront. When Martin’s boss heard about the offer, he told her, “If you agree to stay with Morton Plant for at three years, I promise that next year you will receive a promotion with a 10% raise.” Martin turned down Dawson’s offer and stayed with Morton Plant. Eight months later, Martin was dismissed when Morton Plant was acquired by Bayfront. Martin sued for breach of contract.Can Martin enforce her boss’s promise?What theory or theories would Martin use?Provide arguments for both sides, determine which party wins and provide support for your decision.Scenario 6: AntitrustJabil Circuits sold electronic parts to manufacturers and distributors. Jabil established quantity discount rates that were published on the company’s customer portal and provided by mail once per year to all buyers. A 25% discount was given to buyers purchasing more than 50 container loads in a calendar year. Only three buyers out of approximately 150 customers purchased 50 or more containers; therefore, only three companies received the best discount. A significant number of customers complained that the purchasing requirements were set too high and resulted in price discrimination.Evaluate whether violations of price discrimination laws occurred.Scenario 7: T orts and NegligenceRonnie was injured when a van driven by Toby slammed into Ronnie’s car. The van belonged to Jabil and Toby was authorized to drive the van to and from work. Toby was killed in the accident. The results of the investigation showed that Toby was traveling at a high rate of speed and his blood alcohol content exceeded the legal limit. Ronnie sued Jabil Circuit and Toby’s estate for gross negligence and asked for compensatory and punitive damages.Will Ronnie recover? Why or why not?If Ronnie recovers, which party/parties will be responsible? Provide examples, laws or other relevant information to support your answer.Scenario 8: RecommendationsConclude your paper by identifying and discussing ethical issues and providing recommendations for Jabil Circuit to help prevent future occurrences of legal and ethical issues you addressed. Be specific in your recommendations.Submission Details:Use APA format for the paper. Review the APA materials located in the Library Research Guide.
