2023 1 TCO A Carla Thomas a nonsmoker often encouraged her co workers to quit smoking Her new

 

1. (TCO A) Carla Thomas, a nonsmoker, often encouraged her co-workers to quit smoking. Her new manager, Paul, a smoker, was annoyed by what he considered her constant nagging. He moved her desk from a separate room with a window to a cubicle surrounded by smokers, who smoked all day. Paul refused Carla’s request to create a no-smoking area in the office and he refused her request to be moved back to the separate room. After four weeks of breathing secondhand smoke, Carla quit. What, if any, recourse does Carla have against her employer? Explain the possible legal theories for recovery and assess the likelihood of prevailing in the litigation. (Points : 30)

 

 

 

 

 

3. (TCO C) Carla Miller worked as a promotions director for a radio station owned by Dilner, Inc.  Miller used a company van in her work, which required her to organize promotional events in bars and nightclubs. Dilner issued a memorandum to all employees prohibiting consumption of alcoholic beverages while at company events; violation of the policy was grounds for dischar

 

4. (TCO D) A house-moving company was moving a house and came close to three 7,200 volt power lines. Fire was observed where the house’s lighting rod came too close to one of the power lines. Two employees were electrocuted and three more were injured. Analyzing the fact pattern, determine whether the company violated OSHA’s general duty clause, or if this was merely an unfortunate accident. Assuming that passing close to the wires was unavoidable, identify the steps that the company might have taken to avoid the tragedy. (Points : 30)

 

 

 

 

 

5. (TCO E) An ambulance service transports disabled individuals on a non-emergency basis.  Jane was hired as a night dispatcher. She worked at home, and was required to be on duty to take calls for service from 5:00 p.m. to 8:00 a.m., Monday through Thursday, and from 9:00 p.m. Friday to 7:00 a.m. on Monday. She was paid $550 per month. She was not given any special training, she was simply instructed how to fill in record sheets, and how to call the ambulance crew to notify them of the service request. Jane was free to engage in personal business as long as it did not interfere with the calls, and was able to leave her home as long as she made sure that someone was available to answer the phone.  

 

 

 

6. (TCO F) Retirees were employed by White Farms while the company was an affiliate of the White Motor Corporation. The dispute concerned the White Motor Corporation Insurance Plan for Salaried Employees, a non-funded, noncontributory benefit plan that provided life, health, and welfare insurance, prescription drugs, hearing aid benefits, and dental care to retirees and their eligible dependents.  White Motor employees periodically received booklets describing their benefits under these plans.

 

7. (TCO G) After noticing some items stolen from the store, a manager asked an employee, Frank, to take a polygraph test. Frank refused, claiming that he did not steal anything. Frank also reminded Jeff that he did not have access to the area where the stollen items were kept. Jeff fired Frank because he refused to take the polygraph test. Frank intends to file suit. Determine how the suit would be filed. Set forth the legal basis for the suit. Assess the likelihood that Frank will prevail in the suit. Include applicable law in your analysis. (Points : 35)

 

 

 

 

 

 

 

8. (TCO H) Calvin Black was hired as the manager for a law firm in June 1992. In his first year in the position, he created a time-keeping system that saved the firm $13,000 per month, negotiated leases to lower rental payments by $43,000, lowered client disbursement costs by $200,000, and reduced overtime costs by $40,000. The firm’s partners gave him a performance evaluation, stating that they were “very satisfied” with his performance. He received a raise of $4,600. After about a year, Black developed a limp. When he consulted a doctor, he was informed that he had multiple sclerosis. After his diagnosis, he informed his firm and requested that the firm meet with his doctors to determine what measures could be taken to accommodate his condition. One partner had one brief meeting with one doctor, who suggested the firm limit the amount of walking that Black was required to do. The firm made no effort to limit Black’s walking, to move his office, or to rearrange his job. Instead, the firm assigned additional duties to him and urged him to cancel his vacation. On one occasion, a partner told him to go home if he was tired, so he would not wear himself out and become ineffective.