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Explain and evaluate the possible causes of action available to Jones, and identify and explain the possible defenses available to Jones’ employer with regard to each cause of action.

1. (TCO A) Alice Jones was employed as a clerk-typist by a company. She requested and was refused  a vacation day. The employer’s refusal was based on her failure to submit the request at least two weeks in advance as required by company policy. She announced that she would take the day anyway, and when she subsequently failed to report for work, was fired for insubordination, plus the unexcused absence. Jones claimed that the company’s real reason for firing her was a complaint that she had made to her state’s department of labor concerning elimination of employee rest breaks.

Explain and evaluate the possible causes of action available to Jones, and identify and explain the possible defenses available to Jones’ employer with regard to each cause of action.  Integrate case law and statutory support into your response. (Points : 30)

2. (TCO B) Mary Smith was an employee of Thomas Contracts, a pipeline construction company.  Mary was supervised by H.D. Thomas, son of the owner of the business. She became involved in an affair with Thomas, who was married. Thomas ended the affair and subsequently fired Mary based on her performance since the affair began. Mary filed a suit against Thomas Contracts, alleging that her discharge was due to gender discrimination, sex discrimination, and in violation of Title VII. Analyze and determine whether she succeeded. Identify and explain the applicable law and statutory authority in conjunction with the facts in the scenario to support your conclusion. (Points : 30)

3. (TCO C) An employee was discovered drinking on the job. Her manager realized that alcoholism must be the reason for increased absenteeism and informed her of the availability of counseling services, giving her a choice between treatment and discipline. The employee participated in and failed a company-sponsored treatment program. The company then offered to provide inpatient treatment and the employee refused, resulting in her termination. Does this employee have any recourse? Apply the ADA requirements to the scenario, explaining how each requirement applies, assessing whether the ADA provides Sara protections in this situation, and articulating the employer position in the litigation in reaching a determination about the merits of the ADA claim. (Points : 30)


Question 4. 4. (TCO D) Shepherd Construction was the general contractor on a job site to build a retail store.  There were no other general contractors on the job site. Shepherd hired a plumbing company to install the pipes at the job site. A Shepherd employee was killed when the dirt walls fell on him as he was digging the holes for the building foundation. A plumber was in the hole and was also killed. Explain the application of OSHA in conjunction with the fact pattern. Analyze and evaluate the potential causes of action and liability, if any, of Shepherd, the retail store, and the plumbing company for the deaths that took place at the job site. (Points : 30)


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