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1. Analyze the facts related to employment discrimination or unlawful termination based on your company’s perspective.

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  • Post Date 2018-11-08T12:49:30+00:00
  • Post Category Assignment

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1. Analyze the facts related to employment discrimination or unlawful termination based on your company’s perspective.

Specifically, the following critical elements must be addressed:

 

  1. Memo Introduction: Articulate what you feel are the strengths of your company’s legal claim or defense.
  1. Client’s Case
  2. Analyze the facts related to employment discrimination or unlawful termination based on your company’s perspective.
  3. Analyze the facts related to contract issues based on your company’s perspective.
  4. Identify the operative employment and contract laws that apply to your company’s case.
  5. Select cases that support your company’s position in terms of employment discrimination or unlawful termination. Justify why they support its case.
  6. Select cases that support your company’s position in terms of contract disputes. Justify why they support its case.
  7. Determine any facts that will help you better analyze your company’s position. In other words, what questions do you need answered before you can proceed?
    1. Explain how the identified facts will help establish the legal rights and/or obligations of the defendant in relation to your company. In other words, how would those facts reflect on the propriety and legality of the decisions that were made?
    2. Application of the Law to the Facts: Using the precedents you have selected in case law, regulations, and substantive law, assess the strengths and weaknesses of your company`s arguments in court. Is it probable your company will win this legal dispute?
    3. Based on your analysis, how do you believe this situation may affect public perception of your selected company? Will the public discourse reflect possible legal outcomes? Be sure to use specific examples.
      1. Make suggestions on how to alleviate any damages to your selected company’s public perception going forward. Will action(s) related to the other party be appropriate?
      2. Recommend how the company should modify specific business practices to avoid similar situations in the future.

A.     Facts and Laws

B.     Precedent

C.     Facts to be Determined

E.      Impact Assessment

 

Milestone One: Introduction, Facts and Laws, Precedent, and Facts to be Determined

In Module Two, you will submit your Memo Introduction, Facts and Laws, Precedent, and Facts to be Determined sections (Sections I, IIA, IIB, and IIC) of the memorandum. In the Memo Introduction, articulate what you feel are the strengths of your company’s legal claim or defense. In the Facts and Laws section, analyze the facts related to employment discrimination or unlawful termination based on your company’s perspective. Analyze the facts related to contract issues based on your company’s perspective. Identify the operative employment and contract laws that apply to your company’s case. In the Precedent section, select cases that support your company’s position in terms of employment discrimination or unlawful termination. Justify why they support its case. Select cases that support your company’s position in terms of contract disputes. Justify why they support its case. In the Facts to be Determined section, determine any facts that will help you better analyze your company’s position. In other words, what questions do you need answered before you can proceed? Explain how the identified facts will help establish the legal rights and/or obligations of the defendant in relation to your company. In other words, how would those facts reflect on the propriety and legality of the decisions that were made? This milestone should be 4–5 pages. This milestone is graded with the Final Project Part I Milestone One Guidelines and Rubric. Already Written but needs to be fixed:

Feedback from professor:

Memo Introduction:

You provided a good recitation of facts but you did not articulate the specific strengths of your case. In this section, simply (and briefly) state the facts and what you think your strengths are. You don`t need to embellish in this section.

Facts and Laws: Unlawful Termination

This section is too much about law and not enough about facts. State the facts as they occurred, analyze them and reach a conclusion. Keep it simple.

Facts and Laws: Contract Issues:

You provided a laundry list of laws, most of which don`t apply to your situation. For example, equal pay and age discrimination do not apply. In this section all you need to do is identify the laws that apply to both termination and contract issues.

Precedent: Unlawful Termination:

You provided two cases that are somewhat relevant. But, you should keep looking for cases that have similar facts as your case. There are many, many out there to find.

Precedent: Contract Disputes:

The first case seems relevant and helpful but I question the relevance of the second case. You should try to briefly explain the background of your chosen cases so it is obvious how they apply to your case.

Facts to be Determined: Facts:

Good effort on this part but you should reconsider what you want/need to know. For example, what value is your last bullet point? Keep thinking about this part.

Facts to be Determined: Establish:

You went way overboard here. All you need to do here is to show the connection between the facts you learned above to your case.

Articulation of Response:

Well written, no major errors, good citations.

Milestone Two: Application of the Law to the Facts and Impact Assessment

In Module Five, you will submit the Application of the Law to the Facts and the Impact Assessment sections (Sections IID and IIE) of the memorandum. In the Application of the Law to the Facts section, use the precedents you have selected in case law, regulations, and substantive law, assess the strengths and weaknesses of your company`s arguments in court. Is it probable your company will win this legal dispute? In the Impact Assessment section, based on your analysis, how do you believe this situation may affect public perception of your selected company? Will the public discourse reflect possible legal outcomes? Be sure to use specific examples. Make suggestions on how to alleviate any damages to your selected company’s public perception going forward. Will action(s) related to the other party be appropriate? Recommend how the company should modify specific business practices to avoid similar situations in the future. This milestone should be 4–5 pages. This milestone is graded with the Final Project Part I Milestone Two Guidelines and Rubric.

You need to write 4-5 pages for submission to follow the following:

 

Application of the Law to the Facts

Points:

Logically assesses the strengths and weaknesses of company’s arguments in court based on selected laws and precedents, addressing likelihood of winning legal dispute

Impact Assessment: Public Perception

Points:

Logically evaluates how legal situation may affect public perception of company, providing specific examples

Impact Assessment: Damages

Points: 

Makes appropriate suggestions for how to alleviate damages to company’s public perception, addressing whether actions related to other party are appropriate

Impact Assessment: Business Practices

Points:

Makes appropriate recommendations for how the company should modify specific business practices to avoid similar situations in the future

Articulation of Response

Points:

Submission has no major errors related to citations, grammar, spelling, syntax, or organization

 


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