Writers Den

Assignment 2: Dropbox Assignment

Legal Rights of an Employer and the
Employees

In this assignment, you will
consider the rights and duties of employers and employees in an organization,
and learn about intellectual property laws in the workplace.

Jeremy Jacob
works as a buyer for Cranes Hardware Stores, located in Biloxi, Mississippi. On
his lunch breaks, Jacob spends time on the computer sending e-mail to his
friends and occasionally playing online poker. Sometimes Jacob sends the
e-mails from his personal account and sometimes when he is in a hurry, he sends
them from the account of Cranes Hardware Stores.

On Friday morning, Jacob is summoned
to Human Resources where he is confronted with e-mails sent to friends
containing jokes of a sexual nature. The director also questions him about the
use of the Internet to play poker and other computer games. Jacob claims he has
the right to do what he wants to do on his lunch breaks. Jacob is terminated
for violating provisions of the employee handbook. The employee handbook
contains the following provisions.

Cranes Hardware Stores Employee
Handbook

1. E-Mail Policy:
   All employees are responsible for using the e-mail system in accordance
   with this policy. The e-mail system is the property of Cranes Hardware
   Stores. E-mail is to be used for company business only. Use of the e-mail
   system for personal purposes is prohibited. Employees have no right or
   expectation of privacy in data stored in, created, received, or sent over
   Cranes e-mail system.

   As the owner of the e-mail system, Cranes may monitor, access, retrieve,
   review, and delete any information stored in, created, received, or sent
   over the e-mail system, for any reason and without the permission of the
   employee.

   Cranes’s policies against sexual harassment and discrimination apply to
   the e-mail system. Therefore, no e-mail messages should be created, sent,
   or received containing material offensive material related to race,
   religion, gender, age, national origin, or any other classification
   protected by law.

   Violations of Cranes’s e-mail policy may result in disciplinary action up
   to and including termination.

2. Internet Policy:
   Although Cranes Hardware Stores acknowledges that the Internet may have
   useful applications to Cranes business, employees may only access the
   Internet for specific business purposes. “Surfing the net” is
   not a legitimate business activity.

   The company has the right to monitor any and all of the aspects of its
   computer system, including, but not limited to, monitoring sites visited
   by employees on the Internet, monitoring chat groups and news groups,
   reviewing material downloaded or uploaded by users to the Internet, and
   reviewing e-mail sent and received by users.

   Employees may not use the company’s Internet connection to download games
   or other entertainment software, including wallpaper and screen savers, or
   to play games over the Internet.

   Violations of Cranes’s e-mail policy may result in disciplinary action up
   to and including termination.

3. Cranes Hardware Stores Dispute Resolution: All disputes arising out of the employment
   relationship that cannot be resolved through the complaint procedures will
   resolved through Alternative Dispute Resolution (ADR).

Consider the following situations at
Cranes Hardware Stores:

Even though it was only noon, Jacob
stopped by the Beer and Burger Bar, hoping a few beers would make him feel
better. Several hours later when he is driving home, Jacob is pulled over by a
state trooper. Detecting a strong odor of alcohol, the officer requests that
Jacob take a breathalyzer test. Jacob refuses. Noticing a beer can on the seat
of the car, the officer searches Jacob’s car. When searching the car, the
officer finds a loaded pistol and some marijuana.

Three weeks after Cranes terminated
Jacob, a representative from the human resources department at Rowe’s Home
Supply called to obtain a reference because Jacob applied for a job with their
company.Jean Brianna, the human resources manager for Cranes answered the
standard questions, but then made the following statement.

“Off the record, Jacob was
terminated for a cause. Jacob is threatening a wrongful termination lawsuit. I
wouldn’t hire him because he’s nothing but trouble and we believe he was
involved with drugs too.“

Brianna knew the statement about the
drugs was untrue, but she did not want Jacob to get the job. Rowe’s did not
hire Jacob.

A new position in Internet marketing
was created for Amanda Lucy, the niece of Cranes’s owner. Lucy was a junior at
State University, majoring in marketing. Lucy created a website to advertise
Cranes on the Internet. She copies images from various websites and pastes them
into Cranes’s site. Beth Ann is a full time law student who works part time in
the office as a bookkeeper. After reviewing the new website, Ann tells the Lucy
and the general manager, Marshall, that using some of those images and text
without permission is an intellectual property violation. Lucy explains that
she can use the images because everything on the Internet is fair game and
besides, she read about the fair use doctrine in her business law class and
believes her use qualifies.

After Jacob resolves his issues with
the state trooper, he creates a blog about his former company called Cranes
Hardware Hell. The blog contained a picture of Cranes Headquarters engulfed in
flames. On the blog Jacob promises readers that he will provide various stories
about what it’s like to work for Cranes and encourages others to tell their
stories. In the first article, Jacob uses pseudonyms to describe the executives
and some of the managers in unflattering ways. Another story provides details
about a coworker who is having an affair with her manager.

Based on the different situations
described in the scenario, create a 6- to 9-page Microsoft Word document that
includes the answers to the following questions:

• Jacob claims the employer violated his rights. In your
  opinion, what are the legal rights of the employer and the employee in
  this situation? Explain. Is Jacob correct in his allegations? Why or why
  not?
• Since Jacob believes he was wrongfully terminated and
  various rights were violated, he plans to consult with a lawyer and sue Cranes.
  What are Jacob’s options with regards to resolving his claims through the
  court or ADR?
• Jacob claims the state troopers violated his rights. Do
  you agree?
• Has Brianna committed any offenses? Why or why not?
• Did Lucy violate intellectual property laws? If yes,
  how? If no, why not?
• Has Jacob committed any violations in his Internet
  postings concerning his former company? Why or why not?
• What are the ethical issues related to this scenario?

Support your responses with
examples.

Cite any sources in APA format.

Submission Details

Name your document
SU_BUS1038_W3_A2_LastName_FirstInitial.doc.

Submit your document to the W3
Assignment 2 Dropbox by Saturday, October 25, 2014.

Assignment 2 Grading Criteria	Maximum Points
Explained the legal rights of the employer and the employee in this situation. Analyzed and described whether Jacob is correct in his allegations.	30
Explained Jacob’s options with regards to suing Cranes and resolving his claims through the court or ADR.	30
Analyzed the rights of the state troopers and Jacob. Identified if any rights were violated in the traffic stop.	30
Analyzed and provided reasons on whether Brianna has committed any offenses.	20
Analyzed and explained whether Lucy violated intellectual property laws.	20
Explained whether Jacob has committed any violations in his Internet postings concerning his former company.	20
Described the ethical issues related to this scenario.	10
Written components.	40
Total:	200