White Arc Casino Case Memo (I NEED QUALITY WORK, REALLY FAST, BY WEDNESDAY, NOVEMBER 1, 2017)I NEED A WELL WRITTEN MEMO WITH QUALITY REFERENCES NO MORE THAN 10 PAGES, SEE ATTACHMENT FOR MORE INFORMATI
Case Three: Big Brain Solutions
Big Brain Solutions is a Colossal subsidiary in the consulting industry, located in Silicon Valley.
Early in 2014, Liz Bennett and Ralph Nickleby each applied to become administrative assistants at Big Brain Solutions. After successfully completing the interview process, both were hired and asked to sign contracts that contained the following provision: "If there is any dispute as to employment practices or employee/employer actions, this dispute will be decided via binding arbitration." Both Liz and Ralph signed their contracts after being given ample time to review them and to consult an attorney if they wished to do so.
Several months after he was hired, Ralph became addicted to cocaine. Around the same time, Liz became pregnant with her first child. When Liz experienced complications during her pregnancy, Big Brain initially agreed to grant her medical leave; but shortly thereafter, the company informed Liz that her position had been eliminated due to a "reorganization."
Fearing that Ralph might have trouble picking up the slack for the recently released Liz, Big Brain asked him to take a surprise drug test. Ralph was confused and alarmed and refused to take the test. Big Brain informed him that he was fired because of his refusal to take the test.
Liz decided to file a lawsuit in state court under the state and federal Family and Medical Leave Acts, which guarantee pregnant women a set number of weeks off for pregnancy. Ralph, on the other hand, submitted his case to an arbitrator.
Your task is to determine whether either Liz or Ralph's grievances could be heard by a court, and explain the reasons why or why not. Furthermore, you must determine what the likely outcomes will be if these cases are decided by an arbitrator. Communicate your findings to the vice president via memo.
Research the law in California and to incorporate the law of California into your presentations to answer the two questions (the scenario is set in California). Note the Federal and California law may significantly impact the forum, facts and procedures of the parties in the case.
To comprehensively deal with the assignment you will need to research California law (California pregnancy disability leave laws, California FMLA, and California right to privacy laws) and the legal issues surrounding Liz’s and Ralph’s cases, reflect on how the facts and the law come together, analyze possible arguments and determine which are most reasonable and formulate arguments addressing all issues raised by the narrative.
Your task is to determine whether either Liz or Ralph's grievances could be heard by a court, and explain the reasons why or why not.
Furthermore, you must determine what the likely outcomes will be if these cases are decided by an arbitrator.
Questions to Consider
What are general procedures or rules governing a typical arbitration proceeding?
Can a company force an employee to use arbitration (instead of a lawsuit) to settle an employment-related dispute because of a contract provision? Do you the provisions of the Federal Arbitration Act impacts your answer? Why or why not?
Under what circumstances would one prefer arbitration to litigation? Are there any significant benefits to pursuing mediation over litigation under California law under certain circumstances?
Do you think courts should review challenges to an arbitration award? Are there times when an arbitration clause might be invalid or unenforceable against an employee?
What effect do claims based on specific federal or state laws have on arbitration provisions in employment contracts? Can the parties in the case study pursue litigation over mediation if claims are based on specific federal or California laws? If so, under what circumstances.
SAMPLE MEMO FORMAT
Date: Date of memo (example: January 1, 2010)
To: Person(s) to whom the memo is primarily addressed (examples: James Brown, Director of Communications or Estates and Litigation Department)
cc: Name of anyone else who receives a copy
From: Author of memo, usually followed by his/her handwritten initials
Subject: or Re: Concise statement of the memo’s topic (example: Enrollment in New Benefits Program)
Recipients of memos often read them in a hurry, so it helps to write short sentences and paragraphs. It’s also important to clearly explain the reason for the memo in the first paragraph. For example, if this memo informs employees that they must enroll in a new benefits program, the first paragraph would explain that the organization has decided to implement a new insurance program and that all employees need to enroll within the next thirty days.
The following paragraphs (if there are any) will include any accompanying or supporting information. In the benefits enrollment memo model, the second paragraph might explain the reason(s) for the change in benefits, and inform the readers of how the changes may (or may not) affect them.
A memo’s final paragraph should clearly state the specific action(s) that the readers need to take. This final paragraph might inform the recipients that they may enroll in person, by mail, or online, and include specific information about where and how to enroll (office locations, addresses, URLs, etc.). It would also remind the readers of the deadline as well as listing the contact information of benefits specialists, in case employees have questions or concerns. Finally, it would emphasize the benefits or positive outcome of the policy changes.
Attachments: If including reports, charts, or other accompanying information, always mention this at the bottom of the page.
Write a memo for the VP. Be sure to meet the following requirements:
Format your memo following the example above, including APA-formatted in-text citations and an APA-formatted reference list (do not format the body of the memo using APA style, just the reference list).
Include a specific recommendation on what action, if any, the VP should take based on your analysis and conclusions.
Support your conclusion with references to legal principles and laws.
The memo should be no more than 10 pages (double spaced, 12-point font; the reference list does not count towards page limit).
Title your file using this protocol: yourlastname_Arbitration_date.
At whatever point Liz and Ralph denoted the hidden employment contract, they have lost their privilege to sue the business. They need to take after the condition of the contract which is to take after the coupling caution under the watchful eye of going o the court. Notwithstanding the likelihood that they go to court, the court most likely will lean toward not hear the case and will approve the social occasions to decide the issue through limiting mediation.
For Liz's case, her position has been abstained from on account of modifying does not recommend that she has lost her employment. She can be suited in a comparable association with some other title and occupation part. The ref may give considering both the social occasion's side and respect a re-settlement of Liz. For, Ralph, the go between might need to find the employment represent book and understood principles and attempt to find the benefit of the association to coordinate a medicine test. in light of the assertion among Ralph and the business in the midst of the employment, the ref will pick regardless of whether Ralph's grievance is honest to goodness.
