This Case Study is based on a work scenario. For this scenario, pretend that you are an HR representative and

you are preparing a memorandum for the VP of HR.

The memo will analyze a set of facts that occurred in your company and conclude with an assessment as to

whether your company is liable. This is a role-play assignment, and your objective is to develop a unique scenario

and then play the role of the HR representative all the way through your memo, just as if you were the HR

representative and this really happened!

For this memo, you may develop any scenario you desire, and the legal issue can be based upon any of the

topics that you have reviewed during this course. However, the scenario must include that the supervisor of the

employee(s) in question is advocating for the termination of one or more employees. You may or may not agree

with the supervisor’s sentiment and will address this in your memo to your boss. You will break your memo into at

least five paragraphs (make sure to assess whether termination will lead to any liability in paragraph four, and

include in your recommendation paragraph five whether termination is warranted), as follows:

ï‚· Paragraph 1: Identify the issue that you are dealing with; present the problem to your boss. Is it a concern

about discriminatory treatment? Are the employees engaging in concerted activity? Is an employee being

sexually harassed? You decide.

ï‚· Paragraph 2: Outline the facts of the case. Tell the story. What did the employee(s) do that is of concern

to you and prompted the drafting of this memo? In your scenario, advise your boss that you believe the

employee (or ex-employee if the person has quit or has been fired) is preparing to sue the company.

ï‚· Paragraph 3: Identify the statute that is in question (is this a potential FMLA, FLSA, ADA, or some other

issue?) and a legal case from the textbook that seems similar to your scenario. Look up the case on the

Internet and read about it. Be sure you understand the important facts of the case and why (or why not)

the court ruled in favor of the employee/employer. Analyze the case in this paragraph of your memo.

Explain its relevance and how the facts are similar to the facts involving your scenario. You are not limited

to discussing only one relevant case, but do not discuss more than two so that your memo is not too long.

ï‚· Paragraph 4: Determine if the company has any legal liability or exposure based upon your comparison of

the facts in your scenario with the facts and decision of the court case(s) you analyzed.

ï‚· Paragraph 5: Give your boss a recommendation. Whether you think the company might be liable or not,

you should have recommendations to your boss relative to how to deal with the situation (defuse it) and

how to guard against future situations like this arising.

Lastly, be sure to include a reference list at the end. You should have at least three sources/citations for your

memorandum. It is likely that one will be the textbook, one will be the court case you reference, and a third might

be a statute, article, a second case, or some other relevant case.

The memo should be at least two double-spaced pages in length, excluding the references. You will have to be concise in what you say!

Optional Reference

Walsh, D. J. (2013). Employment law for human resource practice (4th ed.). Mason, OH: South-Western.