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3 pages/β‰ˆ825 words
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Style:
APA
Subject:
Business & Marketing
Type:
Essay
Language:
English (U.S.)
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Total cost:
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Topic:

You Be the Judge: Employee Protection and Whistling Blowing

Essay Instructions:

Complete You Be the Judge Case Study #10: “Privacy/Employment at Will: Fired for Whistling?”
http://highered(dot)mheducation(dot)com/sites/0078023858/student_view0/you_be_the_judge.html (Links to an external site.)
Once you have completed the case study, you will need to write a two-page paper on the module as follows:
IRAC Analysis (2 pages, described below)
Reaction Paragraph
Do you believe the judge came to the correct conclusion?
Are there any missing facts which would help sway someone to your position?
IRAC stands for Issue, Rule, Analysis, Conclusion, and it's a method for organizing legal analysis so that the reader can follow your argument. You should organize your IRAC analysis into four labeled sections as follows:
Issue
State the question or problem that you are trying to answer (what might bring the parties into court). This can be in the form of a question or a statement depending on what your reader prefers.
Rule
State the rule or legal principle. This may take the form of stating the elements required for a prima facie case.
Analysis
State your evidence and explain how you will arrive at your conclusion. You should cite to the case law presented in the module, discuss policy implications, and discuss any cases that run counter to your conclusion.
Make sure that you weigh both sides and make counterarguments where appropriate.
Use case law, analogizing and distinguishing, and policy (for example, the goals of tort law) to work your way to a conclusion.
Conclusion
State your conclusion as a result of the analysis.
Rubric
Video Case Study Rubric Bird
Video Case Study Rubric Bird
Criteria Ratings Pts
This criterion is linked to a Learning OutcomeIssue
Issues are unresolved questions that arise when there is factual or legal ambiguity in a case. Student should identify the legal questions that are to be answered based on the scenario.
7.0 pts
Student meets all of the Criteria elements.
4.0 pts
Student fails to meet at least 1 of the Criteria.
0.0 pts
Student fails to meet two or more of the Criteria.
7.0 pts
This criterion is linked to a Learning OutcomeRule
The student must provide a statement regarding the particular rule or rules that pertain to the issue or issues in the case. This section should be a legal summary of all of the rules used in the analysis section that comes after.
7.0 pts
Student meets all of the Criteria elements.
4.0 pts
Student fails to meet at least 1 of the Criteria.
0.0 pts
Student fails to meet two or more of the Criteria.
7.0 pts
This criterion is linked to a Learning OutcomeAnalysis
Student's must analyze the case by discussing the issue and rule, and using the facts of the case to explain how they reached their ultimate conclusion regarding the case.
10.0 pts
Student meets all of the Criteria elements.
5.0 pts
Student fails to meet at least 1 of the Criteria.
0.0 pts
Student fails to meet two or more of the Criteria.
10.0 pts
This criterion is linked to a Learning OutcomeConclusion
Student's conclusion restates the issue, rule, and analysis, provides an engaging "wrap up" of the paper, and explains the student's ultimate conclusion regarding the outcome of the case. The conclusion should flow naturally from the analysis.
6.0 pts
Student meets all of the Criteria elements.
3.0 pts
Student fails to meet one of the specific Criteria elements.
0.0 pts
Student fails to meet two or more of the Criteria elements.
6.0 pts
This criterion is linked to a Learning OutcomeReaction
Student discusses their impression and opinion as to whether the Judge came to the right conclusion. Student supports their reaction by citing to specific facts and situations in the case and ensuring that their reaction is well reasoned and supported.
10.0 pts
Student meets all of the Criteria elements.
5.0 pts
Student fails to meet one of the specific Criteria elements.
0.0 pts
Student fails to meet two or more of the Criteria elements.
10.0 pts
This criterion is linked to a Learning OutcomeProfessional Writing
Student demonstrates mastery of professional writing standards by ensuring they do not have substantial grammar, usage, syntax, or other writing errors in their submitted product.
10.0 pts
2 or fewer grammar, usage, syntax, or other writing errors.
5.0 pts
2 to 4 grammar, usage, syntax, or other writing errors.
0.0 pts
4 or more grammar, usage, syntax, or other writing errors.
10.0 pts
Total Points: 50.0

Essay Sample Content Preview:

Employee Protection and Whistling Blowing
Name
Institutional affiliation
Employee Protection and Whistling Blowing
The Department of Labor has a set of employment laws that it administers and enforces. These laws govern the conduct of both employers and their employees and ensure that the rights of both parties are protected (Sinha & Kesselheim, 2018). This paper uses a case study to outline how these laws can be used to come up with a fair verdict without infringement of the employees’ or employers’ rights.
Issue
Mrs Suzanna Robertson fired her employer, Mrs Zillian Han, on April 26. The employee is suing her boss for wrongful terminating of contract and a breach of privacy. The defendant claims that she fired her employer for failure to meet the objectives outlined in her job description and for violating the non-disclosure agreement. The plaintiff, on the other hand, disagrees stating that she has never signed such an agreement and does her job well. She further asserts that she was fired because of whistleblowing.
Rule
Federal labour laws protect every employee of a public or private company from any unlawful dismissal or improper termination, invasion of their privacy, and breach of fundamental constitutional rights (ICLG, 2019). Labor laws protect the employees from illegal discrimination and give them protected rights that include but not limited to exercising activities such as whistleblowing and identification of red flags within the company (Rosenbloom, 2018). These laws also govern the scrutiny of company I.T data and monitoring of employee emails and phone calls.
Employment laws also apply to Mrs Robertson's company. Han and other employees should be protected from any unlawful dismissal and invasion privacy. They should also be allowed to exercise certain activit...
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