1. Jessica Minero is a supervisor at Bulls and Bears Brokerage. She is instructe
ID: 386405 • Letter: 1
Question
1. Jessica Minero is a supervisor at Bulls and Bears Brokerage. She is instructed by her department head, Jeffrey Peterson, to write a negative performance appraisal for a subordinate, Rashad Johnson, an African American. When she questions Jeffrey for a reason, he explains that Rashad has not made a good impression on their customers. After giving this matter careful consideration, Jessica refuses. Within a month, she is terminated. Does she have any recourse?
2. High Tech, Inc., has decided to close one of its plants located in the Northeast. There are 200 workers. High Tech is concerned about reprisals. It decides to give 2 week’s notices of the plant shutdown. Do the employees have any recourse?
3. Professor Padilla has been very critical of the new department chair in European literature. When Padilla receives his course schedule for next semester, he notices he is scheduled to teach Lit 105 from 8:00 to 8:50 a.m. in Moran Hall on the east side of campus and Lit 107 from 9:00 to 9:50 a.m. in Mullins Hall on the north side of campus. It is at least a 20-minute walk from the first classroom to the second. Padilla asks for a room change, which is denied. His solution is to let his first class out 5 minutes early and start the second class 5 minutes late. His department chairperson, Ann Fullerton, writes Padilla up for this. Padilla, who is not tenured, is discharged at the end of the academic year. He claims constructive discharge. How would you advise him?
Explanation / Answer
1-
Yes,Jessica has a recourse in this is specific case. She can file a lawsuit against bulls and bears brokerage via Fair Employment and Housing Act.
The California Supreme Court recently held that an employee’s refusal to follow a supervisor’s order that the employee reasonably believed to be discriminatory constituted protected activity in a retaliation claim under the Fair Employment and Housing Act.
Reference- https://www.laboremploymentlawblog.com/2005/09/articles/q-a/employees-refusal-to-follow-orders/
2-
According to the The Worker Adjustment and Retraining Notification Act of 1988 (WARN) each and every employer has an responsibility to give notice in 60 days advance by an employer for any plant losing or mass layoff where unions have ability to negotiate longer time.
In this specific case as company is giving two weeks notice, employees have full protection under WARN act.
Reference- https://www.ueunion.org/stwd_clos.html
3-
If his early release and lateness are the primary reason for his denial of tenure, he may have an argument for breach of contract. If he belongs to a suspect class, then he would have a strong case for discrimination. If the college can document other legitimate reasons, then he will have no recourse.
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