This would be a MEMO OUTLINE, a MEMO FORMAT and RESEARCH
(Powerpoint will be in a different order.)
The format should be memo format with Proposed Legal Issue/Question, Legal Answer, case laws in support of that answer, proposed solution and resources cited in APA format.
You will also be required to do a PowerPoint summary presentation for the CEO and the Board of Directors (your instructor and fellow students). This presentation should follow a much shorter but similar format to your memo, stating the facts, possible causes of action, your legal opinion on whether the claimant will prevail, your support for that legal opinion and your proposed solution.
Part 1: Research Project/Memo (California Claim 5) – “You are assigned California Claim 5 which states: “Ralph is a computer programmer for ABC. When Ralph’s co-workers learn he has AIDS, six of them quit work immediately. Ralph has also missed work for treatments that have left the department short handed. Based on his time off and fearing additional resignations, the company discharges Ralph. Ralph now threatens suit.”
You are to prepare a typewritten memo with your legal opinions on what claims could be made by the claimant and whether the claimant will prevail citing case law (at least three cases), Federal and State statutes if applicable, and other topical materials if applicable. The format should be Memo format with Proposed Legal Issue/Question, Legal Answer, case laws in support of that answer, proposed solution and resources cited. Review the Project Format Guidelines for additional details.
For the MEMO, The format should be in a memo format as follows:
1. Proposed Question: For example; “Will Susie prevail in a lawsuit against ABC for sexual harassment?”
2. Short Legal Answer: For example; “Yes, Susie will prevail in her sexual harassment lawsuit against ABC because the behavior of her supervisor fell within the statutory definition of Quid Pro Quo harassment and the cases cited below.”
For the Research in support of your answer:
1. State the facts of your claim. This can be a recitation of the brief facts given to you.
2. List each case researched. State the basic facts of the case, the holding of the Court and how it relates to the claim you are responsible for analyzing and reporting about to the Board of Directors. If you believe there is conflicting case law, list the cases and how you believe they apply. You must cite at least three cases to support your opinion. It is unlikely you will find three cases with similar facts to your own. Try to find one with similar facts and the others with similar employment issues. The cases should be at least from the Appellate level. Articles citing the cases are not acceptable references. EEOC cases can be used as additional information or for statistical information only. In addition, cite any Federal and State statutes that apply.
3. Discuss any statutes that apply to the claim and their relevance to your claim.
4. Discuss any recent newspaper or journal articles that may impact the Board’s decision.
4. Conclusion and Recommendations:
1. Provide your conclusions to the Board of Directors on whether you believe the claimant will prevail.
2. Provide your recommendations to the Board. This will include taking to trial or pursuing settlement. This should also include remedial actions that may be in order such as training programs, procedure manual revisions, and discharge of the employee and/or supervisor.
