Question

1. Consolidated Bargains, Inc. has a corporate policy of not allowing employees to use company email for private use.  Joe Bennett is a Consolidated employee who used email to communicate with his attorney asking whether Joe’s wife filed for divorce.  Joe knows that the company policy is that employee emails are randomly monitored to enforce this policy.  Joe’s employer read his email and also read the attorney’s response telling Joe that his wife indeed had filed for divorce.  Discuss whether you think the employer’s action is lawful or unlawful and why.  If unlawful, do you think Consolidated should receive a penalty?
2. Brownlee, Inc. manufactures and sells sports clothing and shoes in the United States.  Brownlee employs over 100 fourteen- and fifteen-year-old teenagers paying them an hourly wage of $7 per hour and allows them to work over 40 hours per week.  Discuss any legal issues you see in this situation.
3. Jack worked as a window cleaner for Tower Cleaning, Inc., which specialized in cleaning windows in high-rise apartments and skyscrapers. Tower cleaning has procedures in place located in the company employment manual that all employees must follow.  Among those procedures are safety checklists including wearing protective gear, harnessing while being lifted up high, communicating with the lift, making logs of malfunctioning equipment, etc.  Jack was scheduled to clean the windows of a skyscraper all the way up to the 20^th floor when he was injured because he dangled from side to side while being lifted. An investigation revealed that Jack was careless and did not follow the company’s procedure manual for properly harnessing before being lifted up high to clean windows. Jack has filed a claim under the state’s Workers’ Compensation. Tower Cleaning denies any liability because Jack was careless and disobeyed company policy.  Discuss any legal implications.   

4. Which of the following medical conditions do not qualify under the Americans with Disabilities Act of 1990?  Please briefly explain your answer for each item.

   a.   An individual born blind seeks employment as a telephone operator.

   b.   A factory worker lost two fingers in a workplace accident and the employer terminated his employment.  

Answer 1

1.

As per the company's corporate policy, Its been strictly regulated by the Joe's employer that the usage of company email for private usage is completely unethical and unlawful practice; So, as he has full authorization to enforce the Policy;Since the policy is well-know by the consolidated employee of the company and also his email communications are closely being monitored by the company as well.

Considering the Joe's case, he can opt for his own personal email for communicating with the attorney's instead of using the company email. Such email policies have been implemented inorder to protect the threats of outside third parties which affects the business. with due regard, it can be cause like

• The productivity of Employee can be lost.
• The Viruses might can transferred from the third party emails to Company computer systems.
• The sensitive and confidential information can be considered as Employees 'theft'.
• The password and security can be breached, which can cause the real possibility of risk.

consolidated employee Should receive the Penalty in this regards, since he was violating the rules of the company's policies and guidelines. As the email is being used for divorce petition, the adjudicator has the right to present the employers system in the court for the employees lawsuit as an evidence, which may prohibits company policies as well.

2.

In the United states, As per the Regulations Overruled, The exceptions for 14 years and 15 years are offered permissions to be employed except under prohibited circumstances, They can have benefit from career-oriented education, which will be helpful for the youths who were at risk of leaving school can become motivated for the work line.

The Regulations permits employment for 14 year and 15 year old youths during school hours and only for up to 23 hours per week even when the school is in session. As per the Fair Labour Standards Act, The rules are not lenient apart from the regulations being provided. Since the Brownlee Inc. making the Youths to work, it is considered as lawful only when the variances are only approved by the Wage and Hour Administrator, that should be stated in consideration of Applications under child labour regulations sets wage, hours worked, and also providing safety requirements for minors.

3.

In this Regard, Jack cannot file a claim under state's worker compensation due to his reckless behaviour and not following the company's procedure manual, the injury has occured. The Company has already ensured all aspects of health and safety measures and also the proper usage of the tools as well.

If he has followed the company's policies and injury has happened, then its manadatory that the employer responsible for the employee accidents, he must make sure that compensation insurance policy must provide important coverage, stating that insurance covers for damages and other related cost unless and until it is not proven that the accident has happened due to employees fault.

The Company can sue against employee claiming that the equipment was not properly being used by him, which they feel the cause for being injured, wherein, those policies will cover the legal fees for the defense and any associated costs.

4.

a) An individual Born blind could not be permitted to work under with Americans with Disabilities Act (ADA) 1990, wherein probition of employment discrimination on the basis of disability, who can be considered as visually impaired which means the persons eye sight cannot be corrected to the normal one that may cause failure to the brain to interpret messages from the eyes correctly; Since the Vision impairement is considered, the employers may have the concerns that related to fear of accidents/ injuries.

b) A factory worker who has lost his two fingers due to accident during his tenure of work from the workplace and Employer terminated his employment, would not be covered under the Americans With Disabilities Act (ADA) 1990. Whereas, the employee can have option most likely to cover under Workman's compensation for the accident which turn out to be injured, because having all fingers is necessarily being considered for working the factory.

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