Question

James, Kinkaid, the owner of the Kinkaid Company was convinced by Douglas Shaw, one of his employees, that a fellow worker, Dick Miller, had been stealing money from the company. During a break in the company's conference room, Kinkaid fired Miller in front of other workers, accused him of stealing from the company, searched through his briefcase over his objections, and finally forcibly escorted him to his office to await the arrival of the police, which he had his assistant summon. Miller was indicted for embezzlement but subsequently was acquitted upon establishing his innocence. What rights, if any, does Miller have against Kinkaid? Please discuss.

2. Sandra Davis was a worker in a New York hotel owned by the Royal Crown International Hotel Co. One day, Henry Lambert, the manager of the hotel support team, gathered all the workers and told them that a great deal of theft had taken place within the hotel. He warned the assembled workers that unless someone confessed or revealed the name of the responsible person, he would start to fire all the workers according to seniority. When no one volunteered the information he was seeking, Lambert fired Sandra Davis, a single parent of three small children. Ms Davis became very upset, began to cry, sustained emotional distress, mental anguish, and loss of wages and earnings.

Ms. Davis sued the Royal Crown International Hotel Co and Henry Lambert alleging that the defendants acted recklessly and outrageously, intending to cause emotional distress and anguish. The defendants argued that damages for emotional distress are not recoverable unless physical injury occurs as a result of the distress. Will Davis be successful on her complaint? Please explain.

3. Fred Banyon, the owner of a rural property, has a place on his land where he piles trash. The pile has been there for three months. Carl, a neighbor of the adjoining property, without Fred's consent or knowledge, threw his trash onto the trash pile. Fred discovered what Carl had done and sued. What tort, if any, has Carl committed? Please explain.

James, Kinkaid, the owner of the Kinkaid Company was convinced by Douglas Shaw, one of his employees, that a fellow worker, Dick Miller, had been stealing money from the company. During a break in the company's conference room, Kinkaid fired Miller in front of other workers, accused him of stealing from the company, searched through his brief case over his objections, and finally forcibly escorted him to his office to await the arrival of the police, which he had his assistant summon. Miller was indicted for embezzlement but subsequently was acquitted upon establishing his innocence. What rights, if any, does Miller have against Kinkaid? Please discuss.

2. Sandra Davis was a worker in a New York hotel owned by the Royal Crown International Hotel Co. One day, Henry Lambert, the manager of the hotel support team, gathered all the workers and told them that a great deal of theft had taken place within the hotel. He warned the assembled workers that unless someone confessed or revealed the name of the responsible person, he would start to fire all the workers according to seniority. When no one volunteered the information he was seeking, Lambert fired Sandra Davis, a single parent of three small children. Ms Davis became very upset, began to cry, sustained emotional distress, mental anguish, and loss of wages and earnings.

Ms. Davis sued the Royal Crown International Hotel Co and Henry Lambert alleging that the defendants acted recklessly and outrageously, intending to cause emotional distress and anguish. The defendants argued that damages for emotional distress are not recoverable unless physical injury occurs as a result of the distress. Will Davis be successful on her complaint? Please explain.

3. Fred Banyon, the owner of a rural property, has a place on his land where he piles trash. The pile has been there for three months. Carl, a neighbor of the adjoining property, without Fred's consent or knowledge, threw his trash onto the trash pile. Fred discovered what Carl had done and sued. What tort, if any, has Carl committed? Please explain.

Answer 1

1,The owner of the Kinkaid Company was convinced by Douglas Shaw that one of the fellow worker has been stealing money from the company. The owner believes Douglas Shaw and fired Miller in front of other workers while they were in a meeting, accused him of stealing and forcefully search his brief case even though Miller opposed not to search it. Miller was also forcibly escorted to his office till police arrival which was done by his assistant. Later, he was approved of his innocence.
Tort law protects people from harming reputation. The owner of the Kinkaid Company accused of stealing in front of Miller in front of other employees which hurts Miller’s reputation. Kinkaid even searched Miller’s brief case without his permission which is invading his privacy. Miller can sue Kinkaid for defamation of character, invasion of privacy, false imprisonment for detained him in his office till the police arrived, and lastly, intentional infliction of emotional distress.
Suggestion, Kinkaid could have done is warn Miller instead of accusing Miller in front of his other employees, Kinkaid has handled that situation it in his office where no one is around, would’ve been a lot better. The same with searching Miller’s brief case, he should’ve let Miller to take out all his items to check. What Kinkaid did really harm Miller’s reputation and he would be embarrassed to come back to work for Kinkaid again in front of other employees.

2,