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In this assignment, you’ll need to decide whether Paula Plaintiff has any legal claims arising from another series of unfortunate events. After reading the scenario, answer the questions that follow, making sure to fully explain the basis of your decision.
Paula’s bad luck continues. Five days after the events detailed in your last assignment, Paula returns to work at Capstone Corporation. Unfortunately, she used her company e-mail to send her mom a personal note about her injuries, despite being aware that Capstone’s company policy prohibits use of company e-mail for personal communication. Paula’s supervisor, Mikey Manager, discovers Paula’s violation and Paula is reprimanded. When Paula goes home, she uses her personal computer to post disparaging comments about her boss and Capstone Corporation on social media. The next day, Paula is fired from her job.
After several days of bad luck, Paula believes her luck is about to change. She finds a new job in a nearby town. Paula had been using the bus to go to work at Capstone Corporation, but she will need to purchase a car to commute to her new job. Fortunately, her neighbor Freddy Ford has just purchased a new vehicle and is selling his old Mustang. Paula meets with Freddy and agrees to purchase the Mustang for $1000. The parties also agree that Paula will bring Freddy the money the next day when she picks up the car. The next day, Paula calls Freddy and says, “I have the money. I’d like to come pick up my car.” Freddy replies that Paula is too late. He sold the car earlier in the day.
Instructions
In a 600-800 WORDS paper, answer the following questions:
Does Paula have any legal claims against Capstone Corporation? What about Paula’s actions? Does Paula have a contract with Freddy to purchase the car? Consider the following:
Does Paula have a right to privacy when using Capstone Corporation’s e-mail system? Discuss one’s right to privacy and relate it to the facts in the scenario.
Can Paula be legally fired from her job for making negative comments about her boss and her company on social media? What about free speech? Discuss these issues and relate them to the facts of the scenario.
Do Paula and Freddy have a contract for the sale of the Mustang? Discuss the elements of a contract and relate those elements to the facts of the scenario.
In the case presented above, Paula has several potential legal claims against Capstone Corporation. First, she may have a claim for breach of her right to privacy in using Capstone’s email system. Second, if Paula is fired for making disparaging comments about her boss and company on social media, then she might have a claim for wrongful termination under the doctrine of freedom of speech. Finally, it is possible that Paula could sue Freddy Ford for breach of contract over their agreement to sell the Mustang.
Paula’s Right to Privacy with Company E-mail:
When considering whether or not Paula has a right to privacy when using Capstone Corporation’s e-mail system, it is important to look at U.S. law regarding employee privacy rights in the workplace. Generally speaking, an employer does not have an obligation to protect employees from all intrusions into their personal lives; however there are certain Maryland laws which limit the amount of access employers can have into private information related to employees (e.g., emails). In particular, Maryland Labor and Employment Code Ann §§ § 8–605(b) states that “an employer shall not prevent or restrict any employee from communicating with representatives of labor organizations concerning matters related to collective bargaining or other mutual aid or protection…” This means that an employer cannot interfere with communications sent by its employees which concern matters relating not only collective bargaining but also various other forms of expression such as emails sent between family members about health issues as was done in this scenario with Paula sending an email about her injuries sustained at work five days earlier.. Therefore, since Mikey Manager reprimanded and potentially terminated Paula due solely based upon him detecting her use of company email resources while discussing things unrelated to work –which would likely be considered protected activity – then it would seem likely that there is potential cause here for a violation of both state law and possibly federal regulations as well depending on what types/amounts were involved (such as how much time spent sending/reading emails etc.).
Can Paula Be Legally Fired For Making Negative Comments On Social Media?
As mentioned previously under US law there are certain protections granted workers when engaging in activities relating so-called ‘free speech’ outside the workplace setting including via social media websites like Facebook Twitter etc.. The pertinent area here being Title VII Civil Rights Act 1964 which prohibits discrimination based upon race color religion sex national origin disability status sexual orientation gender identity among other criteria from being used by employers when deciding who should be hired retained disciplined etc.. As such if we assume here that even though this particular incident did NOT involve direct discrimination against any protected class then still perhaps one could argue through attorney representation before court proceedings some prohibited retaliation took place – i.e., firing someone simply because they posted disparaging comments online about his/her supervisor or corporation itself regardless whatever ulterior motivation was behind said action – then again this type situation merits further examination especially given recent trends seen within society today where more people than ever before seek out legal redress whenever feeling aggrieved either personally professionally economically politically socially culturally ethnically etc.. So unless clearly demonstrated otherwise probably best course action form practical standpoint would suggest consulting experienced litigation counsel familiar addressing these sorts cases before heading too far down road…..
Do Paul And Freddy Have A Contract For Sale Of Mustang?
The final issue involves determining whether Paul and Freddy had formed legally binding contract prior selling Mustang each other next day… According generally accepted principles applicable contract formation following elements must present order render valid enforceable agreement between two parties such offer acceptance consider capacity legality intention create relationship perform specific conditions… With regards situation question looks like necessary components were met given money exchanged verbal exchange occurred involving both sides agreeing transact future date…. However due fact transaction happened ultimately sale fell through complicating factor arises possibility defenses being utilized during dispute resolution phase process instance party claiming repudiation voiding initial contact unilaterally due lack expressed written evidence end… Nonetheless arguably parties entered contractual arrangement albeit slightly imperfect form still validating nature transaction question despite ultimate non performance issue remains nevertheless thus requiring outcome determined accordingly litigated circumstances .