- Upon MBA graduation, Carol is offered a position with the firm, Highflying Headhunters, specializing in the placement of MBA graduates with advertising and public relations firm. When Carol accepted the position, she was asked to sign a non-compete agreement restricting her from working for a competitor or opening her own placement service for a period of one year. Carol signed the agreement. Seven years later, Carol and her acquaintance from another headhunter decide to open their own placement business in the same area in which her employer does business. During her exit interview carol is reminded of the non-compete agreement she signed. She seeks legal counsel from you. What course of action do you recommend to her?
- Janet, a 20-year old woman applied for a position of truck driving for Federal Trucking Inc. Janet is 5’4” tall and weighs 135 lbs., was denied the job. The company said that all employees be at least 5’6” tall and weigh at least 150 lbs. Federal justifies this requirement on the basis that its drivers are frequently forced to move heavy loads in making pickups and deliveries. Janet brings a cause of action. Has federal trucking violated the law? Explain.
- Adam works for a manufacturing company in its quality control division. He discovers a problem present in the manufacturing process as a result of which the final product suffers. He notifies his superiors in his work unit about this but he is told to ignore the problem. He approaches senior managers who appreciate his efficiency and severely discipline his superiors and co-workers. Later Sean begins to receive threatening notes, his car windshield is smashed, and his tires are flattened. He complains to the senior managers but they tell him to deal with the problems in his own way. After being assaulted at work one day, Sean leaves the company. What legal options are available to him?
- XYZ Bank, a specialist in investment banking, established along with a team of psychologists a psychological profile of people who work best under pressure. Every new applicant is required to take the test. The result is a prime determinant as to whether the applicant is given the job. Susan who is otherwise qualified, is refused employment as a result of her low score on the psychological profile. The Bank’s employees have white males as a majority. Susan claims that the test was used as a pretext for discrimination. Is XYZ Bank in legal trouble?
- Ted Murphy is a securities broker at a branch office of Pearlman & Associates. All the clients have signed an agreement appointing him as their agent to buy and sell securities. Murphy often borrows from individual client accounts in order to further his own investment opportunities. Because it is not a large city many clients deposit in cash. Murphy stamps a deposit slip as acknowledgement but then deposits the cash in his own account, expecting to repay the money at a later date. He has been doing this without telling the client or his company. He just repays the amount borrowed at a later date. Recently Murphy has a streak of bad luck and was unable to repay the money before the monthly statements were sent out. The clients sue Pearlman & Associates for their funds. What do you think is the legal recourse for the company?
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