LEG 100 Week 8 Assignment Paula Plaintiff's Really Bad Week, Part 2_Solution_Graded A.

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LEG 100 – WEEK 8 – PAULA PLAINTIFF’S REALLY BAD WEEK, PART 2 Assignment: What types of legal claims could Patty make against Capstone Corporation and Freddy? Notes: Introduction In this ass... ignment, 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 6–10 paragraph 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. Everyone has bad days and can even have a bad few days consecutively in a row. There is an old saying that bad things come in threes. But, sometimes it may feel like the situations we are put in can go from bad to worse. Paula Plaintiff has had one of these types of weeks. It all began when Paula began looking for a new laptop at Cash Mart. She remembers she has an appointment and tried to quickly exit the store as a security guard stops her and accuses her of shoplifting. He then detained her and after some time the manager of the store came to apologize and release her. After being released, she steps out of the store and is hit in the head by a golf ball which knocked her unconscious. Paula’s bad luck seems to continue. Five days after this event she returns to work at Capstone Corporation. Knowing that it is against company policy to use the company email for personal communication Paula emails her mother a personal note to detail her injuries anyways. Mikey Manager, Paula’s supervisor discovers this violation and reprimands Paula. That same night she goes home to use her own computer to then post disparaging comments about her supervisor and the Capstone Corporation on her social media. And is subsequently fired from her job the next day. Believing that her luck is changing she finds a new job and realizes that she will need a car to commute. Her neighbor Freddy Ford is selling his Mustang. Paula meets with Freddy and agrees to purchase his Mustang for $1000. They 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. Paula does not have any legal claims against Capstone Corporation. In regards to the Fourth Amendment in the Constitution, it prohibits unreasonable searches and seizures by the government. To enforce this stipulation of the constitution, courts will generally ask if a person had a reasonable expectation of privacy which is a test to analyze if privacy should be protected in certain circumstances. There are 2 things needed to determine this reasonable expectation of privacy. One would be that the person had an actual, personal expectation of privacy. For example, nearly all people anticipate having privacy in the bathroom. The second one would be that society recognizes that person’s expectation of privacy as reasonable. However, “courts have generally held that employees do not have a reasonable expectation of privacy in the workplace, especially if using hardware provided by the employer, or if the employee handbook says they may be monitored” (Beatty 1). The fact that the company’s policy prohibits use of company email for personal communication and in order to work there she had to have signed a contract and agreed to the company policies. Therefore, if she was using the company computer and company email to send personal messages with her mother, whether or not they were about her personal injuries, the corporation is within their rights to reprimand her for the violation. She does not have any legal claims against Capstone Corporation in that portion of the situation because she agreed to the company policies that prohibit the use of company email for personal communication upon starting her job there. The Electronic Communications Privacy Act of 1986 (ECPA) is a federal statute prohibiting unauthorized interception of access to, or disclosure of wire an electronic communication. This ECPA applies to employers too. According to the book called Introduction to Business Law “An Employer has the right to monitor workers’ electronic communications if (1) the employee consents; (2) the monitoring occurs in the ordinary course of business; or (3) in the case of email, if the employer provides the computer system” (Beatty 1). This means that the employer does have the right to monitor the electronic communication even if it has literally nothing to do with work activities which can include the employee’s actions or activities on any social media platform. However, employers cannot coerce or use any tricks to gain access to the employee’s accounts on social media. Even if Paula had expectations on keeping her pages private by limiting her social media accounts to “friends” and “friends of friends,” that particular setting does not ensure privacy because she has zero control over her friends’ friends, who in this case very well may have included her boss. Therefore, Paula’s supervisor, Mikey Manager obtained rightful access to her social media accounts because if she is voluntarily sharing these disparaging comments about her boss and Capstone Corporation on her social media accounts, then she has no legitimate expectation of privacy because society would not recognize an expectation of privacy as legitimate. [Show More]

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