In the semester there will be posted in the Discussions a fact scenario that relates to the material in the textbook and handouts. A series of questions will be posted with this scenario. Each student who participates in this discussion can receive up to 15 points per scenario for the answers and 5 points for the response.
Participation is defined as posting one’s comments or answers to the questions in the assigned forum and responding in any forum. Have a discussion please. If you wish to respond in a different forum, Canvas will require you to first post a short introduction and then you can see the threads in that forum.
“Yes” or “No” or “I agree” is not an answer nor is it a response. I’m looking for developed answers that include an analysis of the scenario in relationship to the content of the textbook. A response is a comment(s) to someone so please indicate whose post you are responding to and develop your answer. I don’t know the context for your response if I don’t know who, by name, you are responding to. The statement, “I agree with you”, doesn’t tell me who you are responding to as all I see is a string of names.
The following is from a student who posted a long response but really didn’t say anything: “I agree with all of the examples and such that you gave. The examples you gave from the book are very good and are actually substantial. I agree with your viewpoints as well. I would be in favor of xyz in this situation as well for the reasons you had said and other reasons listed in my post. Overall, great post! Keep up the good work!” What did this student say besides “I agree with you”?
There must be at least one reference to chapter/page/lecture note in a student’s discussion. If a student chooses not to participate, no points will be received. Minimal participation will yield partial points.
You may find that some student(s) who posted prior to you may have covered the points you wanted to cover. Explore the material to see if there isn’t something additional to add or a new perspective. Perhaps you can explore the “opposition” side. I’m looking for analysis using the scenario facts and the materials in the text and online – there is no right or wrong answer – it’s how you discuss and support your position that’s critical. That means some legal theory for your answer must appear. However, an incorrect application of the material, e.g., a tort concept in a breach of contract action without adequate support will result in some point deductions.
Remember, there are always different ways of looking at things – You say goodbye and I say hello. There is a certain amount of vagueness in the facts of each scenario to allow for different perspectives.
Students will be divided into groups according to the first letters of their last names. (Jury 1 A-C for example). Each group will be assigned a different scenario. Please monitor Canvas’s Discussion to see which Scenario/Group you have been assigned to. While a response can be posted in any forum following the directions above, the initial post must be submitted in the assigned forum.
All forums are deliberately kept to a maximum of 5 members in order to allow each member enough new material to discuss. If the forum gets to large because students outside the forum post to the initial questions, it robs the forum members of an opportunity to demonstrate their analytical skills.
If a non-forum member submits an initial post, not a response, in the incorrect forum, it will be treated as a response for purposes of grading and given no more than 2 points.
All discussions will be posted in the Discussions section. That is also where the Scenarios will be found. Each student’s analysis/discussion must also be posted in the Discussions.
When you respond to another’s post, please indicate the student(s) to whom you are responding. It can be difficult to follow your response if I don’t know the basis for that response. And please, remember to introduce yourself as a visitor to that forum as a matter of courtesy. This is important – you must create a new thread to introduce yourself before you can read the other students’ posts. You don’t need to do this in your own forum. In fact, do not do it. Creating a new thread in a forum to which you weren’t assigned and answering the scenario questions as though the answers are a response, won’t count as a 5 point response. That will result in a maximum of 2 points towards the 5 points for a response.
DO NOT prepare your answers as an attachment. I won’t open it to grade it and I don’t expect another student to open an attachment from someone they don’t know.
Spelling and grammar are a part of the grading and deductions will be taken if there are errors in these areas.
There are NO MAKEUPS for this assignment if missed. You will have a minimum of 4 days in which to complete the scenario to which you are assigned. I will not take these late because once the dates have passed, the class has moved on and the discussion is no longer taking place. Posting a late response will therefore not contribute to the class discussion, which is why they won’t be accepted.
You are required to create a thread and post something before being able to view the other students’ posts. I have observed that some students attempt to “scam” the forum by posting a sentence in their assigned forum as their initial answers. That enables them to view the other posts. Then they will be able to continue their answers in a second post having the benefit of seeing what others have written. If I believe you’ve done that, you’ll receive points only for the first post which is generally -0-.
Do not edit your original post unless you ask me first. I will treat an edited post according to the requirements laid out in the paragraph preceding this one.
I can tell if you’ve done this due to the lapse of time between your “introduction” post and then the actual answers to the scenario. If you accidentally click “submit” before you are finished, then email me immediately and tell me what you’ve done so I can keep that in mind when I grade your initial post.Tooters Restaurant used an alternative dispute resolution program. Employees of Tooters had to sign an “agreement to arbitrate employment-related disputes” to be eligible for raises, transfers, and promotions. Under the agreement, both Tooters and the employee agreed to resolve all disputes arising out of employment, including “any claim of discrimination, sexual harassment, retaliation, or wrongful discharge, whether arising under federal or state law,” through arbitration.
In a separate policy document not shared with employees until after they had signed the agreement, Tooters set forth the rules and procedures of its arbitration program:
The employee had to provide notice of the specifics of the claim, but Tooters did not need to file any type of response to these specifics or notify the employee of what kinds of defenses the company planned to raise.
Only the employee had to provide a list of all facts or witnesses and a brief summary of the facts known to each.
While the employee and Tooters could each choose an arbitrator from a list, and the two arbitrators chosen would then select a third to create the arbitration panel that would hear the dispute, Tooters alone selected the arbitrators that were put on the list.
Only Tooters had the right to widen the scope of arbitration to include award any matter, whereas the employee was limited to the matters raised in his or her notice.
Only Tooters had the right to record the arbitration.
Only Tooters could cancel the agreement to arbitrate or change the arbitration rules.
Samantha Phillips had worked as a bartender at the Tooters restaurant for about five years before Tooters adopted its arbitration policy. Samantha was given a copy of the agreement to arbitrate to review for five days and then sign. Approximately two years later, a Tooters official grabbed and slapped her buttocks. After appealing to her manager for help and being told to “let it go,” she quit her job. When she threatened to file a lawsuit for sexual harassment, Tooters filed an action in federal district court to compel arbitration of Phillip’s claims.
- Should Samantha be forced to settle her claim through arbitration? Why?
- Assume your company’s arbitration policy was exactly like Tooters’. Name one aspect would you retain, and which one might you change? Why? Be specific.
It is acceptable to use the Power Point slides for the required text reference.
In October, 2019, California companies can no longer require employees to sign an agreement forcing harassment, discrimination and wage claims into arbitration as a condition of employment instead of being able to sue.
California’s legislation was careful not to conflict with the Federal Arbitration Act and U.S. Supreme Court case law that allows companies to enforce mandatory arbitration agreements. The new state law says it’s illegal to require mandatory arbitration as a condition for employment, but doesn’t invalidate existing agreements. It also protects employees from retaliation and allows them to go to the state Labor Commissioner’s Office.
