HRER 501 Twelve.docx - 1 HRER 501 ASSIGNMENT TWELVE HRER...

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1 HRER 501: ASSIGNMENT TWELVE HRER 501: Assignment Twelve Nicole Mercadante Pennsylvania State University
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2 HRER 501: ASSIGNMENT TWELVE Question Set One Issues: -When Gary took Al into the back office with the security guard escort and locked the door, this could open a claim for false imprisonment. The locked door acts as a physical barrier that would be considered confinement. -Since Al is not within a union he does not have the right to a representative or attorney during the interview with his employer. -There was no direct evidence of Al stealing and Al denied stealing in his interview yet he was still terminated. The termination of Al occurred without any probable cause and in favor of the accusing party. Therefore, he could establish a claim of malicious prosecution against Gary. -Gary may be liable for a privacy claim because consent was not obtained prior to searching Al’s personal belongings and Al refused to allow Gary’s search therefore it was forcibly done. -The search of Al’s belongings was conducted in front of the public and other employers therefore opening grounds for a defamation case since it implies that Al did something wrong. Rule: -In Johnson v. Federal Express Corp. (M.D. Ala. 2001), the plaintiff was confined to a glass room in view of the office, escorted by security, not allowed to make private phone calls, and prevented from leaving. This false imprisonment claim could go to trial because of the intentional restraint of the plaintiff’s employer.
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3 HRER 501: ASSIGNMENT TWELVE -In Lawson v. New York Billiards Corp. (E.D.N.Y. 2004), in the case of malicious prosecution, a chef was terminated for allegedly stealing kitchen equipment and arrested. The restaurant was not granted summary judgment because they played an active role in prosecuting the employee, there need not be a trial, and they lacked probable cause due to lack of evidence. -In Wal-Mart Stores v. Lee (Ark. 2002), an employee’s home was searched in pursuit of stolen goods. The employee was coerced into consent and his household goods that were suspected to be stolen were displayed on the employee’s lawn. The court upheld that this was an illegal search and seizure. Application: -In the case of Al, he was subject to false imprisonment because he was confined to a room during the interview process and the door was locked preventing him from leaving which created a barrier of confinement. He was also escorted by the arm to the back room by a security guard creating a sense of physical force.
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