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employment law notes 3

employment law notes 3 - Chan Park Employment Law Burdens...

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Chan Park Employment Law Burdens of Proof π-v-∆ -We seesaw and the plaintiff has to get more than 50% to win if the defendant is 50% - 50% the defendant wins. The plaintiff (π) he has to top the scale by at least 51% Criminal beyond reasonable doubt Civil preponderance of evidence Briefing a case π-v-∆ (S.C 1974) 1) Forum(court) 2) Parties to the case 3) Procedure of Case How 4) Facts of the case 5) Issue (legal issue being decided) 6) Holding of case (outcome conclusion) 7) Reasoning 8) Disposition of the case affirmed/Reversed/Remanded 9) Dissent: opinion that disagrees Remanded sends back to lower court. S.CT CT APP Employment-at-Will Duke University Mr. A shows that it was a policy of Duke University And for Woolley employee hand book was an implied contract (K) Constitutional claims 1) us constitution 2) State constitution -public sector - “State action” Duke University Arbitration usually a private case
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1) Forum : Arbitration case 2) Parties : Employer (Duke) , Mr. A (employee) 3) Facts : Mr. A: Supervisor Ms. B employee - They have been dating when they were employee - Ms. B gets married - Ms. B complain about Mr. A’s actions - Duke 1 st investigates couldn’t tell if Mr. A continued w/ the advances: a strong letter of reprimand to Mr. A. - He gets suspended and 2 nd investigation starts - They show them a tape and Ms. B takes it back, - They also ask the employees that work at the lab about the actions - Some denied. - Mr. A is terminated after 2 nd investigation. 4) Procedure: (exception to employment at will) duke has a policy that people fired can get it reviewed. 5) Issue: whether the discharge of Mr. A with just causes, and if not what shall be the remedy? 6) Holding: no, remedy 1) reinstatement 2) No back pay 3) Suspension (time served) 4) Demotion 5) Require counseling 7) Reasoning: there was conflicting evidence, and it was not clear. The tape was not used at arbitration because they took the tape back. Woolley-V-Hoffman-LaRoche (NJ Supreme Ct 1985) 1) Parties : π(plaintiff) Woolley ∆(defendant) Hoffman LaRoche 2) Facts : - hired by company didn’t have a contract a.i.1.a. Had an employee handbook a.i.1.b. Got promoted etc. a.i.1.c.
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