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Please help me write a paper on the assignment attached. Please reference
Fundamental of Business Law: Summarized Cases (9th ed) along with laws that apply to the State of Texas. Please watch for plagiarizing, this professor is a stickler about it any content used must be sited.
Unit 8 Assignment:
Agency and Employment – 100 Points
Cardigan History
The Cardigan family has made a name for themselves in the sweater industry whereby
they have designed sweaters for a variety of uses and for a wide target audience
ranging from toddlers to business professionals. Cassandra, whom everyone calls
Cassie, is the CEO of CARDWARE Inc., Camoni is the spokesperson for the sweater
line, and Candie models the lines in the professional sphere. They often use their
mother, Camille, as a business consultant for input about various new ideas and
marketing because she was the manager and agent of her son’s glove company. Cora
and Caley, Camille’s two youngest daughters from her second failed marriage to Bo
Jenkins, are co-office managers of their headquarters located in Silkadonia.
CARDWARE is growing by leaps and bounds. It has now opened 10 new stores
nationwide under the name “The Sporty One.” It has been agreed by the Board of
Directors at CARDWARE Inc. that each store shall have a general manager and
assistant manager who both were to act as sales persons and one additional sales
person. The slogan the store advertises its sports ware with is “You don’t have to be an
athlete to look and feel like one.” The current sports ware that “The Sporty One” carries
shows a clothing distribution of 60% for females and 40% of its line is for males.
However, it would eventually like for it to be a 50/50 distribution. The Cardigans
research has demonstrated that the trend has been more female than male shoppers.
Further, following the marketing theory of many high end clothing stores, CARDWARE
prefers slender, young employees to work for it, so that the clothing line can keep with
the image of being sporty.
Petunia Rotunda, a middle aged, slightly plump woman saw an ad online for a
salesperson for The Sporty One and applied for the position. The ad read as follows:
WANTED: Salesperson experienced in retail sales or marketing preferred, energetic,
youthful, athletic, and able to “sport” the clothing lines of The Sporty One with style. The
Sporty One is a division of CARDWARE Inc. and proud to be an Equal Opportunity
Employer.
Petunia has had 5 years of retail experience working in a garden shop that did have
some flannel shirts and aprons as well as gardening gloves for sale. Noah Dahl, a
college graduate in marketing also saw the ad and applied for the salesperson position
at The Sporty One. Noah, a slender racquetball player has not had any retail experience
but has had customer service experience for an online gaming company.
After interviewing both applicants, CARDWARE’s General Manager, Chloe, one of the
cousins of the Cardigan clan has decided to hire Noah. Petunia was outraged claiming
that she should have been hired and that she has been discriminated against based on
her age. CARDWARE contends that Noah was more qualified as per the advertisement
as well as company image and future plans for the company; age had nothing to do with
it.
Noah began work the following week. Still angry, Petunia visited The Sporty One. She
began to harass Noah to the point where other customers started to leave the store.
Having had enough insults, Noah grabbed Petunia by the arm and shoved her towards
the door. She stumbled and ran into one of the clothing racks and thereafter knocked
over 92-year-old Hetty Whitestone who was passing by the mall store. Hetty suffered a
concussion and died.
Using the above facts given, please label with headings and discuss the following in this
order:
PART I:
Did CARDWARE have genuine BFOQs (Bona Fide Occupational Job
Qualifications) in its ad?
Do not forget to review the company’s slogan as given in the above facts.
Be sure to discuss Petunia’s point of view as well as CARDWARE’s
position and defenses.
Use legal authority to support your position as well.
PART II:
If Petunia brings a lawsuit based on negligence against CARDWARE and
The Sporty One, will CARDWARE be responsible for Noah’s behavior? If so,
under what theory?
What defenses might CARDWARE assert?
If Hetty Whitestone’s estate claims that CARDWARE should be
responsible for Hetty’s death, will it?
What defenses might CARDWARE utilize?
Directions for Submitting Your Assignment:
Before you submit your Assignment, you should save your work on your computer in a
location and with a name that you will remember. Make sure your Assignment is in the
appropriate format (Word), then, when you are ready, you may submit on the Dropbox
page.
Paper Submissions:
APA manuscript style dictates how your paper should appear on the page. For more
information on APA style, visit the following website:
American Psychological Association. (n.d.). Frequently Asked Questions About APA
Style®. Retrieved June 10, 2016, from http://www.apastyle.org/faqs.html
There are two types of APA manuscripts: Copy manuscripts (those submitted for
publication) and final manuscripts (those not submitted for publication). Copy
manuscripts are much more formal and may contain multiple sections. Specifically, they
will have an abstract (a 1-paragraph summary of the paper). The papers you produce
for most Kaplan University classes will be final manuscripts. Unlike copy manuscripts,
final manuscripts do not, unless specifically required by an instructor, require an
abstract.
They do include:
A title page
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