Scenario: Digicel Corporation has 300 employees and this is one of the best places to work if you live in Fairport, NY. People are well paid, they have great benefits, and they also have a great retirement plan. However, for the past three years, the company hasn’t been doing so well, sales went down and business was really slow. Digicel Corporation came with an idea of Reduction in Force (RIF).
The company must reduce its sales force so we will chart sales for the last year by each sales employee and lay off sales staff whose sales are in the lower third compared to the rest. A quick look shows that most laid off will be 50 or over. They will not be replaced in the near future, but the staff remaining will average about 38 years old, ranging from 25 to 53. What is the likelihood of legal liability if we do so, and may we eliminate that by requiring they sign a release of claims?
• An outline demonstrating research and analysis in an outline format (including your topic, citations to the main sources of your research, and your anticipated conclusions based on your research).
• The final paper, Primary and secondary research is expected. A minimum of five outside references to legal authority (beyond the text) is expected. Such authority includes statutes, regulations, case law, agency guidance, and law review articles. The analysis should include 8-10 pages of discussion of the law, regulations, and case law related to your topic, and how the law applies to your topic. Your analysis must support your conclusion. You are expected to explicitly draw on legal authority and concepts presented in your readings, and to apply them to the particular situation.
• The format for the Final Paper: The suggested format for the research paper is that used for a legal memorandum of law.
• Use law, and regulation related to UPSTATE New York.
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