Why do you think informed consent is necessary in our modern society?

Employment at Will – Garp Courier Serivce (GARP)
The solution addresses each of the questions below, along
with the two at the case closing. There are two references to support the legal
conclusion and recommendations of what Mr. Jones should do.

Using the case study provided write a 1 page memo that
analyzes the case by:
1) stating the key elements of the applicable law ( in this
case the relevant law is employment at will and its exceptions ,
2) summarize key facts
3) apply the facts to the elements of the and its exceptions
4) draw a legal conclusion and explain why you support that
conclusion.

Garp Courier Service (GARP) is a successful new business in
the Washington DC area. The courier business is a very competitive industry.
The key to GARP’s success is their unprecedented “money back
guarantee” that all deliveries are completed within 30 minutes of
receiving the call. GARP is growing fast and plans to establish service in
other cities, starting with Baltimore.
Each of GARP 20 employees was hired with a handshake. On
their first day employees are given a distinctive blue and red spandex body
suit and a detailed employee handbook covering every aspect of the business
from dress code and demeanor, to hours of service, pay, profit sharing and discipline.
“This manual is the GARP bible. Lose it, or tell anyone our company
policies and methods and you will be both fired and sued,” warned Tony
Armstrong, the owner and manager. Regarding terminations the manual said all
employees are conditional employees for one year. After successfully completing
one year they would be considered “permanent” employees. Permanent
employees are paid $40,000 per year with health benefits and are eligible for
profit sharing. It also means they could be fired only for “cause” –
a phrase never fully explained. The manual also says in tiny, 8-point type, on
the next to last page, and after the signature page, that the manual is for
“employee information purposes only and is not an employment
contract.”
Homer Jones was GARP’s most successful courier. He was the
first employee hired 3 years ago. He knew he was a fortunate recipient of
Tony’s business system. He had the best list of clients and he worked very
hard. He had to. Homer had a family to support including a little boy with
heart problems. Homer realized, unlike other courier services, GARP couriers
could ride and park their bikes anywhere – streets, sidewalks, even inside
buildings. All doormen cooperated with GARP couriers; in contrast to the
hostility they showed other couriers. Homer showed his appreciation; each
Christmas he liberally handed out turkeys to friendly doormen, police officers
and other “associates” who helped him.
GARP couriers have no trouble with the police. They did not
obey traffic or street signs if they slow them down. If they get a ticket,
unlike other couriers who pay the fine themselves, they just give the ticket to
Tony. Homer tore through the city making twice as many deliveries as other
couriers. Last year he earned a six-figure salary through salary, tips, bonus
and profit sharing.
Due to his savvy, drive and experience Tony wanted Homer as
his manager when decided to expand the business to Baltimore. Naturally, Homer
was reluctant to give up his current job to start in a new city. But Tony Armstrong
was uniquely persuasive. He said, “I got things set up. Go to Baltimore
for a year and see how it goes. You can always get your job back here.” It
was “an offer he could not refuse”. Homer relented and said goodbye
to his comfortable job and life. His wife quit her job and the kids were
removed from school and relocated in Baltimore where Homer bought a new house.
As manager, Homer was guaranteed an annual salary, plus commissions on all
deliveries and a higher percentage of company annual profits. The company also
promised to hire 12 couriers within 3 months and have 20 hired within one year.
The marketing budget called for huge increases in monthly increments through
the first year.
On his first day of work Tony sat down with Homer and said;
“this is “Management 101″ at GARP, Homer. This is a list of
police officers, government officials and doormen in the Baltimore area. Every
name on the list gets $100 cash on the first day of each month.” When
Homer asked why, Tony said “How you think we keep the cops from busting
the couriers for the reckless riding they do? What gets those doormen to
cooperate? This is just “appreciation money”. It ensures the cops,
bureaucrats and other problems are taken care of. It’s why we can guarantee
30-minute deliveries, you idiot! You make these payments or we are just another
courier service. Understand!?
Afraid to argue, yet not comfortable paying what he
perceived as bribes, Homer tried to make the business work without them. He
took the money but put it in the bank. Homer worked day and night, trying all
kinds of marketing and operations strategies. He bought motorized scooters and
found strategic partners. The business made money but failed to match the DC
office. So Homer developed a business plan that aimed for comparable profits
within a year. Proudly he took it to Tony; who said very little, but signed off
on Homer’s plan.
After 3 months Tony and Homer were at odds. Tony never hired
more than 3 couriers in Baltimore. When Homer asked Tony to follow through on
his promises or give him his DC job back, Tony assured Homer the new hires were
coming. Soon Tony withdrew marketing money and short-term credit with the
Baltimore bank. Homer could not meet payroll and advertise. After 9 months it
was clear the business would fail. Homer was passed over for quarterly bonuses;
nor did he receive the commissions from the work being done. Soon Tony stopped
marketing in Baltimore and business suffered badly. One day Homer noticed a
former GARP courier working in Baltimore. A brief investigation revealed Tony
had opened another courier service in Baltimore under a different name. Homer
went to Tony and said he wanted his old job back in DC. Tony laughed and said,
“We are one week from firing you, Homer. Why don’t you quit and save everyone
the embarrassment? Homer, you just don’t have the right stuff to manage a
business. You flinched on the first day. Nothing has been right since.”
Upset and desperate about family expenses Homer quit. He also went to the
newspaper to expose the monthly payments. Finally, Homer came to you to sue
GARP. You listen to his story and publish a memo on how you would sue GARP using
employment at will is the critical issue (in other words this is NOT a
discrimination case.)
What legal theories will you pursue?
What facts/evidence support each theory?Employment at Will – Garp Courier Serivce (GARP)The solution addresses each of the questions below, along
with the two at the case closing. There are two references to support the legal
conclusion and recommendations of what Mr. Jones should do.Using the case study provided write a 1 page memo that
analyzes the case by:1) stating the key elements of the applicable law ( in this
case the relevant law is employment at will and its exceptions ,2) summarize key facts3) apply the facts to the elements of the and its exceptions4) draw a legal conclusion and explain why you support that
conclusion.Garp Courier Service (GARP) is a successful new business in
the Washington DC area. The courier business is a very competitive industry.
The key to GARP’s success is their unprecedented “money back
guarantee” that all deliveries are completed within 30 minutes of
receiving the call. GARP is growing fast and plans to establish service in
other cities, starting with Baltimore.Each of GARP 20 employees was hired with a handshake. On
their first day employees are given a distinctive blue and red spandex body
suit and a detailed employee handbook covering every aspect of the business
from dress code and demeanor, to hours of service, pay, profit sharing and discipline.
“This manual is the GARP bible. Lose it, or tell anyone our company
policies and methods and you will be both fired and sued,” warned Tony
Armstrong, the owner and manager. Regarding terminations the manual said all
employees are conditional employees for one year. After successfully completing
one year they would be considered “permanent” employees. Permanent
employees are paid $40,000 per year with health benefits and are eligible for
profit sharing. It also means they could be fired only for “cause” –
a phrase never fully explained. The manual also says in tiny, 8-point type, on
the next to last page, and after the signature page, that the manual is for
“employee information purposes only and is not an employment
contract.”Homer Jones was GARP’s most successful courier. He was the
first employee hired 3 years ago. He knew he was a fortunate recipient of
Tony’s business system. He had the best list of clients and he worked very
hard. He had to. Homer had a family to support including a little boy with
heart problems. Homer realized, unlike other courier services, GARP couriers
could ride and park their bikes anywhere – streets, sidewalks, even inside
buildings. All doormen cooperated with GARP couriers; in contrast to the
hostility they showed other couriers. Homer showed his appreciation; each
Christmas he liberally handed out turkeys to friendly doormen, police officers
and other “associates” who helped him.GARP couriers have no trouble with the police. They did not
obey traffic or street signs if they slow them down. If they get a ticket,
unlike other couriers who pay the fine themselves, they just give the ticket to
Tony. Homer tore through the city making twice as many deliveries as other
couriers. Last year he earned a six-figure salary through salary, tips, bonus
and profit sharing.Due to his savvy, drive and experience Tony wanted Homer as
his manager when decided to expand the business to Baltimore. Naturally, Homer
was reluctant to give up his current job to start in a new city. But Tony Armstrong
was uniquely persuasive. He said, “I got things set up. Go to Baltimore
for a year and see how it goes. You can always get your job back here.” It
was “an offer he could not refuse”. Homer relented and said goodbye
to his comfortable job and life. His wife quit her job and the kids were
removed from school and relocated in Baltimore where Homer bought a new house.
As manager, Homer was guaranteed an annual salary, plus commissions on all
deliveries and a higher percentage of company annual profits. The company also
promised to hire 12 couriers within 3 months and have 20 hired within one year.
The marketing budget called for huge increases in monthly increments through
the first year.On his first day of work Tony sat down with Homer and said;
“this is “Management 101″ at GARP, Homer. This is a list of
police officers, government officials and doormen in the Baltimore area. Every
name on the list gets $100 cash on the first day of each month.” When
Homer asked why, Tony said “How you think we keep the cops from busting
the couriers for the reckless riding they do? What gets those doormen to
cooperate? This is just “appreciation money”. It ensures the cops,
bureaucrats and other problems are taken care of. It’s why we can guarantee
30-minute deliveries, you idiot! You make these payments or we are just another
courier service. Understand!?Afraid to argue, yet not comfortable paying what he
perceived as bribes, Homer tried to make the business work without them. He
took the money but put it in the bank. Homer worked day and night, trying all
kinds of marketing and operations strategies. He bought motorized scooters and
found strategic partners. The business made money but failed to match the DC
office. So Homer developed a business plan that aimed for comparable profits
within a year. Proudly he took it to Tony; who said very little, but signed off
on Homer’s plan.After 3 months Tony and Homer were at odds. Tony never hired
more than 3 couriers in Baltimore. When Homer asked Tony to follow through on
his promises or give him his DC job back, Tony assured Homer the new hires were
coming. Soon Tony withdrew marketing money and short-term credit with the
Baltimore bank. Homer could not meet payroll and advertise. After 9 months it
was clear the business would fail. Homer was passed over for quarterly bonuses;
nor did he receive the commissions from the work being done. Soon Tony stopped
marketing in Baltimore and business suffered badly. One day Homer noticed a
former GARP courier working in Baltimore. A brief investigation revealed Tony
had opened another courier service in Baltimore under a different name. Homer
went to Tony and said he wanted his old job back in DC. Tony laughed and said,
“We are one week from firing you, Homer. Why don’t you quit and save everyone
the embarrassment? Homer, you just don’t have the right stuff to manage a
business. You flinched on the first day. Nothing has been right since.”
Upset and desperate about family expenses Homer quit. He also went to the
newspaper to expose the monthly payments. Finally, Homer came to you to sue
GARP. You listen to his story and publish a memo on how you would sue GARP using
employment at will is the critical issue (in other words this is NOT a
discrimination case.)What legal theories will you pursue?What facts/evidence support each theory?

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