comment on two of the cases below separately i will send you two other posts where you have to comment on their posts in 5 10 lines
Case 1: The Smoking Employee
Diana wanted to stop smoking, but smoking seemed to provide the only release from her hectic life. She worked in a building were smoking was not permitted, so she could only smoke outside on her breaks. Most of her fellow smokers would stand around the back door to smoke, but Diana liked to sit in her car and listen to music while smoking on her 15-minute breaks.
One day, as she had done many times before, Diana was sitting in her car smoking on a break. This time, however, the owner of the business looked out the window and saw Diana smoking in her car. For some crazy reason, the employer thought Diana was smoking marijuana — although there was no basis for this conclusion. He fired her the moment she returned from her break.
What are Diana’s rights? Is this legal at present? Is this fair in your opinion? Are there Constitutional issues here? Is it a breach of an employment contract?
Case: Social Media
George’s, Fred’s, and Sue’s employer was a chain pizza parlor located in a shopping mall near their university, the State University of New York at Albany.
The local manager decided that rumors of sexual harassment of customers were so concerning that each employee would be required to disclose their user name and password for all social media accounts. George, Fred and Sue all did this.
On looking into their posts, the manager found nothing in any social media accounts indicating sexual harassment was a concern. However, George had shared several jokes that were clearly racist. Fred had told friends the pizza was over-priced at the restaurant and the manager was a “jerk.†Sue was trying to get a better paid job at a local competitor.
The manager fired all three employees. Was that fair in your opinion? Was that legal? If one of the three had refused to share their social media information could they have been legally fired? If your answer to any of these questions differs for the three employees, please explain why.
