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In this scenario, you are an employee reporting to the HR director and you are preparing a memorandom for the company president(2-3 pgs). He/She has asked you to do a legal analysis in a technical writing format and come to a conclusion about possible for your company given the specific fact scenerio.
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(1)First analyse the actual case.
(2)Use standard memorandum format
(3) Use the ff paragraph “headings” for the content.
a) Background- (invented summary of the factual situation in your company),
b) Issue- (statement of the primary relevant legal issue; use a format
similar to: “The issue is ‘whether’ such and such actions constitute
such and such discrimination.”),
c) Rule- (statement of the status of the in regard to that type of harassment),
d)Application
e) Conclusion- (statement of the way you believe your company’s pretend
scenario will be resolved based on your research of other cases),
f) Recommendation- (make a firm recommendation to the President
regarding the best resolution in this case and a method of preventing
such a situation from occurring in the future),
g) References- (Include at least three source citations for your paper: include the actual case, and a statute or other case)
THE CASE.
An employee got hurt on the job,was unable to work for a period of
time,and recieved workers benefit. His employer did not deduct the
employee’s share of health insurance premium from his workers
compensation payment or otherwise notify the employee as to how he
should continue to make contributions toward his health insurance.The
health insurance was maintained by the employer for six months.
Thereafter, the employee was informed that his health insurance coverage
had been terminated. The employer claimed that the reason for the
termination was nonpayment of the employees’s premiums and,thus no COBRA
notification was required. Did this employee experience a qualifying
event? Were his rights violated?
(Aquilino v. Solid Waste Services,2008 U.S. Dist. LEXIX 47168(E.D. Pa))
