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Vandalay Case

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4. Issue: Barry was working at Vandalay as a machine operator prior to serving 16 months in Afghanistan in the National Guard. Upon his return to Vandalay HR told him he was being reassigned to custodial duties at a 25% pay cut. The issue is whether Vandalay can reassign his job to a lesser paying one upon his return. Rule: “The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) seeks to ensure that those who serve their country can retain their civilian employment and benefits, and can seek employment free from discrimination because of their service, by expanding the cumulative length of time that an individual may be absent from work for uniformed services duty and retain reemployment rights” (Workplace Fairness). “When you return …show more content…

It is unclear how Hugo made his statement, besides for that it was spoken. If it was publically stated then all of the employees at Vandalay Industries could file suit for deformation of character. Because the spoken word often fades more quickly from memory, slander is often considered less harmful than libel (Defamation Law). Conclusion: The employees at Vandalay Industries at the time of Hugo’s statement can look to file suit against Hugo for deformation of character. However because the statement was spoken and not written they will have a harder time winning the lawsuit. 6. Issue: VP of Vandalay Industries, Hugo notifies all employees they are now subject to 24 hour monitoring. The issue is whether Hugo has justification to start monitoring his employee’s actions 24 hours. Rule: “Employee privacy has become a greater concern as more and more employees have turned to the Internet and other electronic media to communicate both on and off the job. ... Employers can generally search through anything that happens on company computers” (Employee

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