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Are there situations in which the duty of loyalty could conflict with other duties? Explain your answer. Chapter 26

Are there situations in which the duty of loyalty could conflict with other duties? Explain your answer.
Chapter 26

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Duty of Loyalty. Are there situations in which the duty of loyalty could conflict with other duties? Explain your answer. (see duties of agents and Principals)

Duty of Loyalty. Taser international, Inc., develops and makes video and audio-recording devices. Steve Ward was Taser’s vice president of marketing when he began to explore the possibility of developing and marketing devices of his own design, including a clip on camera. Ward talked to parent attorneys and a product development company, and completed most of a business plan before he resigned from Taser. He then formed Vievu, LLC, to market the clip-on camera. Did Ward breach the duty of loyalty? Could he have taken any steps toward starting his own firm without breaching this duty? Discuss. (see duties of agents and Principals).

Chapter 27

Workers compensation. Should workers’ compensation be denied to a worker who is injured off the employer’s premises, regardless of the reason the worker is off the premises? Why or why not? (see worker health and safety.)

Overtime. McNeill Pediatrics is a subsidiary of Johnson & Johnson (J&J). Patty Smith was a McNeill senior professional sales representative. Her position required her to visit prescribing physician to extoll the benefits of J&J pharmaceuticals. She targeted ten doctors per day, with revisits each quarter. Plans to maximize results were at her discretion. Her base salary was $66,000, with potential bonuses. Was Smith eligible for overtime pay? Is it fair to exempt any employees from overtime pay requirements? Why or why not? (see wage and hour laws).

Chapter 28

Employment discrimination. Should English-only policies in the workplace be considered a form of national-origin discrimination? Explain. (see title VII of the Civil Right Act.)

Online Harassment. Should an employer’s e-mail system be considered part of the workplace? Discuss your answer. (see title VII of the Civil Right Act.)


 

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