Case Analysis – Real Estate
Tuesday morning, the Chief Executive Officer for Jackson Miller Properties inspected her daily mail. In it was a letter from Attorney Malik Davis, a well-known local lawyer specializing in employment law. He was writing on behalf of two clients: Mr. Matt Evans and Ms. Jennifer Dawson. He has requested a meeting to see if satisfactory arrangements can be made for these two terminated employees before they file charges with the NLRB, saying they were terminated unlawfully. Section 8(a)1 will be cited for the violation.* In preparation for the meeting, the CEO asks the HR Director for a briefing on each case. She wants to know:
1) We don’t have a union. Why is the attorney talking about the NLRA?
2) The two workers bad-mouthed the company on Facebook, right? How does that relate to the NLRA? What are the legal criteria in the NLRA?
3) If the NLRB pursues this, what will be the company’s legal argument(s) to justify each termination?
4) What will each employee argue?
5) Are we likely to win? What should I tell the attorney when I meet with him?

*After reviewing the facts, explain what the company’s decision should be for each case. Also explain any remedies that are needed. Be sure to identify the legal concepts involved and use details from the case to show evidence in support of your position. Please limit your analysis to 2-3 double-spaced pages, total for both cases. Use APA for in-text citations and end references.

*This is a simplification of how it would be filed, but it should help you do the analysis.
 Employee Handbook
Section 5: Employment at Will
Employment is on an at-will basis. A written contract, signed by the CEO of the company, is needed to change that status.
Section 8: Courtesy Policy
Courtesy is the responsibility of every employee. Everyone is expected to be courteous, polite and friendly to our customers, vendors and suppliers, as well as to their fellow employees. No one should be disrespectful or use profanity or any other language which injures the image or reputation of the company.