Sara is female, age 35, and works at A Co.

Sara is female, age 35, and works at A Co. LLC (hereinafter, “A”). All employees at A sign a non-compete, non-disclosure and arbitration contract with A. The HR manager tells them that they are “at will” employees. Lately, Sara has been disgruntled at work, she has been working 65 hours per week, her salary is $20,000. Her male co-workers are making $50,000.

Sara works on the assembly line making widgets. Sara likes to go out after work with her friends. When she is out with her friends, she many times talks about the new Research and Development that is going on at A. She knows about it because she regularly has lunch with Tom who works in the Research & Development department at A. They usually have lunch in the break room together.

One day after lunch, the break room was empty and Sara asked Tom about new product development and became flirtatious with him moving close to him as he told her about a new product that was to be announced the next day. Tom took the cue and moved close to Sara, locking her up against the wall and kissing her. She did not struggle at first; however, did after a second, telling Tom to stop. Tom then slapped her, called her a derogatory word and told her she couldn’t leave. She kicked him and ran out of the room.

Sara went out with her friends that night and told them of the both things that Tom did, first the kiss then she told them of the new product.

The next day Sara called the Department of Labor to tell them about her salary. The DOL immediately began their investigation. Sara was late coming back from lunch that day and her immediate line manager terminated her that day.

The next week, Sara went to work for C Co. who thereafter announces a new product similar to A’s new product.

That same week A receives a charge of discrimination from the EEOC for sexual harassment filed by Sara. The A human resource manager looks through Sara’s employment file and sees that the former HR manager did have Sara sign the required contracts, Sara took the sexual harassment training seminar and passed the test, and Sara had failed two drug tests over the years and had been warned that she would be terminated for a third failure.

In the meantime, Tom talks to his supervisor and tells him of his conversations with Sara about the new product and explains that he liked Sara and trusted her and thought that they were to begin dating soon.

All of these incidents are a topic of conversation at the next management meeting where the managing members decide that it is time to call their attorney-YOU-what are the issues and how would you resolve them?

Define the issue i.e., “contracts” “torts”.

2. Apply the law.

3. State how you would resolve the issue

4. Please find 6 or more issues.