Matthew decides to install video surveillance in every area of his restaurant so he can see how his wait staff interacts with the customers and with one another.

Assignment 5:

For each assignment in this course, you will be presented with two questions: A legal question and a practical advice question.

For the legal question, please answer the question using appropriate case law and/or statutory law. You do NOT need to use a full-fledged IRAC-type essay, but you should clearly identify the legal issue, cite appropriate authority and properly apply the authority to the question at hand.

For the advice question, you will be asked to suggest how an employer should undertake an action or policy in a way that is legal and appropriate. You do not need to cite authority (though you may), but your advice should be consistent with the principles you learned in this course.

Legal Question

Isaac is a real estate broker who is has just accepted a new job and received his first employment contract. The contract is for a three-year term and he can only be terminated for just cause. After six months, he is terminated because he sold only one apartment during his first six months on the job. Isaac would like to know your opinion as to whether he might have a cause of action against his employer for wrongful termination. Based on these facts, does he have a potential cause of action? Explain.

Advice Question

Isaac’s coworker, Nathan, was terminated for taking all of the extra food from an open house he had held, which violated company policy. Nathan claims that he was never told that he was not allowed to take home the extra food from an open house. The company claims that this rule appears in their company manual and that, in any case, the rule is self-evident. Nathan eventually wins the case. What should the company do to prevent this from recurring?


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