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Employment law case studies
Aspects of employment law
Legal aspects of employment
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Marco “Marlo Kaitlin,” a former Wells Fargo employee, claims she was harassed and mocked to the point that brought her near to suicide. Her lawsuit against Wells Fargo was filed with Los Angeles Superior Court last July 14th. She alleged wrongful termination, discrimination, harassment, hostile work environment, retaliation, and intentional and negligent infliction of emotional distress on the part of Wells Fargo. She claims it all started with her decision to transition from a man to a woman.
Throughout the negotiations, part of Gallegos’ case was dismissed due to a long history of job performance issues and absenteeism. Wells Fargo claimed that they had a strong commitment dating back 25 years to the lesbian, gay, bisexual and transgender community. They also publicly stated that they believed discrimination of any kind against any group is wrong. They responded to Gallegos’ allegations by stating that the claims were wrong and inconsistent with how Wells Fargo treats its employees.
Facts of the Case According to the Lawsuit:
• When Gallegos was hired for the Wells Fargo El Monte consumer call Center in August of 2010, she presented herself to the public as a male.
• In December 2010, Gallegos began taking testosterone blocker and other hormones designed to help
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Gallegos’ attempts to transfer to another area at work (the Spanish speaking call center) were mocked, but she was given the new position. Yet colleagues immediately began using demeaning comments (i.e. “I thought he was just an ugly woman!” and nicknaming Gallegos “The Mask.”) Gallegos again lodged a complaint with a supervisor, but saw no appropriate response. She eventually changed her name from Marco to Marlo
Employees were using the cross-selling which is a concept of attempting to sell multiple products to consumers. This concept led to fraudulent actions, in fact employees were encouraged to order credit cards for pre-approved customers without their consent, and to use their own contact information when filling out requests to prevent customers from discovering the fraud. " The Wells Fargo scandal was far different. Instead of a select few doing bad things, the unethical behavior was widespread at the bank, with thousands of employees engaged in secretly creating new bank and credit-card accounts for customers without their knowledge, resulting in overdraft and other fees." (Kouchaki, 2016). According to the Los Angeles City Attorney, employees were opening and funding accounts without customers' permission or knowledge in order to "satisfy sales goals and earn financial rewards under the bank's incentive-compensation program." This means that the board members of the bank were aware of that it wasn't by the employees' own wills. In fact, they were pressured by aggressive goals and performance which led them to immoral behaviors. Facing this problem, Wells Fargo bank had to take some measures to avoid bankruptcy, losing customers, or loosing brand
Analysis / Ruling of the Court. The district court granted the employer’s motion for summary judgement on the sexual harassment claim due to the fact that Sherry Lynch treated both men and women equally in this case; that is, she behaved in the same vulgar and inappropriate way towards both genders. For this reason, Smith’s gender was not a contributing factor to the harassment, which is one of the conditions that would have to be met for the sexual harassment claim. The appellate court agreed and affirmed the district court’s judgement. The district court ended up excluding evidence pertaining to the sexual harassment claim because the sexual harassment claim had been dismissed on summary judgement, and because the court decided that the details of the harassment bore little relevance to the retaliation case whereas this evidence would be unfairly prejudicial to Hy-Vee. The appellate court affirmed the district court’s judgement. Smith did not offer any specifics on what evidence she would have wanted to present, which made it hard for the court to determine whether this evidence was material to the retaliation case or not. In her opposition to the motion in limine, she said she only wanted to discuss the harassment case in general, including mentioning that Lynch had harassed/touched her inappropriately. Hy-Vee had no objection to this, and Smith got to present this much evidence in the trial. Therefore, the appellate court found that she waived any objection to the
MILLERSBURG — After deliberating for three hours, a jury of four women and eight men found a Holmesville man guilty of making and possessing methamphetamine, all within the vicinity of juveniles and a school.
UST Inc. is a dominant player in the smokeless tobacco industry. We have been tasked with weighing the cost and benefits of having leverage in their capital structure and to advise the CEO whether or not to go ahead with the recapitalization. After solving for UST’s credit ratings and value given three different stock buyback scenarios, $700 million, $1 billion, and $1.5 billion, we would suggest that UST move forward with the recap at $1 billion.
Deere & Company (Deere) has been experiencing a decrease in its profit margins for one of its aftermarket resale products, specifically the gatherer chain, over the past couple of years. Currently, the cost-price ratio is at 80% compared to last year’s 50%. The purchase cost for the gatherer chain has been steadily increasing, while the aftermarket price has been decreasing. Deere has been budgeting its price to match that of a major competitor, which has been causing the decrease. The company’s main supplier of its gatherer chain is Saunders Manufacturing, with which Deere has established a long term relationship. The owner of Saunders has a reputation of being a tough negotiator, and is someone who is known for not willing to share financial information about the company. However, the U.S. Department of Commerce has provided financial estimates in Saunders’ industry as follows: material spend, 42%; direct labor, 16%; indirect labor, 6%; Overhead, 20%. These percentages are helpful to Deere because they can be used in the negotiation process with Sanders. Since Sanders will not share any specific cost information, Deere is able to use these estimates as a way to justify Sanders reducing its prices. Using these estimates during the negotiations might also incentivize Sanders to provide accurate numbers for its specific manufacturing costs.
In this case, Taylor who was the Vice President of Meritor Bank hired Vinson as a teller for Meritor Savings Bank. For Taylor, there was an instant attraction to Vinson and he pursued her sexually. Vinson started meeting Taylor outside of work and the relationship grew to be of the sexual nature. Taylor, being her boss, started showing possessive displays of affection within the work place in front of job candidates and current employees. Taylor then suggested that Vinson apply for a higher-ranking job he supervised. Vinson deliberated on it, decided to interview, and was then promoted. Taylor and Vinson had many sexual encounters, 40-50 times, during the course of her employment with the bank. Taylor started getting more aggressive with his impromptu barrage of sexual encounters in places like the women's bathroom. When Vinson notified Taylor that she had developed and was embarking on a relationship with another male, Tay...
Cramer came out right after talking about Wells Fargo code of ethics. The code of ethics states that Wells Fargo will act with responsibility such as honesty and integrity and that they
Filotea de la Cruz, a female. Sor Juana bashes on the fact that he who despises women
In January 2011, The City of Kansas City, MO lost its second multi-million dollar employment discrimination lawsuit in a one-week period. The former city employees, Jordan Griffin and Coleen Low, were awarded $345,000 and $517,000 respectively by the jury. Griffin, a former Senior Analyst and Commissioner of Revenue, says she was given the nickname “White Chocolate” in the false belief she would favor minority hires. She also says she was harassed when she refused to participate in the biased-hiring process and was overlooked for an interview for the Commissioner of Revenue position on a permanent basis because it was already “pre-determined” that the position would be filled by an African American. When the then Senior Analyst Low spoke up on her colleague’s behalf, she says the city laid her off as well. The city’s, assistant attorney, said the city did nothing wrong and that the city was forced to layoff another 73 people that year due to the slump in the economy (Evans). Did Griffin and Low deserve the money they were compensated and does reverse discrimination exist?
...y couple who co-habituate. Hal is the breadwinner of the Goldsmith family and it would be devastating if he were unable to provide financially if fired because of his sexual orientation. Not only could the lack of discrimination policy create money hardship but also have the potential to deny the family access to necessary healthcare.
Without acknowledging or taking into consideration, the Anglo-American culture still influences someone’s way of acting. For example, when Memo brings his fiancée to meet his family and says “They call me Memo. My family calls me that. It 's diminutive for Guillermo. That 's William in Spanish, so Memo is like Bill” (Nava My Family). Eventually, Memo changes his name to William Sanchez as it is seen on his office door (Nava My Family). Memo didn’t want to let others criticize him by his name and actually see him as the lawyer he became. Moreover, later Memo demonstrates an uncomfortable moment with his family when they started to talk about Californio’s corpse affirming “There’s nobody buried in the backyard, right, Dad?” (Nava My Family). Since Memo’s fiancée and her family are white, he changes some of the facts of his family such as his brothers’ education, and what his family does. This demonstrates that in some occasions, racial tension can change someone 's culture and influence to think differently with some sort of ashamed of its own
One of the most recent white-collar crime involved Wells Fargo, a banking and financial services provider. In 2016 San-Francisco based bank Wells Fargo (WFC) employees secretly created millions of unauthorized bank and credit card accounts without permission of their customers. Opening about 1.5 million fraudulent deposit accounts and submitting 565,443 credit card applications allowed Wells Fargo employees to boost their sales targets and receive bonuses. Consequently, customers were wrongly charged fees for accounts they did not know existed. In this business crime scenario, Wells Fargo involved to pay $185 million in fines and refund $5 million to affected customers. Also, around 5,300
There are two main problems that led up to the scandal. The first problem is that the CEO of Wells Fargo at the time, Stumpf, was pressuring the employees to meet specific and almost impossible sales goals. Stumpf made it seem like the employees must meet the goals he expects otherwise there will be consequences (“Wells Fargo Fake Accounts,” 2017). The first problem of Stumpf pressuring the employees ties into the second main problem of why and how this scandal occurred. The second problem is that because Stumpf pressured the employees to meet goals, the employees felt that they needed to meet those expected goals no matter what it takes. In result, many employees created fake accounts and set up credit cards illegally because the employees did not let the customers know what they were doing and did not get the permission from customers to do so (“Wells Fargo Fake Accounts,” 2017). The evidence that I have to support the identification of these problems include credible sources through online databases, journal articles, and more specifically Forbes, Fortune, and Wells Fargo online websites. This is a very well-known scandal that occurred recently so in the future I know that there will be even more evidence that ties to the scandal, but there is a lot of relevant and reliable information about this scandal that occurred a little over
The Wells Fargo scandal started in 2016 when it came to light that starting back in 2011 employees created over 1.5 million fraudulent bank
During the past year Wells Fargo, a well-recognized bank of the United States, has been trying to clean its name and the mess it got itself into, when it was brought to the public that the bank was involved in generating fraudulent checking and savings accounts for its clients without their knowledge or their authorization. “The way it worked was that employees moved funds from customers' existing accounts into newly-created ones without their knowledge or consent”