Shawn Stuckey Class Action Potential

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Shawn Stuckey's presentation as presented at the Independent Retired Football Players Summit at the South Point Resort & Casino in Las Vegas May 2009

Class Action Potential Independent Retired Players Summit May 30, 2009 Shawn D. Stuckey – Class Action Attorney

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Companies chosen are: Google, Pay-pal, & Amazon Several companies use their brand as a competitive advantage. Given your knowledge about the global economy, identify three brands you believe have the strongest likelihood of remaining a source of advantage in the 21st Century and explain why. Explain the effects you believe the Internet’s capabilities will have on the brands you identified in the previous discussion and what the owner of the brand should do in light of them. Choose one of the companies above, analyze the internal environment of the company you researched to determine that company’s strengths and weaknesses. Based on the strengths and weaknesses you discovered, determine what steps the company could take to positively impact the company’s competitiveness. Explain your rationale. Unit I Lesson Notes: Employer-Employee Relationship The traditional employer-employee relationship is described as employment-at-will, which simply means that the relationship exists as long as both the employer and the employee want it to exist. That is, employment at-will means that an employee can resign whenever he or she wants to resign for any reason or for no reason. It is often said that an employee must give notice to an employer before the employee resigns, but that idea arises out of the employee hoping for a positive reference from the employer not a legal requirement. Employment-at-will also means that an employer can discharge an employee at any time and for any reason or for no reason, as long as the discharge does not constitute discrimination under federal or state law. This traditional employment relationship is sometimes modified by employment contracts. Employment contracts are governed by the rules that apply to contracts in general. An employment contract is based on an agreement between the employer and the employee and states express consideration (i.e., the employee promises to work for the employer for a specified period, and the employer agrees to pay the employee a specified amount of compensation). It must be made between parties that have the legal capacity to enter into a contract and be for a legal purpose. Employees hired with a contract can only be terminated according to the provisions of the contract. Conversely, employees hired under the at-will doctrine can have their employment terminated at any time and for any legal reason by either the employer or the employee. As with any other contract, the breach of an employment contract entitles the non-breaching party to recover damages that arise because of the breach of the contract. An employee who is fired in violation of an employment contract can recover any compensation due under the contract that has not been paid. For an employer, that means an employee who quits in violation of an employment contract may have to pay the costs of finding, hiring, and training a replacement. They may even have to pay back some of the compensation that has already been .

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Presentation by Joel E. Tragesser for Indianapolis Bar Association ©2016 Quarles & Brady LLP. This document provides information of a general nature. None of the information contained herein is intended as legal advice or opinion relative to specific matters, facts, situations or issues. Additional facts and information or future developments may affect the subjects addressed in this document. You should consult with a lawyer about your particular circumstances before acting on any of this information because it may not be applicable to you or your situation.

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2/26/2019 Print https://content.ashford.edu/print/Baack.3633.17.1?sections=ch07,sec7.1,sec7.2,sec7.3,sec7.4,ch07summary&content=all&clientToken=c2bb468d-b7… 1/22 7Con�lictandNegotiation Rawpixel/iStock/Thinkstock LearningObjectives Afterreadingthischapterandstudyingthematerials,youshouldbeableto: Explain the nature of con�lict. Utilize various methods to resolve con�licts. Recognize the forms of negotiation, including distributive and integrative situations. Understand the stages of negotiation in a constructive manner. 2/26/2019 Print https://content.ashford.edu/print/Baack.3633.17.1?sections=ch07,sec7.1,sec7.2,sec7.3,sec7.4,ch07summary&content=all&clientToken=c2bb468d-b7… 2/22 Religiousexpressionisacommonareaofcontentionin workplacepolicies. Purestock/Thinkstock 7.1TheNatureofCon�lict One indisputable fact of organizational life is that there are people involved, and that many times they get into disputes and con�licts. At times such disagreements can be resolved through relatively calm, rational processes including mediation or other forms of negotiation. At others, con�licts emerge practically without notice and no intervening step can be taken to prevent them or even slow them down. In other situations, what begins as an uneventful negotiation can evolve into a more dramatic con�lict situation. In all cases, individual employees and their supervisors will be expected to respond and react to the issue at hand. Consider the circumstances present in the OBinAction feature regarding employee and management religious concerns in pro�it-seeking companies. OBinAction:ThePotentialforNegotiationandCon�lict—ReligiousActivitiesandCompanyPolicies What happens when the religious af�iliations of employees become potentially at odds with company policies and practices? Two stories highlight the need for careful negotiation or con�lict resolution. The �irst occurred in 2015 at a Cargill manufacturing facility in Fort Morgan, Colorado. Cargill employed more than 150 workers who practiced Islam. A group of 11 workers of Somalian descent asked if they could have access to a "prayer and re�lection" room within the plant for a common time of prayer. Some disagreement exists regarding the manner in which management dealt with the request. One employee stated that the immediate supervisor asked them to break in smaller groups so that they would not disrupt production on the assembly line. Another claimed that higher level managers decided to reduce the number of prayer breaks as a response to the request. In either case, the Somali workers prayed in small groups on the day of their request, and at the end of their shift, 10 of the 11 workers quit. Soon after, 150 Muslim workers missed work for three days in protest. The management team at Cargill dismissed them for failing to inform the company that they would be absent. Following the incident, nearly 130 of the �ired workers �iled complaints with the U.S. Equal Employment Opportunity Commi.

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Understanding Advocacy 300 words The Concept of Advocacy There are times when a rational argument presented in a highly civil manner does absolutely no good. As an illustration, recall the saying that there is no problem with adolescents that reasoning with them will not aggravate. From time to time in the natural course of events, determined and forceful action may be required of us, even if it runs against the grain. William James commented, “We are all ready to be savage in some cause.” He went on to qualify, “The difference between a good man and a bad man is the choice of the cause.” There are occasions in practice when advocacy on behalf of a client is an imperative, especially for vulnerable individuals with compelling needs. Professional integrity sometimes calls for taking sides, vigorously. Advocacy figures prominently in almost all discussions of case management ( Ashery, 1994 ; NASW, 1987 ; Raiff & Shore, 1993 ). Indeed, Lanoil ( 1980 ) identifies it as one of the two distinctive ingredients, along with social support. Fischer ( 1978 , p. 21) observes that it is one of the important roles in professional helping generally, and states that the field of social work began “as an attempt to mediate between individuals and societal institutions. Gradually, however, this role became submissive to the clinical role of casework.” This approach in the human services was given impetus for a time during the social upheavals of the 1960s. Advocacy planning came to the fore in the field of urban planning ( Davidoff, 1965 ). The National Association of Social Workers established an Ad Hoc Committee on Advocacy ( 1969 ), which vigorously endorsed the advocacy role as a practice imperative deriving from the NASW Code of Ethics. The War on Poverty relied on advocacy as a prime weapon. Advocacy and Case Management There has been limited research on the use of the advocacy function within case management. However, empirical studies have been undertaken on advocacy in related areas that hold interest for comprehensive enhancement practice. In the UCLA study, most of the practitioners said they engage in some form of advocacy—only seven of the forty-eight did not. The matter of internal agency advocacy was examined by Patti ( 1980 ). Most of the fifty-nine human service professionals he studied reported engaging in some form of internal advocacy during a recent two-year period—only six indicated no such involvement. The highest percentage of responses (29%) related to seeking improvement in client well-being through new or modified service and programs. Efforts of this nature were also directed at changing procedures for processing clients and obtaining new facilities and resources. Some of the efforts were more intraprofessional or career oriented, such as dealing with work flow, personal practices, and communication. External advocacy was examined in another study. In a survey of 105 professionals in Michigan ( Epstein, 1981 ), more than two thir.

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