Legal Claims and Freedom of Speech
Does Paula Have Any Legal Claims Against Capstone Corporation?
Paula does not have any legal claims against Capstone because she got a warning for contravening the e-mail policy by sending her mother a personal e-mail. She got fired after a warning; using social media to disparage her boss and disclose company matters violates the company policy. An employee will often get a warning for violating policy, and a repeat of violations results in a dismissal, as was the case here.
Paula has a right to privacy when sending mail, but not personal mail. She can send confidential mail to a colleague, but the mail should not contain any personal information or discussions. The company has secure e-mail communication, but it also can flag private messages that jeopardize the integrity of the company. E-mails that are sent or received via a company e-mail account are not considered private. Employers are free to monitor e-mail communications as long as the company can show there is a business purpose for so doing.
‘At will’ employer is where the employer and employee maintain a working relationship, meaning the employee can quit at any time (Stone, 2007). An employer in this relationship can also terminate the relationship for any reason as long as the reason is within the legal reasons. Some employees are not within the ‘at-will.’ For example, employees can have a contract with the employer that specifies conditions under which employment termination can occur. Employees under this contract should be aware of the grounds for termination as regards social media use. The code of conduct often has a ‘protected concerted activity’ clause that protects an employee when discussing an employer on social media (Mello, 2012). Nonetheless, the discussion should be on improving work conditions and in concert with other employees. However, when an employee takes to social media to mud-sling an employer, this does not fall under protected concerted activity and thus warrants a disciplinary reaction from the employer as stipulated in the contract, including termination of an employment contract.
Does Paula Have A Contract with Freddy To Purchase the Car?
Freddy and Paula do not have a contract for the sale of the Mustang. A legal contract is one where parties agree and create a mutual and legal obligation. Some elements of a contract make it binding, as discussed herein (Barnett, 2010) and in reference to the scenario described in this assignment.
A contract should have an offer where one party promises to pay for a product or service. In this case, Paula promised to pay $1,00 for the Mustang that Freddy had put up for sale. Acceptance is the second element, where the other party agrees to carry out the task in return for compensation. In the example, Freddy agreed to the price, but there was no action to show this agreement; if Paula had given him a deposit, it would show acceptance. The third element is Mutual Assent, which combines the offer and acceptance. A signed contract, in this case, would prove that both parties have come to a mutual agreement; however, there was no written contract. Actions taken by the parties can act as mutual assent. If Paula had deposited some of the money to Freddy and Freddy had given her the keys to the Mustang but not the logbook, then this would be a demonstration of mutual assent.
The fourth element is Consideration, which describes what is paid in exchange for the services or goods offered. Often times Consideration is in monetary terms, but when money isn’t involved, what matters is that the purchase price is agreed upon. Both parties also need to acknowledge the benefit they each get, and the agreed-upon outcome is reached. In this case, Paula should have given a deposit, and Freddy ought to have agreed to deliver the car after the remainder of the balance was paid by Paula. As it is, Paula did not make a deposit in the first place. Capacity, as the fifth element, defines the ability of both parties to understand the terms of the contract, consequences, and obligations toward the contract. Legality is the seventh element and refers to the contract being a legal agreement within the jurisdiction in which it is made. These last two elements were fulfilled in Freddy and Paula’s case.
References
Barnett, R. E. (2010). The Oxford introductions to US law: Contracts. Oxford University Press.
Mello, J. A. (2012). Social media, employee privacy and concerted activity: Brave New World or Big Brother. Labor Law Journal, 63(3), 165-179.
Stone, K. V. (2007). Revisiting the at-will employment doctrine: Imposed terms, implied terms, and the normative world of the workplace. Industrial Law Journal, 36(1), 84-101.
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Question 
Paula Plaintiff Case Legal Claims and Freedom of Speech Discussion
Introduction
Legal Claims and Freedom of Speech
In this assignment, you’ll need to decide whether Paula Plaintiff has any legal claims arising from another series of unfortunate events. After reading the scenario, answer the questions that follow, making sure to fully explain the basis of your decision.
Paula’s bad luck continues. Five days after the events detailed in your last assignment, Paula returns to work at Capstone Corporation. Unfortunately, she used her company e-mail to send her mom a personal note about her injuries, despite being aware that Capstone’s company policy prohibits use of company e-mail for personal communication. Paula’s supervisor, Mikey Manager, discovers Paula’s violation and Paula is reprimanded. When Paula goes home, she uses her personal computer to post disparaging comments about her boss and Capstone Corporation on social media. The next day, Paula is fired from her job.
After several days of bad luck, Paula believes her luck is about to change. She finds a new job in a nearby town. Paula had been using the bus to go to work at Capstone Corporation, but she will need to purchase a car to commute to her new job. Fortunately, her neighbor Freddy Ford has just purchased a new vehicle and is selling his old Mustang. Paula meets with Freddy and agrees to purchase the Mustang for $1000. The parties also agree that Paula will bring Freddy the money the next day when she picks up the car. The next day, Paula calls Freddy and says, “I have the money. I’d like to come pick up my car.” Freddy replies that Paula is too late. He sold the car earlier in the day.
Instructions
In a 6–10 paragraph paper, answer the following questions:
- Does Paula have any legal claims against Capstone Corporation? What about Paula’s actions? Does Paula have a contract with Freddy to purchase the car? Consider the following:
- Does Paula have a right to privacy when using Capstone Corporation’s e-mail system? Discuss one’s right to privacy and relate it to the facts in the scenario.
- Can Paula be legally fired from her job for making negative comments about her boss and her company on social media? What about free speech? Discuss these issues and relate them to the facts of the scenario.
- Do Paula and Freddy have a contract for the sale of the Mustang? Discuss the elements of a contract and relate those elements to the facts of the scenario.
Your assignment must follow these formatting requirements:
This course requires the use of Strayer Writing Standards. For assistance and information, please refer to the Strayer Writing Standards link in the left-hand menu of your course.
In addition to your textbook, you have access to Nexus Uni through the Strayer University Library. Please take advantage of this excellent legal resource!
The specific course learning outcome associated with this assignment is:
- Analyze constitutional issues based on the events in a given scenario.