Memo – Advising on Employment Law Issues

TO: Chief Operating Officer

FROM:

DATE:

SUBJECT:

ISSUES

Whether Paul has a valid claim of wrongful termination based on any Arizona statute for wrongful termination.

CONCLUSIONS

Paul has a valid claim of wrongful termination based on the Arizona labor laws grounds for termination. Paul can consider three causes of action to address the issue. The first cause of action is contacting the company’s human resource department to request them to address the issue. The second action is contacting the Employment Opportunity Commission to file a case against the company for wrongful termination. The third action is to consult a wrongful termination lawyer to get advice and legal representation if he decides to file the case against the company in court. The primary outcome of the case, if it was filed in court, would be a ruling that the company should compensate Paul for wrongful termination. The court would reason that the company should not have terminated Paul for embezzlement because he reported the matter to the police, thus enabling the C.E.O. to discover the issue.

III. ANALYSIS

Whether Paul has a valid claim of wrongful termination based on any Arizona statute for wrongful termination.

Terms, Laws, and Legal Concepts

This report’s main terms that need clarification are wrongful termination and statute. Wrongful termination is the violation of an employment law or contract when firing an employee. Wrongful termination also includes firing an employee without giving them the required notice of termination written in the employment contract (Bodede, 2019). Consequently, a statute is a written law passed by a legislative body. The laws that will be applied in interpreting the issue to justify the validity of Paul’s claim and his causes of action for wrongful termination are the Arizona labor laws. The laws outline the grounds and exceptions for wrongful termination. Therefore, they can be used to determine whether Paul was wrongfully terminated based on the grounds for wrongful termination. The memo will also address important legal concepts such as the Arizona statute for wrongful termination, the claim filed by Paul against the company, and legal courses of action.

Justification for the Validity of Paul’s Claim

Paul’s wrongful termination claim is valid based on Arizona labor laws on wrongful termination. According to Akhbari (2021), Arizona employees are eligible for a compensation claim against their employer if the employer terminated them for refusing to engage in an act that would violate the law. Paul would claim that he was fired for refusing to engage in embezzlement of funds, as it violates the law, thus justifying his compensation claim against the company for wrongful termination.

How a Court Would Likely Resolve the Issue

The court would first analyze the facts of the issue. One of the facts is that Paul reported to the police that John was embezzling money from the company, and the matter was investigated, resulting in a criminal case that led to a guilty verdict for John for embezzling company funds under A.R.S. § 13-1802. The second fact is that the manager knew about John’s embezzlement but was offered 50% of the embezzled money not to report the issue. The third fact is that John and Paul were terminated for embezzlement under A.R.S. § 13-1802.Based on these facts. The court would reason that the company should not have terminated Paul for embezzlement because he reported the matter to the police, thus enabling the C.E.O. to discover the issue. The court would then resolve the issue by ruling that the company should compensate Paul for wrongful termination.

Paul’s Recommended Cause of Action for Wrongful Termination

Paul should first contact the human resources department at the company and state his issue. If the human resource department does not address the issue, he should contact the Equal Employment Opportunity Commission to file a case against the company for wrongful termination and wait for the EEOC to investigate and advise him on what to do. Paul should also consider consulting a wrongful termination lawyer for advice on pursuing the matter and legal representation if he decides to file the case against the company in court.

REFERENCES

Akhbari, K. (2021, July 9). Wrongful termination in Arizona. LegalMatch Law Library. https://www.legalmatch.com/law-library/article/wrongful-termination-in-arizona.html

Bodede, J. (2019). Legal issues on wrongful dismissal or termination of employment. LinkedIn. https://www.linkedin.com/pulse/legal-issues-wrongful-dismissal-termination-jide-bodede

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Question

Memo – Advising on Employment Law Issues

TO: [reader] (e.g., instructing lawyer, client, judge)

FROM: [your full name]

DATE: [date of submission]

SUBJECT: [topic] (describe precisely)

ISSUES

The issue statement is written in sentence form.

CONCLUSIONS

Answer issue one [yes or no]. [brief one or two-sentence summary/conclusion]

This part is a terse summary of your answer to the issue you have identified above based on your assessment of the likely application of the law to your dilemma. It is an abbreviated statement of that which you analyze in detail in your discussion below. There is a single space in this section.
Write this part last but present it first (i.e., before your detailed discussion) so that your reader knows quickly the bottom line before reading about how you got there. Remember: you are not writing a suspense thriller or a murder mystery.

Answer the question(s). Be direct, clear, and complete. Do not be indecisive, hesitant, or inconclusive. Take a stand. Identify any doubts about the outcome. Any qualifications of your legal and business opinion should be based on reason and supported by the law.

Do not reiterate your legal analysis.
Do not introduce new information (i.e., information that does not appear in your discussion).
Number each conclusion to correspond with each issue.
Do not include laws, citations, or references.
This part may also be relied on as a summary for other uses (e.g., for the firm’s information retrieval system or memo bank)

III. ANALYSIS

The issue statement goes here as a subheading

[start the analysis here. This section should be double-spaced. Keep the I. heading single spaced]

Double space analysis. Describe the relevant law (e.g., legislation, cases) and commentary on the law (e.g., texts, encyclopedias, policy statements), then apply them to the issue(s).
Predict how a court would likely resolve the issue(s).
Extract and apply the principles from the leading cases if you use cases.
Address fairly any arguments on both sides of an issue.
Do not ignore or conceal any uncertainties, inconsistencies, ambiguities, conflicts, gaps, or confusion in the law. Explicitly identify them.
Do not mislead your reader about the current state of the law. Do not be inaccurately one-sided or deceptively optimistic or pessimistic. Do not let wishful thinking cloud your reasoning. Give both the good news and bad news, if any, of your research results.
Show your reasoning. Conclude. Ensure that it is supported by the law.
Make any suitable recommendations about a course of action. Be creative. Think strategically.

Focus on getting results.

Analyze each issue separately.
Remember to inform the CEO of all aspects of the law that the CEO needs to know: requirements, restrictions, and court trends and cases if you have them (United States Court of Appeals for the Ninth Circuit and SCOTUS).
Use headings (provided above) corresponding to each issue/sub-issue so that the discussion is easy to follow. Number them. à This has been done for you.
Start each paragraph with a topic sentence (indented) to focus the discussion.
Identify any pertinent missing information and potentially outstanding issues.
Conclude, but do not write anything like “In conclusion” or “To summarize”, etc.

REFERENCES

List the authorities you reviewed
Include full, accurate citations for law and cases and secondary sources for current and future reference.
List your sources in alphabetical order and follow all APA 7^th formatting for references, except include them immediately after analysis.