Question

1. Identify the Issue(s) presented – ensure that this is in question format

2. State the Rule of law or legal principle(s) applicable to the issue(s) – remember to spell out the rule of law

3. Apply and Analyze the rule of law to the facts given; and

4. State your Conclusion (i.e. what would your legal answer, conclusion and/or advice be, etc.).

Tom Brady was employed by Deflate It and Move On Industries, Inc. as a training manager. He was fired for physically assaulting three training assistants. The last incident on September 1, 2014, in his termination and occurred after he pushed and yelled at Ben Rothlisberger during a group meeting on August 14, 2014. Mr. Wheater reported the incident the following day to the Vice-President of Human Resources. Later that day, the other individuals came forward and reported the previous incidents.

James Jones, Tom Brady's immediate supervisor, was contacted by Training for Miracles, Inc., an organization providing self-defense training for women, seeking a reference for Tom Brady. Mr. Jones gave Training for Miracles a glowing reference for Tom Brady (out of fear that Tom Brady would beat him up if he did anything else) and did not mention the basis for Tom Brady’s termination. Tom Brady was hired by Training for Miracles, Inc., and six months later assaulted Kimberly Davise, a client of Training Miracles, in the elevator after he requested that Ms. Elliot assist him with work upstairs and she objected.

Is Deflate It and Move On Industries liable for the harm to Kimberly Davise? (Hint: IRAC from the position of Kimberly Davise).

I: Under federal law, is a prior employer liable for an ex-employee’s conduct at a different job, when the prior employer fired the ex-employee for physical assault on an employee but failed to advise the new employer about the reason for termination?

R:       

A:

C:

Answer 1

Yes, Deflate It and Move On Industries is liable for the harm to Kimberly Davise.

I: Under federal law, yes a prior employer is liable for an ex-employee’s conduct at a different job when the prior employer fired the ex-employee for physical assault on an employee but failed to advise the new employer about the reason for termination. This comes under the defamation lawsuit. As there are claims against the person's physical assault in Deflate It and Move On Industries, Kimberly Davise

R: Rule of Law is Under Common Law, Defamation laws prohibit any person from knowingly saying or publishing anything about another person that is false.

A: As there is actual damage to Kimberly Davise because of Tom Brady as he was the client of Training Miracles. Hiding the facts like of Tom Brady has put the Training Miracles into trouble. Inaccurate information, physical assaults and moreover damage to the new company leads to misrepresentation of information and providing fraud image for which the Former company can be sued and damages can be claimed.

C: With the fear of Tom Brady, although the company provided wrong information but its a crime for which Kimberly Davise the person should be fired along with payment of damages worth for a client.