Business Law

Coleman works for Software Inc., a Delaware based corporation that sells

security equipment to businesses and bars. Coleman’s duties include

traveling to prospective clients and meeting with representatives of the

businesses in his sales division.

Coleman is on the road more than half the year. He often does not come

home for more than a few days at a time. Over the course of his 17 years of

employment with Software Inc., Coleman has had several stretches on the

road that last three months or more.

During a sales trip to Smalltown, Colorado in March 2008, Coleman found it

necessary to wash his laundry. He also wanted to buy an anniversary

present for his wife. Coleman went to the mall to buy the present. While at

the mall, Coleman saw a ring that he really liked but could not afford. He

decided to steal it. He then went to Jimmy’s Poor-Man’s Bar to meet with a

client, John. Jimmy’s wasn’t a client of Coleman’s, but John didn’t like his

customers to see him “doing business.”

Coleman was talking with Jimmy about business when he spilled his drink all

over the bar. That made him think about this cool trick where you put pure

grain alcohol in your mouth, blow it out and light it. Coleman took a big

drink, took out his lighter, and said, “What this!” He lit his lighter, blew the

liquid and a fireball went through the room. The fireball hit Jimmy and killed

him instantly. The bar also sustained a lot of damage. Software Inc. fired

Coleman without even interviewing him to get his version of the events.

Software Inc.’s handbook required all employees to be interviewed before

termination. A week later, Coleman called John to make amends. When

they met, Coleman said, "The company and I are so sorry about what

happened. Let me take you out to dinner – Software Inc. will pay the bill."

They went to a restaurant, and instantly got into an argument because John

told Coleman he was fat. Coleman punched John in the eye, causing severe

eye damage.

Jimmy’s mother (his only heir), John, and Jimmy’s Poor-Man’s Bar (which

was owned by five men, including Jimmy), sued Software Inc. for the

damage caused by Coleman. Coleman sues Software Inc. for wrongful

termination. Lastly, the jewelry store sued Software Inc. for the value of the

ring.

You are the judge in these cases! In your answer, discuss the relevant law and apply the facts given to that law. If you need more facts to come to a conclusion, state what additional facts are necessary. Answer the following questions:

Should Coleman win his wrongful termination suit with Software Inc.?

Will Software Inc. be liable to the owners of Jimmy’s bar? What about Jimmy’s mom? Does the same law apply to both cases? Will John win his lawsuit against Software Inc. for his injuries? If you were Software Inc.’s CEO or head of HR, what policies would you implement to try to limit your liability for people such as Coleman?

View the scenario summary above and prepare an essay rendering your decisions. The components of a legal decision must include the following:

Factual Summary: provide a succinct and accurate description of the scenario at hand. Summarize the scenario to include all relevant facts.

Issue(s): Restatement or summarize the question. What is the legal question(s) that you are going to answer?

Legal Concept(s): Identify and discuss 1 or more legal concepts from the course material when exploring the problem at hand. Define the legal concept(s) and explain how the concept(s) relates to the given scenario.

Analysis/Conclusion: Analyze the factual scenario in relation to the legal concept in order to reach a well-reasoned conclusion. Be sure to apply the legal concept correctly toward solving the legal issue.

Paper should be double-spaced in 12pt font and about 800 words. At least 2 sources must be correctly cited to using APA citations, including both in-text parenthetical citations and an end-of-text list of references