Assignment:
"Case Questions"
• Respond in writing to the case questions.
1. Dorshkind v. Oak Park Place of Dubuque II
Case Questions
1. What were the legal issues in this case? What did the court decide?
2. This decision focuses on the first two elements of a public policy claim. Why does the court conclude that these were satisfied in this case?
3. Should it make any difference in terms of legal protection whether the "whistle is blown" internally within the organization or externally? Why or why not?
4. What arguments are made in Justice Mansfield's dissenting opinion? Do you agree that the effect of this opinion will be to make employers in Iowa potentially liable whenever they discharge employees who have expressed safety or other public policy related concerns to coworkers? Why or why not?
5. Do you agree with the court's decision in this case? Why or why not?
2. Lockheed Martin v. Administrative Review Board
Case Questions
1. What were the legal issues in this case? What did the court decide?
2. What are the elements of a whistleblower protection (retaliation) claim under the SOX Act? What arguments does the employer make in its attempt to show that the plaintiff failed to establish the necessary elements of her claim?
3. Why does the court reject the employer's arguments and rule for the plaintiff?
4. Do you agree that the plaintiff was constructively discharged? Why or why not? That she reasonably believed that she was reporting fraud of the type covered by the SOX Act? Why or why not?
5. Why do you suppose the managers at Lockheed Martin acted as they did? What are some practical implications of this case for employers?
The requirements below must be met for your paper to be accepted and graded:
• Write between 750 to 1,250 words (approximately 3 to 5 pages) using Microsoft Word in APA style, see example below.
• Use font size 12 and 1" margins.
• Include cover page and reference page.
• At least 80% of your paper must be original content/writing.
• No more than 20% of your content/information may come from references.
• Use at least three references from outside the course material, one reference must be from EBSCOhost. Text book, lectures, and other materials in the course may be used, but are not counted toward the three reference requirement.
• Cite all reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) in the paper and list on a reference page in APA style.
References must come from sources such as, scholarly journals found in EBSCOhost, CNN, online newspapers such as, The Wall Street Journal, government websites, etc. Sources such as, Wikis, Yahoo Answers, eHow, blogs, etc. are not acceptable for academic writing.