Section B Professor Harlin Legal Research and Writing, Fall 2003 Writing Assignment No. 3 GRADED OPEN MEMORANDUM ASSIGNMENT INSTRUCTIONS
1. Draft an office memorandum pursuant to the instructions contained in the attached memorandum. Use the memorandum format discussed in class, including: Heading Issue Brief Answer Statement of Facts Discussion Conclusion 3. Your memorandum must not exceed 1,800 words. To verify this requirement, submit a disk containing a Corel Word Perfect or Microsoft Word file copy of your memorandum. Label the disk with: (a) your exam number; (b) “Section B;” and (c) the total word count. Turn in the disk in accordance with Instruction Number 6 below. 4. The minimum type font size is twelve-point type in Times New Roman. Your paper must be double-spaced, have one inch margins on all sides, and have page numbers. Consult the Course Rules and Regulations posted on the Class Page on TWEN for other specific format guidelines and requirements. 5. Do NOT use your name in the heading. In the “From” space, type only your Exam Number and “Section B.” Direct your memorandum to the attorney who wrote the instruction memorandum. 6. Insert two copies of your memorandum and the disk required by Instruction Number 3 above into an envelope measuring at least 9" by 12". Write the following on the envelope: your exam number, your professor’s name, and “Subsection B.” Turn in the envelope in accordance with Instruction Number 7 below.
7. You must turn in your memorandum at or before 8:00 a.m., Monday, November 17, 2003, to the Faculty Secretaries on the third floor of the law school. The Faculty Secretaries will open their office at 7:00 a.m. that morning and will time stamp the envelope containing your memorandum and disk when you turn it in. You may also turn in your memorandum and disk at the library circulation desk on November 15 or 16 during normal library hours. Keep a copy of your assignment for future reference. Good luck!
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CUPP, LEVIN E, POPOVICH, WENDEL & WESTON INTEROFFICE M EMORAND UM
To: Fr: Re: Date:
Associate D.C. Nelson, Partner Garcia v. FBOC, case no. 4839 November 7, 2003
My partner, Mr. Pacheco, said he was very pleased with your work–you were accurate and timely. He recommended that I give you this assignment since that is exactly the type of associate needed for this potential case. A few days ago I received a call from Gloria Garcia. She was so upset when we were talking on the phone that I could hardly understand her, so I set up a meeting. When she came to the office to meet with me to discuss her case, she was visibly angry. She lost her job almost two years ago and has not been able to find a new job since. She wants to sue her former employer, First Bank of California (“FBOC”). Ms. Garcia worked for FBOC for about eight years. She started as a teller, but quickly worked her way up through the ranks to Assistant Accounting Manger. In 2000, her immediate supervisor retired and FBOC hired a new Accounting Manger, Kent Richardson. It seems as though there was a personality conflict between Ms. Garcia and Mr. Richardson from the beginning. A little over a year later, Ms. Garcia was terminated. Attached is a transcription of the meeting I had with Ms. Garcia and the documents she gave me during our meeting. We need quickly to get back to Ms. Garcia. For your part, please determine if Ms. Garcia was an at-will employee or has a viable cause of action for an implied employment contract. Address only this one issue. I have asked a few other associates to research other issues. You can assume that if Ms. Garcia has a case, we will be filing it in California State Court. We are in a rush for an answer. Please submit two copies of your memo to me no later than 8:00 a.m. on Monday, November 17, 2003. As always, thank you in advance for your efforts.
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Transcription of Meeting with Gloria Garcia, November 6, 2003
Nelson: Good morning, Ms. Garica. Would you like some coffee before we get started? Garcia: I don’t have time for coffee. I’ve already waited too long to go after the Bank. They’ve ruined my life and my son’s. Nelson: Let’s get started then. Tell me when you first started working for the bank. Garcia: I started right after I had my son, David. You see, a few months after David was born, my husband unexpectedly passed away so I had to figure out a way to raise David on my own. I got a job as a teller at First Bank of California in May of 1993. I worked very hard and in 1995 was promoted to branch manger and in 1996 started working in the Accounting Department. I was so proud of myself. I received good reviews from all of my supervisors. Here is a copy of my performance reviews. As you can see, I was routinely promoted, often received merit raises and got great reviews until I was forced to work for Kent Richardson. Nelson: I’m glad you brought those in. We will need to review them. Was Mr. Richardson your supervisor when you worked in the Accounting Department? Garcia: Not at first. When I first started, my supervisor was Helen Lee, the Accounting Manager. She was a wonderful mentor. She took me under her wings and helped me learn the ins-and-outs of all the Bank’s accounting procedures. She liked my work and told me during my 1997 Performance Review that I would have a long and fruitful career with the Bank. In fact, she encouraged the Bank to create a new position called the “Assistant Accounting Manger.” And then, upon her recommendation, in January 1998, the Bank named me the first Assistant Accounting Manger. I worked directly under Helen and I had four employees who reported to me. Because Helen was preparing for retirement, she began to give me a lot of her job duties. I thought that once Helen retired, I would become the Accounting Manager. But instead, I was fired. I still can’t believe how the Bank turned on me. Nelson: What lead up to your termination? Garcia: Helen retired in June 2000. Based on my reviews and the reassurances that hard work promised a fruitful career at the Bank, I was sure that I would be
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promoted to Manager. Instead the Bank hired a young, inexperienced outsider with an MBA degree from one of those fancy schools. Word on the street was that the Bank was experiencing a budget crisis and it wanted to get some new blood to figure out ways to cut back on expenses. I didn’t like Kent Richardson from the moment I met him. He didn’t know anything about the Bank’s accounting system, and I had to train him. I did so reluctantly, all the while thinking I should’ve been the Manager. He was nothing like Helen. We didn’t get along at all. Next thing I knew, I received a two-weeks notice that my services were no longer needed. Nelson: Did you get any explanation as to why you were terminated? Garcia: Kent said something about the Bank trying to save costs. Supposedly it was decided that the Assistant Accounting Manger position was no longer needed. I was furious. I told Kent that he got everything he could from me, and then decided he didn’t want me around to threaten his position and so arranged for my termination. His only response was that he could fire me without any reason, if that’s what he wanted. Nelson: Did you have a written employment contract with the Bank? Garcia: I didn’t sign any contract or documents. They don’t do that in the banking industry. At least, I never heard of anyone in the accounting department signing an employment contract. Nelson: Did you bring any other documents with you? Garcia: I have the Bank’s employee policy manual. Would you like that? Nelson: week. Yes. We’ll take a look at these documents and get back to you early next
Garcia: Thank you Mr. Nelson. I really am at the end of my rope. The economy is so tight, and I still don’t have any leads on a new job. There simply was no reason why the Bank laid me off.
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FIRST BANK OF CALIFORNIA Employee Performance Reviews Employee: Gloria Garcia Start Date: 05/1/93 End Date: 11/30/01 Position(s) and Yearly Salary: 05/01/93 Teller, $26,000 06/30/95 Branch Manger, $38,000 08/01/96 Accounting Clerk, $46,000 01/01/98 Assistant Accounting Manager, $55,000
Performance Review Date (yearly)
Work Quality*
Ability To Work With Others*
Other Comments
Supervisor Signature
05/01/94 05/01/95
Excellent Good
Good Excellent
Good Good Good Excellent
05/01/96 05/01/97
05/01/98 05/01/99
Good Excellent
Excellent Good
eager, recommend promotion Good manager skills; foresee long future at the Bank; recommend merit raise Recommend merit raise Highly motivated, recommend promotion; will have long, fruitful career with Bank recommend merit raise good manger; continued hard-work will lead to another promotion At times, very difficult to work with
Mark Malone Mark Malone Helen Lee Helen Lee
Helen Lee Helen Lee
05/01/00 05/01/01
Excellent Fair
Excellent poor
Helen Lee Kent Richardson
*Rate:
Poor, Fair, Good, Excellent
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FIRST BANK OF CALIFORNIA Employee Handbook
I.
INTRODUCTION
The success of First Bank of California lies in its ability to recruit and retain the best employees. To promote a stable and productive work force, First Bank of California endeavors to provide attractive terms and conditions of employment, as reflected in the following policies. II. III. IV. V. SALARY . . . BENEFITS . . . VACATIONS, HOLIDAYS AND SICK LEAVE . . . PERFROMANCE REVIEWS
Immediate supervisors are required to fill-out yearly Performance Reviews for each of their employees and to arrange a meeting to go over such reviews with said employees. VI. VII. PROMOTIONS . . . TERMINATION AND RESIGNATION
First Bank of California may terminate any employee without notice if said employee engages in unlawful behavior or with two weeks notice for any reason so decided by First Bank of California. Employees who resign must submit a resignation letter to their immediate supervisors and to Human Resources and said employees must give at least two weeks notice.
Disclaimer: First Bank of California hereby reserves all rights allowed under the law.
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