WK5A1: Holmes Construction Company

Select TWO of the following scenarios and answer the question presented.

Scenario 2

Holmes Construction Company (Holmes) hired Luke as the Materials Manager. Luke was authorized to enter into contracts to purchase materials for Holmes. On many occasions, Luke contracted to purchase plumbing supplies from FloTec Industries. Because of a downturn in the economy, Holmes terminated Luke’s employment on November 30. On December 9, Luke contacted FloTec to purchase materials on behalf of Holmes; however, Luke provided a new delivery address, accepted delivery and wrongfully kept the materials. FloTec was not aware that Holmes terminated Luke. On December 15, Holmes provided written notice to FloTec Industries that Luke had been terminated.

a. When was Luke’s express authority to act for Holmes effectively terminated?
b. Did Luke have authority to enter into the contract with FloTec on December 9? If so, what type of authority did he have?
c. Is Holmes obligated to perform the December 9th contract?
d. What should Holmes have done differently?

Please provide specific legal support for each of your responses.

Scenario 3

Azteca Industries hired virtually all of its employees from Fairview High School, which was primarily Hispanic in its racial makeup. Accordingly, there were virtually no non-Hispanic employees employed by Azteca Industries. The work that these employees performed was work that any reasonably capable high school graduate could do.

When organizations representing non-Hispanic individuals questioned the policy, the Director of Human Resources indicated that Fairview High School graduates were hired because they had worked successfully for the company and because the president of the company had graduated from that school. There was no evidence that there was any plan or intention to discriminate against non-Hispanics. Discuss the possibility that this policy may violate Title VII of the Civil Rights Act.

Please rely upon Title VII and applicable case law to support your responses.

By admin in Essays on October 30, 2016