Description
250-300 personally tailored unique words in a formatted Word document must be turned in on Canvas under Assignments using 12 point font and double spacing. Please write a legal memo and you must use the IRAC format described on Page 16 of your text. This means at least four paragraphs that are titled for the MANDATORY IRAC acronym ( you must see Modules on Canvas or click this link for additional instruction regarding IRAC). YOU MUST FOLLOW THE INSTRUCTIONS PROVIDED IN THIS BLUE LINK ABOUT IRAC OR YOU WILL LOSE POINTS.This is not an essay about how you feel, it is about making a case or advocating for your chosen client using the law. This fact pattern may contain several legal issues. Limit your memo to 1 issue according to your word count. Only relevant facts to your chosen issue should be included in the fact/issue section of your memo- this will keep this section short. Keep in mind that a well- reasoned legal argument always points out the merits of the opposing case and then differentiates that argument by using facts and law to support the client’s position. YOU must include the merits of the oppositions case in your memo. A copy of the grading rubric is attached to the syllabus. Only one .doc or .docx type document submission can be accepted via canvas, I cannot accept these assignments any other way since this is a GEA or GL assignment to be separately graded on Canvas by Tampa.
SLO GEA 1
Step 2: Carefully read, assume and analyze this fact set:
CAL hospital group owns the majority of all the private hospitals in the State of CALYORK. In the midst of the Covid pandemic it has mandated, with the assistance of the Hospital workers union, that represents all hospital workers except the Physicians, that all hospital employees must be vaccinated twice and boosted twice by March 1, 2024. After this date all employees out of compliance will be terminated. The hospital group treats about 55% of the CALYORK hospitalized citizens on an annual basis. The hospital is currently working with 70% of the staff that is typically required to maintain full operations of its facilities.
The employees all worked diligently through 2020 – 2022 treating all patients at the hospitals, prior to vaccine availability. Many (80%), including some fully vaccinated and boosted, are protesting and are threatening to walk out on March 1st if the employer does not eliminate the mandate. All claim that their health records are protected under HIPPA laws and their employer has no right to review those records. Some claim they have medical or religious reasons for not submitting to a vaccine. A large majority out of conformity with all 4 jabs, claim they have been infected with Covid, recovered and have antibody tests showing that their immunity levels exceed typical vaccine immunity by 17 times. Those having recovered from Covid with 1-3 of jabs have 17-27 times the immunity over the fully vaccinated. A small minority are simply fearful of the short and long term side effects regarding fertility, heart disease, auto immune diseases. These hospital workers are acutely aware that the vaccine has proven to neither prevent Covid infection, nor prevent the spread of the infection. In other words, history has shown that the vaccinated and unvaccinated alike may contract Covid or any variants known to date and may both also be contagious carriers of the disease or the variants known to date. They are also aware of the various treatments that have been successful on patients treated early in the diagnosis. Many of these treatments include inexpensive generic medications (now banned in the state of CALYORK by political leaders) as well as expensive newly patented medications and antibody infusions.
Issue 1: In the interim, the employees have brought an invasion of privacy, religious discrimination, and wrongful termination lawsuit against the CAL hospital group.
Issue 2: CALYORK will be revoking the license and criminally prosecuting all physicians who voiced skepticism about the safety or efficacy of the vaccine for everyone and those physicians who publicly suggested that early, successful treatments could be obtained by practicing physicians outside of the highly regulated CALYORK hospital system. The State of CALYORK claims that any physician advice that is contrary to the governments vaccination, mask and treatment mandate is inciting the public to behave recklessly with their health and that those physicians are spreading “misinformation” intentionally, therefore these physicians should be jailed.
For Spring 2024 everyone will address this Issue. Issue 3: The state of CALYORK requires all employees to relinquish 10% of their paycheck each pay period to the union in order to maintain their employment status. This is referred to as an “union shop” state. Many states do not have this mandate for workers, those are “right to work states or open shop states”. The employees would like to have the state union dues mandate removed since their union has acquiesced to mandates imposed by the employer without a majority vote of its members. The employees feel that the union is not protecting their jobs or representing their best interest. The Anti- dues employee group will bring a lawsuit against the Union and state claiming that the 10% payment violates their 1st amendment right to speech, association and contract as well as their 5th amendment right to due process and property.
Step 3: Write a Legal Argument
This fact pattern includes three issues. Address only issue 3. Then pick which side you will represent. You may either represent the CAL Hospital group (employer) or the CAL employee group for the first mandate issue. For the second issue you may choose to represent the practicing physicians who have advised patients against vaccine or provided early treatments to their covid patients or the State. For the third issue you may choose to represent either the Union or the anti-dues employees represented by the Union that do not want to pay their dues in the suit against the CALYORK statute. Pick only one issue
Use the IRAC memo method to write your legally supported memo. Your feelings are not relevant in this exercise and while a feeling argument may win the case in the District of CALYORK ( California and New York both have similar issues as the facts presented here) , it will not stand on appeal to the Supreme Court where you must use the existing law to support your position. You will receive zero points for failing to use the IRAC format.
