Target length is 5-6 pages, with an absolute maximum of 6 pages [double-spaced on 8&1/2 x 11" paper using 12 point Times New Roman font and 1" margins all around].

• Fact situation
  • Construct a scenario [target length 1.5 pages] that presents an employment law issue; provide enough detail, in chronological order, to resolve the issue usingstare decisis based on the cases you find. If you know of or have been involved in a relevant real-life situation yourself, use that as a starting point and elaborate as necessary to generate non-obvious legal issues. If not, cruise the newspapers, business periodicals, case law, or websites for something usable. Use a situation of interest to you, and presents a real problem in managing the employment relationship.
• Legal issue(s) in the employment context
  • Let the fact situation drive the legal analysis and spot issues from plaintiff's and defense counsels' perspectives (i.e., what arguments would you make if you were representing an aggrieved employee? How would you defend if you were representing management?).
• Legal research
  • Find 3 original appellate cases from California, the 9th Circuit, or the U.S. Supreme Court [caution: federal District Court and other trial court cases have no precedential value] from within the last 5 years and NOT in the text or on the course website that are relevant to the legal issue(s) and management problem(s) identified. Attach hard copies to your paper. Use the facts, as well as the court's legal analysis and decisions, to figure out how your case will likely turn out if pressed, based on it's similarity to or difference from the cases you cite. Warning: you will not get full credit for this assignment if you merely attach the cases you find, and cursorily list them. You must digest them (briefly) in the body of your paper and show how they help by factual analogy to evaluate your situation. Use a highlighter to show me the portions of each case on which you are relying so I know you read and understood the cases.
• Legal and practical analysis
  • evaluate the potential legal liability to the employer, but in greater depth than you do in class firacts (i.e., discuss in greater detail the pros and cons of each side's position and your conclusion as to the likely outcome if the case went to court). Advise whether to settle or try the case, and what to do in terms ofmanagement practices to improve the situation in the future. Write from the perspective of a senior line or HR manager. Be sure to recommend detailed, specific, non-obvious improvements in employment policies or practices that would justify payment of your fees if presented as a professional management consultant.
• Online library research sources and tutorials
  • get started using Westlaw and/or Google Scholar well in advance so you know what you are dealing with. A case-finding demo will be done in class.

To conclude, make sure to have enough facts on both sides, particularly the employer’s defense, and do not have an one-sided "slam dunk" scenario which leaves you with nothing to really research. More will be discussed in class as the time approaches.