ENGL 101 Capella University Actions Errors and Omissions Contributing to The Six Wrongful Death Complaints Paper

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Assessment 3: Critical Incident Analysis

Write a 5-6 page paper analyzing the critical incident at CapraTek.

Introduction

As a result of the chart and memorandum you created for your consulting client, legal counsel for CapraTek has determined that the company experienced a critical incident related to COVID-19 that has resulted in serious legal risks. The critical incident includes a potential failure to implement appropriate precautions in the workplace and a potential failure to properly select essential workers to remain onsite during the pandemic. The company has hired an outside investigator to interview five key CapraTek employees regarding this incident. The CEO has now asked you to analyze the interviews of these employees and write a memorandum in narrative form addressing the six deaths reported in the wrongful death worker complaints.

In this assessment, you will analyze the transcript of interviews with five key CapraTek employees and write a memorandum in narrative form addressing the following for each of the wrongful death complaints. See the CapraTek Key Employee Interviews [DOCX].

  1. Identify actions, errors, and omissions that may have contributed to the six wrongful death complaints; assign each action, error, or omission to the individual(s) involved.
  2. Analyze potential legal liabilities to the company resulting from the incident supported by references to the legislation, order, or recommendation involved.
    • Refer to the specific U.S. law, regulation, recommendation, or order involved.
  3. Assess the severity of the legal risk for each complaint. Include a summary of the plaintiff’s case and potential defenses against each claim.
    • Address the severity of potential legal liability.
    • Summarize the plaintiff’s potential case.
    • Describe any defenses CapraTek might be able to assert to avoid liability.
    • Identify any unanswered questions and additional individuals to be interviewed, providing your rationale indicating why they should be interviewed.
  4. Evaluate the skills of the interviewer, including their selection of key employees interviewed, facts gathered, thoroughness of interview questions, confidentiality of the interview transcript, and any omissions by the interviewer.
    • Indicate what, if anything, you believe the interviewer left out that should have been included, or that they included that should have been left out.
  5. Explain confidentiality and privilege considerations for the interview transcript that address protections for both the company and the interviewed employees.
    • If this transcript were obtained by a plaintiff’s attorney, could it be used at trial against the wishes of CapraTek?
    • For the interviewed employees, what are the limits of confidentiality that protects them?
  6. Convey purpose, in an appropriate tone and style, incorporating supporting evidence and adhering to organizational, professional, and scholarly writing standards.
    • Memorandum should be concise, well organized, and written in narrative form,
    • Adhere to conventions for spelling, grammar, sentence structure, legal/business terminology, and word usage.
    • Adhere to APA citation and referencing standards.

Additional Requirements

As you complete your assessment, be sure it meets the following guidelines:

  • Written communication: Use error-free doctoral-level writing, with original (non-plagiarized) content, logical phrasing, and accurate word choices.
  • Scholarship: Use 3–4 professionally reputable sources to support your main points and analysis. Be sure to include scholarly sources. Course readings may be included among the required sources.
  • APA formatting: All resources and citations should be formatted according to current APA style and formatting guidelines.
  • Length: 5–6 typed, double-spaced pages, in addition to the cover page, illustrations, reference page, and appendix.
  • Font and font size: Consistent, APA-compliant font, 12-point.

Please also note:

  • For this assessment, you are required to follow the Standard Naming Convention requirements and the Track Changes requirements for any files you upload. You will find the requirements on the DBA Submission Requirements page.
  • Before submitting your assessment, you are required to use Recite to check that your in-text citations match the reference list at the end of your assessment. Recite also checks for stylistic errors related to referencing. Make any corrections to your assessment based on the Recite report.

Competencies Measured

By successfully completing this assessment, you will demonstrate your proficiency in the course competencies through the following assessment scoring guide criteria:

  • Competency 1: Create rule- and value-based arguments from human resource models and theories, supported with clear and relevant evidence that convey professional tone and style.
    • Convey purpose, in an appropriate tone and style, incorporating supporting evidence and adhering to organizational, professional, and scholarly writing standards.
  • Competency 4: Appraise multiple responses to a managing a human resource problem for compliance within ethical, legal, or regulatory frameworks.
    • Assess the severity of the legal risk for each complaint, including a summary of the plaintiff’s case, and potential defenses against each claim.
    • Identify any unanswered questions and additional individuals to be interviewed with a rationale for each choice.
    • Explain confidentiality and privilege considerations for the interview transcript addressing protections for both the company and the interviewed employees.
  • Competency 5: Analyze an organization’s human resource management problem from the perspective of the legal and regulatory environment in which the organization operates.
    • Identify actions, errors, and omissions that may have contributed to the six wrongful death complaints; assign each action, error, or omission to the individual(s) involved.
    • Analyze potential legal liabilities to the company resulting from the incident supported by references to the legislation, order, or recommendation involved.
    • Evaluate the skills of the interviewer including selection of key employees interviewed, facts gathered, thoroughness of interview questions, confidentiality of the interview transcript, and any omissions by the interviewer.

    Resources: Workplace Investigations

  • Dwoskin, L. B., & Squire, M. B. (2018). Best practices in conducting internal workplace investigations of discrimination and harassment complaints. Employee Relations Law Journal, 44(2), 20–38.
    • This article explains key considerations in conducting investigations of worker complaints, such as confidentiality, privilege, and investigation procedures.

    Branigan, K. S., Nowicki, C. L., Buza, L. A., & Allen, J. S. (2019). Conducting effective independent workplace investigations in a post- #MeToo era. Dispute Resolution Journal, 74(1), 85–110.

    • This article explains key considerations in conducting investigations of worker complaints and supplements the above article.

    NLRB issues decisions for week of Dec. 16-20. (2020, January 7). Targeted News Service.

    • Search for the ruling on “Apogee Retail LLC d/b/a Unique Thrift Store.” This case explores the limits of confidentiality in workplace investigations. Workers may be asked to keep their part in an investigation confidential as a condition of continued employment, despite an earlier ruling by NLRB that found such a condition would infringe on worker rights under NLRA.
  • Resources: COVID-19 Business Impacts

  • Dey, M., Frazis, H., Loewenstein, M. A., & Sun, H. (2020, June). Ability to work from home: Evidence from two surveys and implications for the labor market in the COVID-19 pandemic. MLR. Monthly Labor Review, pp. 1–18.
    • This resource shows how to determine if workers can perform their job remotely or must report to an onsite workplace.

    McWilliams, P.L. (2020). Employment law implications of a refusal to work due to fear of COVID-19. Employee Benefit Plan Review, 74(5), 6–9.

    • This resource offers practical suggestions for how an employer can respond to COVID-19 legal requirements.

    Hemel, D., & Rodriguez, D. B. (2020). Public health framework for COVID-19 business liability. Journal of Law and the Biosciences, 7, 1–19.

    • This article suggests ways to defend lawsuits brought as a result of a plaintiff contracting COVID-19.
  • Assessment 3

      In this assessment, you will analyze the transcript of interviews with five key CapraTek employees.NOTE – This is an outline of the assessment requirements. Be sure to read the entire assignment to understand all of the nuances of the requirements.For good organization – Head each section of your paper e.g., Errors and Omissions; Potential Legal Liabilities, etc., and follow the outline below.

      1. Identify actions, errors, and omissions that may have contributed to the six wrongful death complaints;
        • assign each action, error, or omission to the individual(s) involved.
      2. Analyze potential legal liabilities to the company resulting from the incident supported by references to the legislation, order, or recommendation involved.
        • Refer to the specific U.S. law, regulation, recommendation, or order involved.
      3. Assess the severity of the legal risk for each complaint. Include a summary of the plaintiff’s case and potential defenses against each claim.
        • Address the severity of potential legal liability.
        • Summarize the plaintiff’s potential case.
        • Describe any defenses CapraTek might be able to assert to avoid liability.
        • Identify any unanswered questions and additional individuals to be interviewed, providing your rationale indicating why they should be interviewed.
      4. Evaluate the skills of the interviewer, including their selection of key employees interviewed, facts gathered, thoroughness of interview questions, confidentiality of the interview transcript, and any omissions by the interviewer.
        • Indicate what, if anything, you believe the interviewer left out that should have been included, or that they included that should have been left out.
      5. Explain confidentiality and privilege considerations for the interview transcript that address protections for both the company and the interviewed employees.
        • If a plaintiff’s attorney obtained this transcript, could it be used at trial against the wishes of CapraTek?
        • For the interviewed employees, what are the limits of any confidentiality that protects them?

      Remember –Use error-free doctoral-level writing, with original (non-plagiarized) content, logical phrasing, and accurate word choices. Use 3–4 professionally reputable sources to support your main points and analysis. Be sure to include scholarly sources. Course readings may be included among the required sources.All papers, resources and citations should be formatted according to APA 7 style and formatting guidelines.Use Recite to check that your in-text citations match the reference list at the end of your assessment. Recite also checks for stylistic errors related to referencing. Make any corrections to your assessment based on the Recite report.As always, let me know if you have any questions or if I can be of any help.

    Be sure you consider the information found at the following links as you work on Assessment 3!

    covid faq 11232020 (002).pdf (illinois.gov)

    Alabama_USLAW_Compendium_COVID19_WorkersCompQuickGuide_2020.pdf.

    2020 GA WC Covid-19 Compendium (00217965.DOCX;1) (uslaw.org)