Question

Case Analysis

Log into WestlawNext and use the default search box feature to locate this court opinion (737 F.2d 784). Provide the Bluebook citation, and then (in your own words) identify the legal issue in the case, state the court's conclusion as to that issue, provide the facts relevant to that conclusion, and state the legal reasons or rationale for the court’s conclusion.

Hypothetical Scenario for Tasks 1 & 2:

On Wednesday, January 7, 2012, Lucille B. Brandow, a single mother of two preschool children, was dismissed from her position at the Baltimore, Maryland office of Harford First Bank. Ms. Brandow held the position of manager of the commercial loan division for just over three years; the managers of all the other divisions are males. Ms. Brandow was formerly a bank teller at M & T Bank for two years.

Ms. Brandow still has a copy of the application form she filled out when she applied for the position at Harford. The application form states at the top: “The relationship between you and the Bank is predicated on an at-will basis. That is to say that either the Employee or the Bank may terminate employment at their discretion. “When Ms. Brandow received her dismissal notice, the vice president for personnel at the main office told her by phone that “the national office has reviewed your file and considered all relevant circumstances and recommended your dismissal.” When asked for specifics, the vice president said that “specifics are not important; the decision has already been made.” Ms. Brandow is upset because she was given no specific reason for her dismissal and had no opportunity to meet with her supervisors to hear their concerns and to respond. Before this period, Ms. Brandow’s work record had been very good and she had routinely received high evaluations. Also, she had participated in several internal management training programs and had received a “certificate of excellence” upon completion of each one.

Ms. Brandow has also shown you an employee policy manual that she said was given to her when she first started work. The policy manual, entitled “Employee Policies and Procedures for Loan Officers and Managers: Harford First Bank,” describes procedures for dismissal of loan officers and managers. It specifically outlines that an employee would be dismissed only “for cause.” “In such circumstances,” the manual states, “an officer or manager with a less than satisfactory work record will first receive a written statement of reasons as to why performance has been considered to be unsatisfactory, and a probationary period of at least one quarter (three months) will be imposed before a permanent dismissal will take place.” You have been asked to research the issue of whether the bank is contractually obligated to follow the dismissal procedures described in the employee manual.

Task 1: Analyzing Facts

When clients tell their stories, it may sometimes be a challenge to distill the information needed to begin your research. Some facts that may be presented in a client interview or transcript may be relevant to the issue you have been asked to research, while some facts may be legally unimportant to that issue. Using the Brandow fact hypothetical and statement of the issue, provide an example of a relevant fact and an example of a legally unimportant fact. Briefly explain your answers.

Task 2: Preliminary Analysis

In preparation for researching the Brandow case, perform a preliminary analysis and formulate a research plan. Write one paragraph describing your analysis and plan.

Summary

The question belongs to Law and it discusses about the case 737 F. 2d 784. The case is about a lady being dismissed from her position in a bank as a manager.

Total Word Count 1014

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