Sandy Claus works for the local board of examiners that verifies information on applications of individuals who want to become physicians in the city of Springview, Tennessee. He sees one of his fellow employees, Adam Davis go into the restroom fairly often during the work day. When Mr. Davis comes out of the restroom, he seems to be more relaxed and smells "funny." Claus has also noticed that after the restroom visits, Mr. Davis does not seem to make much sense when discussing work issues and he can not keep his attention span. Sandy Claus decided to tell his immediate supervisor but the supervisor did nothing. Sandy then went over everyone's head and called the head of Human Resources for the city. He reported that he was sure that Adam Davis was doing "dope" on the job. The city officials immediately fired Davis even without a hearing. Unfortunately Sandy Claus bragged that he had gotten Davis fired and Davis found out about it. Davis then sued City of Springview for wrongful termination. The city managers then fired Claus also for causing all the trouble and getting them in the middle of a law suit. Claus also got mad at the city and also sued them on the grounds that they could not fire him as a whistleblower under the Tennessee Retaliatory Act or Wrongful Discharge Act. He also said that they could not fire him since he had the constitutional right of freedom of speech. Your
Assignment is:
1. Analyze this case in your mind and then state the legal issues to be considered.
2. Evaluate the legal issues in this case and determine the strengths and weaknesses of (a.) the suit by Davis against the city and (b.) the suit by Claus against the city of Springview. List the strengths and weaknesses you identify.
3. Deduce logical and specific arguments . List each of your deductions.
4. Infer and state your logical legal conclusions based on your analysis, evaluations, and evidence you have previously stated. This legal conclusion should include
(a.) who should win the law suit of Adam Davis v. the City of Springview, and why and (b.) who should win the law suit of Sandy Claus v. Springview and why.