Ava works the evening shift at a bank. Her husband, Dylan, calls the office one evening to speak with her

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Assignment 4:

For each assignment in this course, you will be presented with two questions: A legal question and a practical advice question.

For the legal question, please answer the question using appropriate case law and/or statutory law. You do NOT need to use a full-fledged IRAC-type essay, but you should clearly identify the legal issue, cite appropriate authority and properly apply the authority to the question at hand.

For the advice question, you will be asked to suggest how an employer should undertake an action or policy in a way that is legal and appropriate. You do not need to cite authority (though you may), but your advice should be consistent with the principles you learned in this course.

Legal Question

Ava works the evening shift at a bank. Her husband, Dylan, calls the office one evening to speak with her. When Ava does not answer her phone, Dylan calls Ava’s supervisor, Amador, who is a close childhood friend of his. Amador informs Dylan that Ava has not reported to work that evening, the evening before or on several other evenings during the prior few weeks. As a result of this discussion, Dylan learns that Ava was spending the evenings with her ex-boyfriend. Several days later, Dylan commits suicide. Dylan’s family sues the bank for invasion of privacy, alleging that Amador did not have the right to inform Dylan that Ava had not reported for work. Can the company be held liable for invasion of privacy? Explain, using applicable legal authority.

Advice Question

Matthew decides to install video surveillance in every area of his restaurant so he can see how his wait staff interacts with the customers and with one another. He is worried that his employees will have a viable invasion of privacy claim against him for engaging in this type of surveillance. How should he proceed to minimize their privacy expectations?

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