MEMORANDUM

To: Dr. Douglas Swanson From: Troy Mosley Subject: Matt Martinez Legal Proceedings

Piney Wood Lumber Company

Recently we found that the remote raw materials plant near Mount Reavis has been slipping in their production numbers. After a short investigation it was found that the plant suffered from a high employee turnover rate. Accompanied by absenteeism and the excessive use of alcohol. Personnel director Jim Haskins and public relations specialist Bob Burruss were sent to the plant to create a plan to increase productivity. Shorty after their arrival Haskins and Burruss addressed the issues and increased productivity through multiple projects. These projects improved the facilities, offered activities such as fishing and hunting and increased time off so employees could spend more time with family. Productivity increased quickly. However the employee alcohol use was still evident. Haskins and Burruss created an alcohol treatment and recovery program to help combat the issue. The program suffered from lack of participation. In an attempt to increase the use of the program Haskins and Burruss published an employee profile of Matt Martinez with his permission in the company newsletter. The newsletter outlined Martinezs past history with alcohol abuse and how he fought off the addiction to become one of the top employees at the raw materials plant. Subsequently Martinez has filed a lawsuit against Piney Wood Lumber Company, Haskins and Burruss. Martinez probably filed a suite under the invasion of privacy law regarding public disclosure of private facts. Martinez probably argued that the information, which was published, was given to Haskin and Burruss in confidentiality during their interview with Martinez. Unfortunately I do not feel Martinez had just cause to sue. Under the privacy law regarding public disclosure of private facts, Martinez would have to prove that the information that was published was offensive to a normal person. To prevent legal actions from having occurred. Haskins and Burruss should have obtained written authorization from Martinez to publish a story about him. Additionally the written authorization should have outlined exactly what the publication was going to disclose. Martinez should have had the opportunity to review the final draft and have overall control on whether it was published or not. To defend itself, Piney Woods needs to express that it was not trying to harm Martinez in any way, that it actually told a story of determination and triumph over such a harmful disease. I do not feel Haskins and Burruss could nor should be held liable as individuals. Piney Woods as a company is responsible for their employees actions. Unless these actions were conducted outside company policys and procedures. Initially Burruss should have thought out what he was doing. Yes he was trying to show an example of success. On the other hand he failed to remember some basic principals. Privacy, Burruss failed to keep the fidelity of the interview conducted. He used private information that was given to him with the idea it was confidential. Ethically he failed to remember he was going to release information that could harm Martinez. Information that his co-workers were going to read. To

lessen the opportunity for a negative outcome, again Burruss should have sought written permission from Martinez. Additionally he should have included Martinez in the writing process. By following a few simple steps while keeping a good balance between legality and ethics.