Legal Encounter Responses
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Legal Encounter Responses
Kati Kraft-Smith
LAW 531
Martine Anderson
University of Phoenix
Legal Encounter Responses
Introduction:
The following are responses to three potentially legal obligations to New Corp. The first deals with a potential wrongful fire of an individual known as Pat. The second a possible sexual harassment and discrimination case against Paula by an individual she use to date and consequentially her supervisor as well, Sam. Finally the third addressed OSHA regulations and what constitutes a safe work environment with Paul.
Legal Encounter 1
Title VII of the Civil Rights Act covers most issues in employment discrimination. The At Will Act cannot conflict with Title VII in any way concerning the termination process of Pat. This means that termination cannot take place under the At Will Act if it takes place under discrimination, conflicts with written or implied contracts, or violates any public policy. Pat did sign an At Will agreement preventing him to file suit for wrongful termination. However, Pat could argue that company policies were not adhered to in his case concerning the Corrective Action Plan within the employee handbook thus this case has potential to have a look of discrimination upon beliefs lean to it. Also, Pat could argue that an implied contract was made due to his relocation and sacrifices made by himself and his family.
It would be in New Corps best interest to not terminate at the moment and put him on Notice of Unsatisfactory Performance for the specified period of time according to the Corrective Action Plan. After doing this if Pat’s performance does not improve then termination could be the next step. However, it would be best to have documentation of job description, parameters that need to be met along with expectations, and evidence showing no improvement in job performance over the allotted time frame to ensure that we do have evidence to prove poor job performance if this happens to go further....
Kati Kraft-Smith
LAW 531
Martine Anderson
University of Phoenix
Legal Encounter Responses
Introduction:
The following are responses to three potentially legal obligations to New Corp. The first deals with a potential wrongful fire of an individual known as Pat. The second a possible sexual harassment and discrimination case against Paula by an individual she use to date and consequentially her supervisor as well, Sam. Finally the third addressed OSHA regulations and what constitutes a safe work environment with Paul.
Legal Encounter 1
Title VII of the Civil Rights Act covers most issues in employment discrimination. The At Will Act cannot conflict with Title VII in any way concerning the termination process of Pat. This means that termination cannot take place under the At Will Act if it takes place under discrimination, conflicts with written or implied contracts, or violates any public policy. Pat did sign an At Will agreement preventing him to file suit for wrongful termination. However, Pat could argue that company policies were not adhered to in his case concerning the Corrective Action Plan within the employee handbook thus this case has potential to have a look of discrimination upon beliefs lean to it. Also, Pat could argue that an implied contract was made due to his relocation and sacrifices made by himself and his family.
It would be in New Corps best interest to not terminate at the moment and put him on Notice of Unsatisfactory Performance for the specified period of time according to the Corrective Action Plan. After doing this if Pat’s performance does not improve then termination could be the next step. However, it would be best to have documentation of job description, parameters that need to be met along with expectations, and evidence showing no improvement in job performance over the allotted time frame to ensure that we do have evidence to prove poor job performance if this happens to go further....