Legal Risk and Opportunity in Employment
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- Date Submitted: 02/25/2010 09:59 PM
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Week four assignment is to analyze three different employment legal encounters involving NewCorp and its legal obligations to its employees regarding possible wrongful charge, sexual harassment, and workplace safety.
Legal Encounter 1: Manager of Real Property (Pat)
NewCorp hired Pat to be the manager of real property, responsible for activities related to maintaining leased office space. After three months of employment, Pat’s superior explained that things was not going as planned and issued a termination notice with 30 days severance pay. The dismissal shocked Pat because he was not aware that his performance was unsatisfactory.
Pat termination was an example of wrongful discharge. Pat is aware that he signed an agreement that the company observed employment at will with respect to release him. Pat also believed that the provision limited NewCorp’s freedom to fire him at will because there are Federal acts that produced laws that limit the employment at will policy and assist to enforce reasonable cause for termination. This protect employees from termination in retaliation for reporting violations of the laws or other types of discrimination like race, color, religion, sex, or national origin. If Pat was dismissed purposely on any of these reasons protected by these laws, it is not likely to be good cause for termination and means the “at will policy” would not apply. Pat may have grounds for wrongful termination.
Pat believed that the termination his dismissal from NewCorp came about because he was vocal at a local school board meeting. He was adamant about the sport funds being allocated among all athletic programs and not just for certain boys’ sports. This did not set well with others in the meeting. Wrongful termination suits can be issued when the employer has retaliated against an employee for exercising his or her right that is supported by public policy within the area. NewCorp also failed to follow the proper disciplinary and termination...
Legal Encounter 1: Manager of Real Property (Pat)
NewCorp hired Pat to be the manager of real property, responsible for activities related to maintaining leased office space. After three months of employment, Pat’s superior explained that things was not going as planned and issued a termination notice with 30 days severance pay. The dismissal shocked Pat because he was not aware that his performance was unsatisfactory.
Pat termination was an example of wrongful discharge. Pat is aware that he signed an agreement that the company observed employment at will with respect to release him. Pat also believed that the provision limited NewCorp’s freedom to fire him at will because there are Federal acts that produced laws that limit the employment at will policy and assist to enforce reasonable cause for termination. This protect employees from termination in retaliation for reporting violations of the laws or other types of discrimination like race, color, religion, sex, or national origin. If Pat was dismissed purposely on any of these reasons protected by these laws, it is not likely to be good cause for termination and means the “at will policy” would not apply. Pat may have grounds for wrongful termination.
Pat believed that the termination his dismissal from NewCorp came about because he was vocal at a local school board meeting. He was adamant about the sport funds being allocated among all athletic programs and not just for certain boys’ sports. This did not set well with others in the meeting. Wrongful termination suits can be issued when the employer has retaliated against an employee for exercising his or her right that is supported by public policy within the area. NewCorp also failed to follow the proper disciplinary and termination...