Legal Risk and Opportunity in Employment
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- Date Submitted: 03/21/2010 09:41 AM
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Running head: LEGAL RISK AND OPPORTUNITY IN EMPLOYMENT
Legal Risk and Opportunity in Employment
University of Phoenix-Online
Legal Risk and Opportunity in Employment
Legal Encounter 1
Pat was hired by NewCorp as manager of real property in Vermont. In accepting this position, Pat moved his family 300 miles to live in another city. This involved the sale and purchase of a home. After three months, Pat’s boss informed him that things were not working out, and Pat would be discharged, with 30 days severance pay. Prior to this notice, Pat had not been informed there was a performance issue. Pat had been informed that in regards to discharge, NewCorp did observe employment at will, and did sign an understanding in regards to this. According to NewCorp’s employee personnel manual, it explained that if the job performance of an employee were unsatisfactory, the employee would be notified accordingly, and placed on a corrective action plan (CAP). If the performance of the employee did not improve, after a certain time period, the employee would be terminated. In this situation, NewCorp is libel under promissory estoppels. Since Pat moved 300 miles, and the sale and purchase of a home are involved, there was an implied contract between Pat, and NewCorp. (Jennings, 2009, chap. 12) An example of a case relating to this is Dillon v Champion Jogbra, Inc. In this case Dillon was given a sense of job security. After Champion Jogbra terminated her position, Dillon brought suit against the company for wrongful termination. She claimed breach of contract and promissory estoppels. (Dillon v Champion Jogbra, Inc.) NewCorp did not place Pat on a corrective action plan (CAP), as explained in the personnel manual which in some states, has been interpreted as altering the employment at will, which NewCorp, observes.
Legal Encounter 2
Sam is employed by NewCorp in the position of supervisor, and developed a dating relationship with one of his...
Legal Risk and Opportunity in Employment
University of Phoenix-Online
Legal Risk and Opportunity in Employment
Legal Encounter 1
Pat was hired by NewCorp as manager of real property in Vermont. In accepting this position, Pat moved his family 300 miles to live in another city. This involved the sale and purchase of a home. After three months, Pat’s boss informed him that things were not working out, and Pat would be discharged, with 30 days severance pay. Prior to this notice, Pat had not been informed there was a performance issue. Pat had been informed that in regards to discharge, NewCorp did observe employment at will, and did sign an understanding in regards to this. According to NewCorp’s employee personnel manual, it explained that if the job performance of an employee were unsatisfactory, the employee would be notified accordingly, and placed on a corrective action plan (CAP). If the performance of the employee did not improve, after a certain time period, the employee would be terminated. In this situation, NewCorp is libel under promissory estoppels. Since Pat moved 300 miles, and the sale and purchase of a home are involved, there was an implied contract between Pat, and NewCorp. (Jennings, 2009, chap. 12) An example of a case relating to this is Dillon v Champion Jogbra, Inc. In this case Dillon was given a sense of job security. After Champion Jogbra terminated her position, Dillon brought suit against the company for wrongful termination. She claimed breach of contract and promissory estoppels. (Dillon v Champion Jogbra, Inc.) NewCorp did not place Pat on a corrective action plan (CAP), as explained in the personnel manual which in some states, has been interpreted as altering the employment at will, which NewCorp, observes.
Legal Encounter 2
Sam is employed by NewCorp in the position of supervisor, and developed a dating relationship with one of his...