Legal Risks and Opportunity in Employment
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- Date Submitted: 03/10/2010 06:16 PM
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Legal Encounter 1
Newcorp’s Liability and rights
We have the right to terminate employees’ at-will as long as we clearly specified the guidelines and procedures outlined in the Personnel Manual were not a contract. Furthermore, we may be liable for not following the do’s and don’ts of the firing at-will employees:
Do
1. Conduct an objective uniform measure of Pat’s performance
a. Pat was only in position for three months without a performance review
2. Give Pat a written documentation with a clear, business-related reason for his dismissal
a. Pat’s boss did not provide Pat with any written documentation
3. Follow the company’s Corrective Action Plan (CAP) guidelines outlined in the Personnel Manual
a. Pat was not notified of his poor performance
b. Pat was not placed on the CAP
c. Pat was not given a chance to improve his performance
Don’t
1. Offer Pat a face-saving reason for his dismissal that’s unrelated to poor performance
a. Things don’t seem to be working out does not relate to poor performance
Pat’s liability and rights
Pat’s liability is his family’s welfare. Pat and his family relocate 300 miles to another town. This forces Pat’s wife to quit her job and seek employment in a new town. This also forces Pat to sell one home and buy another. Pat assumes this as a promise of employment and that the CAP section of the Personnel Manual would absolve the at-will doctrine we observed. I believe Pat has a right file suit for promissory estoppel and breach of contract.
Case Law
The legal principle in this situation comes from the Dillon v. Champion Jogbra, Inc. (Case 18.7), Linda Dillon’s boss told her not to be concerned if she does not catch on to her new duties because it should take four to six months before she would be comfortable. However, two months later Dillon was let go. The Supreme Court held Dillon’s boss’s statement was a promise of employment, but the company did not breach contract because the handbook clearly specified the...
Newcorp’s Liability and rights
We have the right to terminate employees’ at-will as long as we clearly specified the guidelines and procedures outlined in the Personnel Manual were not a contract. Furthermore, we may be liable for not following the do’s and don’ts of the firing at-will employees:
Do
1. Conduct an objective uniform measure of Pat’s performance
a. Pat was only in position for three months without a performance review
2. Give Pat a written documentation with a clear, business-related reason for his dismissal
a. Pat’s boss did not provide Pat with any written documentation
3. Follow the company’s Corrective Action Plan (CAP) guidelines outlined in the Personnel Manual
a. Pat was not notified of his poor performance
b. Pat was not placed on the CAP
c. Pat was not given a chance to improve his performance
Don’t
1. Offer Pat a face-saving reason for his dismissal that’s unrelated to poor performance
a. Things don’t seem to be working out does not relate to poor performance
Pat’s liability and rights
Pat’s liability is his family’s welfare. Pat and his family relocate 300 miles to another town. This forces Pat’s wife to quit her job and seek employment in a new town. This also forces Pat to sell one home and buy another. Pat assumes this as a promise of employment and that the CAP section of the Personnel Manual would absolve the at-will doctrine we observed. I believe Pat has a right file suit for promissory estoppel and breach of contract.
Case Law
The legal principle in this situation comes from the Dillon v. Champion Jogbra, Inc. (Case 18.7), Linda Dillon’s boss told her not to be concerned if she does not catch on to her new duties because it should take four to six months before she would be comfortable. However, two months later Dillon was let go. The Supreme Court held Dillon’s boss’s statement was a promise of employment, but the company did not breach contract because the handbook clearly specified the...