Newcorp Legal Scenarios
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- Date Submitted: 03/20/2010 04:45 AM
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NewCorp Legal Scenarios
When companies hire new employees there are certain regulations that should be explained in clear detail from the beginning. When everything is clearly spelled out for the employee, the employer is helping prevent any legal suits that could be brought up against the company. Some of the issues that need to be discussed are, the termination procedures the company uses, the company’s policy on sexual harassment and discrimination, and what Occupational Safety and Health Administration (OSHA) standards the company follows. That information will help establish a solid working relationship between the principle (employer) and the agents (employees) (Jennings, 2006).
Legal Encounter One
In the event that Pat decides to take action against NewCorp for wrongful termination there are some liabilities and rights that both NewCorp and Pat have in this case. Pat can claim that NewCorp cannot use employment at-will because the company’s personnel manual states a different procedure for handling unsatisfactory employees. The statement in the personnel manual is guaranteeing Pat that his employment will not be terminated before he is notified about the problem and placed on a corrective action plan (University of Phoenix, 2010). NewCorp could be facing a breach of implied contract because the company’s personnel manual is providing a written promise to the employee (Jennings, 2006). If Pat’s employment is not justified he has the right to file a wrongful discharge suit.
NewCorp, on the other hand, can say that even though the personnel manual states a different procedure for employment termination, the company still has the right to terminate Pat’s employment because Pat signed the understanding acknowledging NewCorp’s employment at-will procedures (University of Phoenix, 2010). Please reference the case of Dillon v. Champion Jogbra, Inc. to get a better understanding of the issues with breach of implied contract (Jennings, 2006). Some states...
When companies hire new employees there are certain regulations that should be explained in clear detail from the beginning. When everything is clearly spelled out for the employee, the employer is helping prevent any legal suits that could be brought up against the company. Some of the issues that need to be discussed are, the termination procedures the company uses, the company’s policy on sexual harassment and discrimination, and what Occupational Safety and Health Administration (OSHA) standards the company follows. That information will help establish a solid working relationship between the principle (employer) and the agents (employees) (Jennings, 2006).
Legal Encounter One
In the event that Pat decides to take action against NewCorp for wrongful termination there are some liabilities and rights that both NewCorp and Pat have in this case. Pat can claim that NewCorp cannot use employment at-will because the company’s personnel manual states a different procedure for handling unsatisfactory employees. The statement in the personnel manual is guaranteeing Pat that his employment will not be terminated before he is notified about the problem and placed on a corrective action plan (University of Phoenix, 2010). NewCorp could be facing a breach of implied contract because the company’s personnel manual is providing a written promise to the employee (Jennings, 2006). If Pat’s employment is not justified he has the right to file a wrongful discharge suit.
NewCorp, on the other hand, can say that even though the personnel manual states a different procedure for employment termination, the company still has the right to terminate Pat’s employment because Pat signed the understanding acknowledging NewCorp’s employment at-will procedures (University of Phoenix, 2010). Please reference the case of Dillon v. Champion Jogbra, Inc. to get a better understanding of the issues with breach of implied contract (Jennings, 2006). Some states...