Business LawLAW531January 25, 2010I have been chosen to answer questions that are presented at the end of three separate encounters. I also will have the opportunity at the end to summarize my findings and give recommendations for the organization. I will answer all questions at the end of encounter 1, 2, and 3. Then conclude with an assessment that NewCorp can use to help resolve the issues they have encountered.
Legal Encounter 1This encounter discusses the hiring of Pat as the manager of NewCorp in Vermont. His job requirement was to take care of the leased office space. After three months Pat received word from his boss that things were not working out and they were terminating his employment there and he would receive a severance pay for a month. He knew that in the company's personnel manual an employer must inform an employee of any problem to allow them ample time to make improvements, however this never happened.
What liability and rights do NewCorp or Pat have in this situation?If Pat has been working over 90 days then NewCorp was in violation of the employee policy stated in their handbook. The company failed to notify Pat if he was lacking in his performance to allow him time to make improvements in his performance at work. The organizations actions as understood after reviewing this encounter, is in direct violation of the employment policy that was recognized, understood, and signed by Pat. Pat has a right to pursue legal actions against NewCorp for wrongfully terminating his employment and the company would have to pay Pat.
However if Pat has reached his 90 day probation period then NewCorp has a right to terminate his employment without legal actions against the company. With Pat not being a full time employee the organization was...