Legal Risk and Opportunity in Employment

Essay by sportsnut72University, Master'sA, October 2009

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Legal Encounter OneIn this encounter, Pat had been employed for three months, but his boss discharged him with 30 days of severance pay, due to "things not working out". NewCorp's Personnel Manual, had been provided to Pat upon his acceptance of employment. There is an outlined process for dealing with unsatisfactory employees as stated in the Notice of Unsatisfactory Performance/Corrective Action Plan, but Pat never was approached from his boss on any job performance issues.

Wrongful discharge suits may also be warranted in situations where the employer has retaliated against an employee for exercising a right that the public policy is supported within the jurisdiction. Recently, Pat was vocal at a local school board meeting. Within the meeting, Pat was in favor on school sports funds being allocated equally among all student athletic programs, not just on the boy's football and basketball programs. His position on the matter was unpopular, and although no one at the school board meeting identified Pat as a NewCorp employee.

Pat believes his contribution to the meeting had assisted NewCorp senior management in discharging him.

The procedures that were given to Pat upon hiring state when there is an unsatisfactory employee the employee is required to be notify and place on a Corrective Action Plan (CAP), and NewCorp did not put Pat on a CAP. Pat's discharged could be related to NewCorp not following their own Personnel Manual procedures, and wrongful discharge comes into play when an employer does not follow specific disciplinary and termination policies.

Legal Encounter TwoThis case is involving employment discrimination and harassment, especially sexual harassment. Paula had tried to transfer to another department to get away from Sam because of his sexual conduct towards her after the relationship went sour. Sam insisted that this just needed time, but Paula continued to...