Legal Risk and Opportunity in Employment

Essay by jpros619University, Master'sA-, June 2010

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Legal Risk and Opportunity in Employment

Legal Encounter 1

The encounter discusses the hiring of a new manager, Pat, at NewCorp in Vermont. Pat's job responsibilities include maintaining leased office space and supervising 51 employees and lower-level supervisors. After three months of employment, Pat was discharged with 30 days severance pay without any reason. Knowing that NewCorp's manuel and employer must notify an employee of any issues for improvements before termination; Pat was never informed. The liabilities and rights that NewCorp has in this situation is that if Pat reached his three-month probation period, then they have they have a right to terminate his position without any legal actions against the organization. Because Pat was not a full-time employee for the company yet, NewCorp was within rights to fire him and in provide him a 30-day severance pay. If this reason was true, Pat would not be considered a permanent employee until he was evaluated and passed his three-month probation; unless another agreement of his position is agreed upon and documented.

Therefore, NewCorp has the right to terminate Pat's position without notice.

On the other hand, the liabilities and rights that Pat has in this situation is that if Pat has worked over the three-month period, then NewCorp was in violation of the employee policy stated in the handbook. In addition, NewCorp failed to inform Pat of his performance and did not allow him to make improvements; especially when Pat recognized, understood, and signed off on the employment policy. Therefore, Pat has a right to pursue legal actions against NewCorp for terminating his position.

As an employer, NewCorp must abide the legal principles that support the liabilities and rights of employees. When a company fails to follow such policies,