Thesis on "Legal Risk and Opportunity in Employment"
Thesis 3 pages (1069 words) Sources: 2 Style: APA
[EXCERPT] . . . .
Employment LawLegal Risk and Opportunity in Employment
Scenarios: Legal risks and opportunities in employment law
Scenarios: Legal risks and opportunities in employment law
Scenario
In general, unless informed otherwise, most employees are presumed to be hired 'at will.' "Even if your employer does not use the term 'at will,' statements that you can be fired without a good reason are indications that your employer follows an at-will policy" (Employment at will, 2009, Nolo). However, if an employer makes statements, either during the hiring process or afterwards, indicating the employee will be fired only for good cause, such as saying "You'll always have a home here as long as you do a good job" or "We never fire an employee who's performing well" the employee may have a legal case, albeit a shaky one, that he or she was not hired at will (Employment at will, 2009, Nolo). The employee could make a case that an implied verbal, or, in Pat's case, an implied written contract, was broken.
The fact that Pat made such a seismic life change and sacrifice to change his place of employment, coupled with the statement in the employment manual that employees would only be fired after placement on a corrective action plan would support his allegation that he was not hired at will, and there was a legal contract that was broken. While it can be difficult to make a case for restitution of employment, and NewCorp might allege that the requirement that contracts must have a meeting of the minds to be legally valid. In a contract, both parties must understand the contract, agree to the same terms, be
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Pat has stronger grounds for legal action regarding his political demonstration. Even employees hired explicitly at will "cannot be fired for reasons that are illegal under state and federal law," such as for their race, religion, or political beliefs (Employment at will, 2009, Nolo). If Pat can prove he was doing a good job, and his fitness was only questioned because of his political actions outside of the job, and there was no stipulation in the employment contract inhibiting such actions, he has grounds for a discrimination lawsuit.
Scenario 2:
Sexual harassment can take two forms. The most obvious is that of 'quid pro quo' harassment or when an employee demands sexual favors in exchange for a raise, promotion, or retention of the job. There is also a form of harassment called creating a 'hostile workplace' in which innuendos and repeated sexual advances make it impossible for the employee to do his or her job. In this case, Paula alleges that Sam committed both forms of harassment, first making the workplace hostile, and then using the pretence of safety regulations to block her transfer to a different occupation where she… READ MORE
Quoted Instructions for "Legal Risk and Opportunity in Employment" Assignment:
The following legal encounters involve NewCorp, your employer. You are required to provide a brief answer to questions asked at the end of each encounter. Your boss expects a substantive answer, not a recommendation to refer matters to an attorney. The majority of U.S. businesses do not have staff counsel. Your boss does not want to spend money getting advice until after you provide an assessment.
Identify what legal principles support your decision. All encounters may be supported from legal principles and statutes.
Write an answer of no more than 350 words for each encounter.
Format your paper according to APA standards.
Please label each encounter seperate;
Legal Encounter 1
NewCorp hired Pat as manager of real property in Vermont, responsible for activities related to maintaining leased office space. Pat supervised 51 employees and lower-level supervisors, and dealt with tenants who leased commercial space. Pat relocated from another city 300 miles away, moving his wife and children, and selling and buying a home. His wife quit her job to seek employment in Vermont.
After Pat had been working for three months, his boss explained that things were not working out, and that Pat would be discharged with 30 days***** severance pay. Pat was surprised because his employer gave no previous indication of any problem. NewCorp*****s personnel manual, which had been provided to Pat upon his acceptance of employment, outlined the process for dealing with unsatisfactory employees:
Notice of Unsatisfactory Performance/Corrective Action Plan
If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a corrective action plan. If the employee*****s performance does not improve to a satisfactory level in the specified period of time, termination will follow.
Pat acknowledged that, upon employment, he signed an understanding that the company observed employment at will with respect to discharge, but believed the provision limited NewCorp*****s freedom to fire him at will. Finally, Pat observes that NewCorp senior management was noticeably unfriendly after Pat had been vocal at a local school board meeting. In the meeting, Pat insisted that sports funds should be equally allocated among all athletic programs, not just on boys***** football and basketball. His position was unpopular, and although no one at the meeting identified Pat as a NewCorp employee, he believed this contributed to the decision to fire him.
What liability and rights do NewCorp or Pat have in this situation? What legal principles, such as statutory or case law, supports those liabilities and rights?
Legal Encounter 2
NewCorp employed Sam as a supervisor of electrical manufacturing for auto under-dash wiring harnesses. Sam*****s department employed about 100 men and women to create the wiring, coat it with various insulators, and connect it to different universal couplings, so speedometers, oil gauges, and other instruments would work. The final product, an under-dash wiring harness, was sent to the assembly plant for installation.
Sam developed a relationship with one of his employees, Paula. They began dating and the relationship turned into a torrid affair that included frequent trysts at the workplace. Paula later met and began dating a man who did not work for NewCorp, and ended the affair with Sam. Sam did not give up easily, and continued exhibiting other unwelcome behaviors, even after Paula told him to stop. Sam suggested that Paula*****s work might be suffering from a lack of interest on her part, because she stopped dating him.
Paula decided to get away from Sam, and applied for a transfer to the wire-coating department, which was not under his control. Sam blocked the transfer, citing evidence that chemicals used in wire coatings could harm an early-state fetus. Because Paula could become pregnant, Sam argued, NewCorp could not take the chance for Paula to work in wire coating because of the possible liability for a resulting birth defect. Paula believed this was Sam*****s way of keeping her under his thumb, and that, even if it was not, it was illegal discrimination based on sex.
What liability does NewCorp have in this situation? What can NewCorp do? In your answer, identify what legal principles, such as statutory or case law, support your belief.
Legal Encounter 3
NewCorp employed Paul as a senior maintenance technician, which required him to work in confined spaces to repair equipment. Repair of the pulp shredder was particularly difficult because the space in which Paul worked was narrow, and the machine noise and vibration irritated Paul when he turned the machine on and off. After one employee was injured when working on the machine, NewCorp attempted to moved it to create more space, but nearby building support beams allowed little movement.
Paul refused to work on the machine, saying that it was too confining and dangerous. The NewCorp safety manager reviewed the area and deemed it safe. Paul said he became claustrophobic because of working in such confined spaces, and this condition arose from his employment, making it a worker compensation issue. Paul called the Occupational Safety and Health Administration (OSHA) to complain about NewCorp requiring him to work in a dangerous situation. In addition to calling OSHA, Paul threatened to get a lawyer and sue NewCorp. Management was not sure what legal principles apply to the circumstances in this situation.
What liability does NewCorp have? What regulatory and compliance requirements and legal principles, such as statutory or case law, are relevant to this situation?
Resources: Business: Its Legal, Ethical, and Global Environment
Identify what legal principles support your decision. All encounters may be supported from legal principles in this week*****s readings, including cases and statutes.
Write an answer of no more than 350 words for each encounter.
Format your paper according to APA standards.
How to Reference "Legal Risk and Opportunity in Employment" Thesis in a Bibliography
“Legal Risk and Opportunity in Employment.” A1-TermPaper.com, 2010, https://www.a1-termpaper.com/topics/essay/employment-law-legal-risk/1924097. Accessed 3 Jul 2024.
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