Legal Risk and Opportunity in Employment

Legal Risk and Opportunity in Employment - Legal Risk and...

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Legal Risk and Opportunity in Employment 1 Running Head: LEGAL RISK AND OPPORTUNITY IN EMPLOYMENT Legal Risk and Opportunity in Employment Erin Burns University of Phoenix LAW/531 Professor Wicker March 15, 2010
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Legal Risk and Opportunity in Employment 2 NewCorp has been involved in several issues lately that could potentially put the company in litigation situations. Due to this, I have been assigned the task of giving a brief assessment of each situation and our responsibilities for each. My recommendations are as follows: Encounter 1 – Terminated Employment This situation is a possible wrongful termination suit, and, after reviewing the limited information given to me, it appears that Pat would indeed have suitable legal ground to sue NewCorp for wrongful termination. Although our relationship with Pat was an “at-will employment” situation, our disciplinary policy within the employee manual clearly states that “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.” In such cases, the employee manual or handbook can be considered an implied contract. As such, if Pat can prove that proper procedures were not followed to justify his termination, he may very well have cause to litigate. Pat may also have cause to accuse NewCorp of discrimination, although there are no real,
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Legal Risk and Opportunity in Employment - Legal Risk and...

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