employment relationship

employment relationship - Legal Risk 1 Legal Risk and...

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Legal Risk 1 Legal Risk and Opportunity in Employment Fred Johnson University of Phoenix
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Legal Risk 2 Legal Risks and Opportunity in Employment In legal encounter 1, NewCorp unexpectedly terminated Pat after three months of employment. NewCorp had the right to terminate Pat by statue of their “at will” working agreement. Pat was aware of the employee at will working agreement with NewCorp but contends he was unjustly fired. He believes his social actions outside the workplace contributed to his termination. NewCorp’ Rights and Liabilities According to NewCorp’s personnel manual, NewCorp maintains the right to terminate Pat for unsatisfactory job performance; however, NewCorp may be liable for breach of contract because Pat’s manager did not follow the company’s policy and procedure in regards to the Notice of Unsatisfactory Performance/Corrective Action Plan. This plan states, “if the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on corrective action plan. If the employee performance does not improve to a satisfactory level within the specified period of time, termination will follow” (Crowson, 2009, p. 11). The manager did not present or document specific incidents concerning his performance prior to termination. The lack of these actions makes it more difficult to justify his actions of termination. The liability to NewCorp is in the procedure the manager exhibited with terminating Pat. Pat’s Rights and Liability
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employment relationship - Legal Risk 1 Legal Risk and...

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