You Are The Judge 1

You Are The Judge 1 - This paper will discuss Case Example...

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This paper will discuss Case Example A . Elaine was fired by Jerry after being employed for two months. Elaine is suing Jerry to get her job back. Shortly after Elaine was fired, Jerry hired a man name Kramer who has less education than Elaine. Elaine was discharged with no reason because she was an at-will employee. Elaine needs to figure out what the legal facts are behind her discharge. The main fact that needs to be proven is whether or not Elaine was wrongfully discharged. Elaine can figure this out by asking her self questions about the different legal issues at hand. Was there a statutory exception? Federal labor law prohibits employers from discharging employee-members of labor unions in violation of labor laws or collective bargaining agreements. Title VII along with federal and state law also prohibit discharge based on discrimination of race, gender, religious belief, age, handicap, or any other form of discrimination. This is probably the best chance Elaine will have to make a case for a lawsuit. Elaine must decide if she feels that Jerry discharged her because of the fact that she is a woman or else because of her age. Unfortunately for people who are discriminated against, this is always something that is hard to prove. Elaine can also ask herself, was there a contract exception or breach of contract? Sometimes an employer and an employ may have an implied-in-fact contract. This would include a company handbook, company bulletin, or a policies and procedures book with mention that employees who perform their jobs properly will not be discharged. Elaine may have some legal ground here depending on the details of her offer letter as well as if Jerry has a company handbook. Another legal question that Elaine should ask herself could be, is there a public policy exception? This refers to the policy of the local jurisdiction. A company may not discharge an employee for serving as a juror, refusing to do an act in violation of the law, or refusing to distribute
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a defective product. Elaine may also consider asking herself if there was a tort exception.
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This note was uploaded on 04/28/2011 for the course GBS 205 taught by Professor Michaelwade during the Spring '11 term at Rio Salado.

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You Are The Judge 1 - This paper will discuss Case Example...

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