Legal Encounter One The biggest liability issue that NewCorp will face with Pat is over a claim of wrongful discharge. This will be based on NewCorp’s personnel manual that states that employees will be placed on a corrective action plan to improve performance before termination. No correction plan was given to Pat by his boss before being discharged. Pat will also be able to argue that in receiving the NewCorp personnel manual, an implied contract of employment was agreed upon based on the policies contained in the manual. The fact that he was discharged shortly after the school board meeting in which he shared views contrary to those held by some of our senior management should have no basis on any legal proceedings.
N.L.R.B. v. FRIENDLY CAB CO., INC., 512 F.3d 1090 (9th Cir. 2008) OPINION by CALLAHAN, Circuit Judge: Congress enacted the National Labor Relations Act ("the Act") to protect the right of employees to participate in collective bargaining for the purpose of negotiating the terms and conditions of their employment. In an effort to avoid an application of the Act and its concomitant collective bargaining requirement, Friendly Cab Company, Inc. ("Friendly") maintains that its taxicab drivers are independent contractors, rather than employees, and are therefore excluded from the protections of the Act. After conducting an unfair labor practice proceeding, the National Labor Relations Board ("NLRB" or "Board") concluded that Friendly's taxicab
The new schedule was based loosely on seniority, but could change daily based on workload. Taylor informed his supervisor that he was leaving for church service and was warned that he would be terminated; Taylor left and was terminated the next day. In spite of Arlington accommodating Taylor’s schedule request for two years, the court ruled that the schedule change in 1987 should have been treated like a new instance and “all that was in place was an ad hoc arrangement contemplating that the inevitable collision between Taylor's religious beliefs and the company's new work schedule would be dealt with when it arose. […] Once the new schedule was implemented, the company should have made a reasonable attempt to accommodate his sincere religious needs” (Plaintiff-appellant v. Arlington Transit Mix, Inc., 1991).With the implementation of a new schedule policy, we should review what accommodations our company is willing to make due to the increased chance that associates may encounter instances that they need time off in order to observe religious beliefs. In 1977, the Supreme
Under most circumstances, when an employee voluntarily quits their position they forfeit their right to sue the company for wrongful termination and in addition, they cannot receive any unemployment benefits. The only exception to this rule is when an employee files a claim against their employer stating “constructive discharge”. Constructive discharge can be a very serious claim and
4. It appears that the employer intentionally disposed of the parts. The disposal of these parts may prejudice the client's ability to recover in any product liability lawsuits against the corporations involved in the manufacture, distribution, inspection, or servicing of the conveyor. References: Putman, W. H., & Albright, J. R. (January 2013). Legal Research, Analysis, and Writing Third Edition.
|Company Name Here| Memo To: CEO, Toy’s Delight From: Nadya Dhanani, Division Manager Date: 9/13/2012 Re: Constructive Discharge Claim, by Former Employee, under Title V11 of the Civil Rights Act of 1964 As the Companies Division Manager, I have been notified by the company’s attorney that a Former employee has filed a claim against us under Title VII of the Civil Rights Act of 1964, for constructive discharge. Under Title VII, a constructive discharge occurs if an employee resigns because the employer implemented a change that made working conditions intolerable. The resignation may be found to be a “constructive discharge” if it compels a reasonable employee to resign, is similar to the employer illegally firing the employee. In some instances the employee must not only prove that working conditions were intolerable but they also must prove that employer created the condition for the intent of forcing that person to resign. Legally to consider constructive discharge in this scenario and to establish a case, it has to be shown as follows.
The Oral Contract Randall Lewis Breeden Jr. BUS 311: Business Law I Instructor Tess Reutzel September 03, 2012 The Oral Contract I would like to present my knowledge, from this class, of how contracts are legally enforceable between two parties. I will show that legal enforcement elements are within an oral contract as well. I would like to show how contract laws are used to help the injury party collect on damages. I will also discuss the impact contract law has on the case at hand.
Memorandum To: Wayne R Harris, CEO From: Store Manager Date: July 2, 2013 Subject: Complying with constructive discharge As a result of the new policy change, regarding shift work, Megalodon has received notice from our attorneys that a former employee is suing us for violating his rights under Civil Rights Act of 1964. In order to make sure Megalodon is complying with Title VII of the Civil Rights Act of 1964, a through investigation was performed on Megalodon’s hiring and performance policies. Details of that investigation are outlined below. Definition of Constructive Discharge Megalodon must understand the full ramifications of the lawsuit. Constructive discharge is being looked at by the plaintiff in this case as part
Scenario 1: Cost Club Memo Lynetta Stonewall HRM546 December 22, 2014 Denise Brown Scenario 1: Cost Club Memo MEMORANDUM TO: Pat Brown FROM: Lynetta Stonewall DATE: December 22, 2014 SUBJECT: HR Concerns – Dealing with the Problems This memo is to address the five email messages concerning various human resources related problems included in the emails. Each question will be answered and will include references to the legal principles or statutes as it related to the question. Message 1: Discharges at the Anderson Cost Club store In response to the general manager (GM) firing two employees without providing a reason and the possibility of a wrongful discharge lawsuit, the state of Georgia is an at-will state. Under
Our region encompasses several states, so don’t consider any state laws—just the relevant federal law relating to employment and discrimination. Please send me your recommendations about who to discharge in a memo, and provide any legal references that are relevant. In addition, explain how we should incorporate the relevant legal requirements into the process of termination and the dispute resolution process that we might need if employees raise an objection to the discharge. Finally, I’d like your thoughts on what process we should use to respond to any charge of discrimination from the employees who are discharged. We want to effectively deal with such charges, especially in a climate