The court will most likely upheld the employee manual for terminating employees for unsatisfactory performance. The employee manual will be an implied contract and Dillon v. Champion Jogbra, Inc. will support his claim. Dillon v. Champion Jogbra, Inc. the court rule in favor of Champion Jogbra, Inc. because the company put a clause in the employee manual stating: “They do not constitute part of an employment contract, nor are they intended to make any commitment to any employee concerning how individual employment action can, should, or will be
That corrective action limits Newcorp freedom to fire Pat at will. It is clear that NewCorp did not follow specific disciplinary and termination policies that are in place. Therefore, a wrongful discharge suit (Jennings 2006) can be filed against
In 2006, ORX began planning for one of the Well. The well proved to be unsuccessful, and MBW allegedly did not pay its share of expenses of $84,220.01 under the joint operating agreement. ORX filed suit for breach of contract against both MBW and Mr. Washauer personally. ISSUE The primary issue on appeal was whether ORX could sue the managing member directly or whether he was personally shielded by the LLC entity. Can the “alter ego” doctrine be applied to determine that piercing the veil of an LLC is justified to prevent the use of the LLC from defrauding creditors?
NEWCORP LEGAL SCENARIOS BUSINESS LAW Legal Encounter 1 In the given situation NewCorp is liable for having to follow the guidelines of what the handbook states on the given situation with Pat. Pat has the right to sue NewCorp given the fact that when he was hired on he signed the handbook which in it, it has a section that is Notice of Unsatisfactory Performance/Corrective Action Plan. In this section of the handbook it states that if any employee has a deficiency in their job they are to be put on a Corrective Action Plan and if the performance does not improve they can be terminated. Therefore in a court NewCorp can be found in breach of contract, since the employee handbook is a signed contract. As well as the fact that Pat feel that because of him voicing an opinion on the school board, which has nothing to do with NewCorp, this may
Black’s Law Dictionary (Mark A. Rothstien et al., Employment Law §9.7, at 539 (1994) defines constructive discharge as follow; “A termination of employment brought about by making the employee’s working conditions so intolerable that the employee feels compelled to leave.” (Garner, 1999) B. Under Title VII of the Civil Right Act of 1964 religious discrimination is strictly prohibited. An employer cannot discriminate against an employee due to their religious beliefs by giving them less hours, less pay, nor have their work be any different than other employees working the same position. Based on the EEOC facts about religious discrimination shown below the Toy Company would have fallen on hardship if we would not have changed the work schedule due to our increase in demand. In addition to undue hardship to Toy Company, the employee did not notify anyone from Toy Company that the implementation of the new schedules would adversely affect the
The company would also be found liable, as they had not taken steps to protect the safety of an employee. Compensation as well as a fine and notice to improve systems could be incurred. A failure to do so could lead to a prohibition notice
These problems, as stated in the case study, include: lack of purchasing, design, and testing processes, inspections that are after the fact with out in-process controls or feed back loops. It also leads to a lack of product tractability, quality maintenance records of the equipment so improvement or stabilization data is not available. Designs are made on hunches - there is no decisions based on facts and data. Statements like “even if it is a little off spec was tolerable, we need market share now” shows a poor quality attitude and the schedule is more important. The inspector had used only a sample of testing to find the eight rejected cases but had no way of tracking where they had gone shows a lack of in-process controls and a lack of product tractability.
Mark has several options as auditor for Surfer Dude, Inc. Substantial doubt will result in an unqualified audit opinion. An explanatory paragraph regarding the uncertainties is explained to reveal the auditors conclusion. "If the auditor concludes that the entity’s disclosures with respect to the entity’s ability to continue as a going concern are inadequate, a departure from generally accepted accounting principles exists." (Boynton & Johnsonp.907) Mark may also state an adverse opinion to reflect a departure from GAAP, or he could disengage himself from the audit.
With these aspects in mind, the authors offer recommendations that would limit the effects of biases including full divestiture of consulting and tax services, prohibit auditors from taking positions with the firms they audit, removing the threat of being fired, and educate auditors so they understand how and why biases effect their decisions. I found the study conducted by Cain et al. on the effects of disclosing conflict of interest very fascinating. I was surprised that disclosure of the advisors motive to mislead the estimators did not cause the estimators to substantially discount their advisor’s advice. I would think that disclosing the advisors motives would have a greater impact on the estimator’s decision.
James Hardie attempted to avoid paying compensation by delaying and exploiting legal loopholes to avoid liability (Shaw, Barry & Sansbury 2009, p263). According to Kantian Ethics, humans should never be used as a means to an end and instead they should be treated with respect due to their inherent worth (Shaw, Barry & Sansbury 2009, p75). James Hardie Industries’ decision to continuously use asbestos as raw material for its products has breached moral rights because they were already aware of the hazardous properties asbestos possess (Shaw, Barry & Sansbury 2009, p263). Instead of stopping the usage of asbestos when its potential hazards were discovered in 1939, they continued using asbestos for the next 20 years at the expense of the health of employees and consumers (Shaw, Barry & Sansbury 2009, p263). This shows a total disregard of human lives and welfare.