Case Study: Newcorp's Scenarios

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Week three’s assignment in LAW531 involved the examination of three legal encounters posted within the course syllabus. The encounters cited for examination involved employment scenarios within a fictional corporation known as NewCorp and were followed by questions, from the course facilitator, concerning said scenarios. This paper serves as a review of NewCorp’s scenarios including an examination of the rights of both NewCorp and its employees as they work together to resolve these issues and continue operation. Legal Encounter 1 In this scenario, NewCorp hired Pat Grey as the manager of real property in a Vermont location. Pat’s new position would put him in charge of 51 employees and lower-level supervisors as he worked to maintain…show more content…
If the employee performance does not improve to a satisfactory level within the specified period of time, termination will follow. (Schumacher, 2008 p.13) Pat contends, in the scenario, that he did sign a statement of understanding regarding NewCorp’s at will employment policy. However, Pat believes that the aforementioned clause in the personnel manual should render his termination invalid. As well, Pat recently became vocal at a school board meeting on a very unpopular issue. He contends that, as a result, senior management at NewCorp became noticeably unfriendly and that this played an integral part in the decision to terminate his…show more content…
Many courts have implied the existence of a contract based on the ideas and presence of promises, policies, and procedures that are written into an employee personnel manual or other such document. These documents have been held as employee contracts based, in part, on the fact that the information contained within the document was presented to said employees at the beginning of their employment. According to the LAW531 text, a factor determining the contract status of a personnel manual or similar document’s terms is the employee reliance upon such terms (Jennings, 2006). It is my belief that this case clearly gives NewCorp reason to worry over the possible contract status of the personnel manual. If held as an implied contract, Pat would definitely possess grounds for a wrongful termination suit. Going forward, NewCorp must either remain bound by the personnel manual’s termination and disciplinary terms or remove such terms and operate as a true at will
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