Legal Encounters Analysis: Newcorp Company

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NewCorp Legal Encounters Analysis The purpose of this paper is to analyze three separate legal encounters at the fictitious NewCorp company. The responses to the potential legal issues raised by the three separate legal encounters facing NewCorp are responded to in this paper from the point of view of a manager within the company assigned to evaluate the matter and make recommendations for action. The responses also make the assumption that the management team reviewing the recommendations is fully versed in the details of the associated legal encounter. Legal Encounter 1: Pat Grey The key legal element in the termination of Mr. Grey’s employment is his manager’s lack of adherence to the NewCorp Personnel Manual. Upon his hiring,…show more content…
Marshall 445 U.S. 1 (1980) the court found that “circumstances may sometimes exist in which the employee justifiably believes that the express statutory arrangement does not sufficiently protect him from death or serious injury” (Jennings, M, 2006, pg. 748). The safety concern expressed by Paul may fall into the circumstances described by the court above. Additionally, since Paul has already contacted OSHA any negative action regarding his employment may be viewed as a violation of Paul’s rights. “If an inspection is the result of an employee complaint, the employer cannot take any retaliatory action against that employee (Jennings, M, 2006, pg. 747). As far as Paul’s Worker’s Compensation claim is concerned, these “issues have become more complex, and many of…show more content…
757). This manager recommends reassigning Paul to another position consistent with his ability that does not require confined space entry. Additionally, this manager recommends that should Paul’s Worker’s Compensation Claim be accepted and because “(t)he majority of states require employees to forfeit all other lawsuit rights in exchange for workers’ compensation benefits” (Jennings, M, 2006, pg. 759), Paul be required to do the

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