Legal Risk And Opportunity In Employment

680 Words3 Pages
Legal Risk and Opportunity in Employment LAW 531—Business Law June **, 2009 Legal Risk and Opportunity in Employment Legal Encounter 1: The information provide for this legal issue (Newcorp termination of Pat Grey) is an implied contract problem. Implied contracts in most courts are upheld because of the presence of promises, produces, and policies in an employee personnel manual. The Notice of Unsatisfactory Performance/Corrective Action Plan is the most important document for both Pat Grey and Newcorp in this case. The supporting legal case is Dillon v. Champion Jogbra, Inc. To determine which party is right will be base on the supporting evidences. If Newcorp can produce the Corrective Action Plan, the company will have the supported evidence to terminate Ms. Grey base on unsatisfactory performance. In the employee manual signed by Ms. Grey at the start of employment, the company states “If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a Corrective Action Plan (CAP). If the employee performance does not improve to a satisfactory level within the specified period of time, termination will follow.” Ms. Grey will not have a case. If Newcorp cannot produce the Corrective Action Plan, Ms. Grey will have a case. 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
Open Document