Legal Risk and Opportunity In Employment Essay

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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 leased office space. The acceptance of this position required Pat’s wife to resign her position within her organization as Pat had to relocate his family to Vermont from 300 miles away. Unfortunately for Pat and his family, three months into the new position, word came that things weren’t working as planned and that Pat would be losing his job with 30 days severance pay. Pat was surprised by this move citing the lack of indication from NewCorp that a problem existed with the quality of his work. As well Pat cited the following clause in NewCorp’s Personnel Manual as reason for wrongful termination: Notice of Unsatisfactory Performance/Corrective Action Plan 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. (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

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