Newcorp Case Study

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New Corp LAW 531 August 27, 2012 Yolanda Nimmer-Williams- Instructor NewCorp Legal Encounter 1 Upon terminating Pat, NewCorp is faced with a case of wrongful termination. Even though, Pat was employed as an at-will employee, NewCorp issued him a personnel manual outlining how they would deal with unsatisfactory employees. NewCorp’s policy states that “If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a corrective action plan. If the employee’s performance does not improve to a satisfactory level in the specified time period, termination will follow” (Notice of Unsatisfactory Performance/Corrective Action Plan). Pat signed this document, thereby making…show more content…
A Vemont court also ruled that an employee could sue under a promissory estoppel theory in addition to his claim for breach of implied contract. Additionally, if Pat is able to prove that his stance at a school board meeting led to his discharge, he may be able to sue under the Public Policy statute. The onus is upon Pat to prove that the termination was based upon retaliation and malicious…show more content…
1). Four main regulatory compliance approaches arise when talking about confined spaces: the risk-based approach, the control-and-command approach, the oxygen deficiency approach, and countries that regulate it loosely or not at all (Enhesa, 2011). This particular scenario involves the risk-based approach and also the control-and-command approach, basically putting the responsibility on the employer and not the employee (Medical News Today, 2011). NewCorp should apologize to Paul and place him in a environmentally safe area as well as taking the control-and-command regulatory approach. This approach forces NewCorp to focus on the safety of the

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