Newcorp Leaal Brief Essay

1071 WordsMar 10, 20125 Pages
New Corp Scenarios Legal Brief Sally J. Ashcraft, Tempie Brooks, Lisa Cochran, Dawn Delmont, Cali Hadafow Law / 531 March 6, 2012 Professor Thomas Bowman NewCorp Scenarios Legal Brief Legal Encounter 1 When it was discovered that Pats performance was not up to NewCorps expectation he was discharged with 30 days of severance pay. It was Pats understanding that even though he signed a document acknowledging that NewCorp observed employment at will with respect to discharge that he was protected by the Notice of Unsatisfactory Performance/Corrective Action Plan in the employees handbook that states if an employee’s performance is unsatisfactory that he or she would be placed on a corrective action plan. When NewCorp became unsatisfied with Pats performance NewCorp was legally bound by the provisions of the Notice of Unsatisfactory Performance/Corrective Action in their employee handbook, even if Pat signed the at will employment acknowledgement NewCorp should have put Pat on corrective action following their own employee handbook policy. According to Vermont employment law, section L, Employee Handbooks, in any employment case it should be determined whether there is an employee handbook, policy manual or internal documents and these documents should be carefully reviewed in light of the case law. (Kohn, 2008) In Taylor v. National Life Insurance Co., 161 Vt. 457, 652 A.2d 466 (1993), the Supreme Court held that a personnel manual may be used as evidence that the contract of employment requires good cause for termination, despite the fact that the personnel manual was not bargained for by the employee. Taylor was based upon the inherent unfairness in the employer setting forth a policy in an employee handbook, and then refusing to follow it. Accordingly, an employee handbook, even if not bargained for by the employee, and even if the employee has not

More about Newcorp Leaal Brief Essay

Open Document