Newcorp Legal Issues
Newcorp has recently had three incidents that require legal advice. This report discusses my decisions on the three incidents. I have listed the supporting cases and legal principals in this report. Be advised that I am not a lawyer specialized in any of the areas that Newcorp is seeking my decisions on.
Legal Encounter 1
Newcorp is unable to use employment at will to terminate Pat Grey. Pat Grey has invested personally in Newcorp by relocating his family for his job and his wife giving up her job. The Personnel Manual clearly states that Newcorp will notify an employee of unsatisfactory work and put them on a Corrective Action Plan that includes a specific date that the employee needs to have corrected the problem. Pat Grey was never informed that there was an issue therefore, was not given the chance to correct the problem. Newcorp could be found in breach of an explicit contract, the Personnel Manual. (EmployeeIssues.com, 2008). Furthermore, Pat Grey believes that Newcorp’s decision to discharge him was based on him being vocal at a local school board meeting. Therefore, there is a situation of Undisclosed Principal, where an agent acts without disclosing either the existence of a principal or the principal’s identity and the agent is directly liable to the third party. If Newcorp’s senior management is concerned over his public display of his personal views as a basis for his termination the judgment is erroneous. However, there might have been some apprehension over the agency relationship to third parties because principals have both contractual and tort liability for certain acts of their agents (Jennings, 2006). The contract liability of a principal is not only determined by either what he intended or by the limitations agreed to privately by the agent and the principal, but also the third parties have certain contract enforcement rights depending on the nature of the agent’s work and the authority given by the...