Newcorp Legal Scenarios Analysis

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NewCorp Legal Scenarios Analysis LAW 531 January 3, 2013 NewCorp Legal Scenarios Analysis NewCorp is faced with three challenging legal scenarios requiring a thorough internal evaluation, prior to any course of legal action. The management at NewCorp has requested Team A to provide an assessment of each legal encounter and present substantive feedback, to avoid spending of company funds, in payment of attorney fees for legal advice. In the first encounter, NewCorp may be involved a case of possible wrongful termination, the second encounter may land NewCorp in a possible sexual harassment case, while the third encounter may portray the company as having presented unsafe working conditions. This paper will present a review of each NewCorp legal scenario, present liabilities of NewCorp and identify the legal principles and rights that support the feedback from the assessment. Legal Encounter 1 This encounter provides Pat with an opportunity to take legal action against NewCorp due to wrongful termination. Pat signed the employment contract provided by NewCorp stating 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” (University of Phoenix, n.d.). However, Pat was not notified or warned about his performance and provided with a chance to improve based on a corrective plan. Thus, terminating Pat constitutes breach of contract and wrongful dismissal. According to Cheeseman (2010, chap.33, p. 513), Title VII of the Civil Rights Act of 1964 prohibits discrimination in “decisions regarding dismissal”, thus Pat can sue NewCorp as he signed the employment contract legally binding both parties. NewCorp may therefore be liable for both breach of contract and wrongful dismissal, but it may use it rights to dismiss an employee at will. Vermont is named as one of

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