Newcorp Scenarios Essay

1044 WordsSep 10, 20125 Pages
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 it an expressed contract. NewCorp failed to follow these guidelines when discharging Pat, thereby violating their own written policy. A Vermont court explained that “[t]he mere inclusion of boilerplate language providing that the employment relationship is at will cannot negate any implied contract and procedural protections created by an employee handbook.” (50 State Survey of Wrongful Termination, sentence 1208). 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 intent. Legal Encounter 2 Many employers upon hiring supervisors will implement in an agreement, concerns and actions taking, of which addresses relations with supervisors and their subordinates. In most cases the act could resort to a conflict of interest, harming the workflow of the company.

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