Newcorp Scenarios Legal Brief Essay

1191 WordsJan 22, 20125 Pages
LEGAL ENCOUNTER 1: Pat accepted employment with a company in Vermont, a state, which does not support the “implied contract” exception. States that have the implied contract exception prevent employers from firing without cause eliminating the at-will clause when a written document establishes causes for firing. The state of Vermont is an “at-will” employment state, and their law reads as such: According to State of Vermont (2005), “…An employer may terminate an employee for any reason as long as it is not one of the protect classes e.g.: race, color, national origin, religion, sex, age or mental or physical disability. It is also unlawful to retaliate or discriminate against employees or applicants that have alleged employment discrimination.”(No Reason for Termination). Pat believes that his firing is in retaliation for his behavior at the School Board meeting. Vermont does subscribe to the prevention of firing as retaliation for actions complying with public policy. However, the School Board meeting during which Pat expressed unpopular opinion falls outside the public policy spectrum. Furthermore, the company’s personnel manual outlines procedures to deal with “unsatisfied employees.” Pat does not meet the requirement of unsatisfied employee either as there were no complaints about his performance. Pat signed an at-will employment with the employer, thus negating any provisions in the employee manual. If Pat had relocated based on the promise of the employer that he had a secured job for a period of time, he would have a case of breach of contract. This is not the case. Apparently he moved by his own will. Once he signed the at-will agreement, he agreed that both parties could break the relationship for good, bad and no cause at any time. Before investing in costly activities to start a new employment, the applicant must review

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