Newcorp Legal Encounters Business Law

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Date Submitted: 09/06/2010 07:41 PM

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Newcorp Legal Encounters Assessment

Employment policies and procedures are regulated by government agencies and governed by legal principles to protect the rights of the organization and its employees. Organizations that retain, discipline and discharge employees in accordance with regulations and the laws can mitigate risks and maximize opportunities. Inevitably, organizations will experience legal encounters that allege violations and entail costly litigation and reputable damages. An organization can protect and defend itself against violations or lawsuits by applying an extensive knowledge of regulations and the law.

Newcorp experienced legal encounters that required careful evaluation before proceeding to expensive legal advice. The scenarios provide examples of how proactive approaches to legal encounters can minimize liabilities and take advantage of examining situations in terms of laws can be advantageous.

Legal Encounter 1

Newcorp observes at will employment which typically means the employment term is under the discretion of the employer (Jennings, 2006). The Personnel Manual states that if the job performance of an employee is unsatisfactory they will be notified and then proceed to be placed on a Corrective Action Plan (CAP). Pat Grey was not notified of poor performance or placed on a CAP but was terminated after three months of employment. Newcorp did have Pat sign an understanding of employment at will but unless organizations follow good practices to enable defense against termination claims, at-will employment status of employees will do no more than look good on paper (Gross, n.d.). Pat’s received a personnel manual, many courts have implied the existence of a contract because of the presence of promises, procedures, and policies in an employee personnel manual (Jennings, 2006). Pat and all New Corp employees rely on the manual, according to case law in Dillion v. Champion Jogbra, Inc. an employee that is granted at-will employment may...

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