The Broken Employment Contract?

CASE 83 The Broken Employment Contract?

Q1: Did Wayne have an employment contract, either oral or written, with EcoCare? Why or why not?

Actually, Wayne did not have a formal employment contract. If he had a written contract, he should offer it to the human resource department. Even his supervisor Bell told that Wayne would have a job as long as his performance was satisfactory; it was not an oral contract. And the supervisory manual is only an aid to supervisors and not seemed to as an employment contract.

Q2: What problems, if any, do you see with EcoCare’s pre-employment process?

There was no any problem with EcoCare’s pre-employment process. But maybe Sara Bell did not make clear conversation with Wayne before she made a job offer, and Wayne maybe misunderstood the meaning what Bell said. Like Wayne knew that he would have a job as long as his performance was satisfactory, but the evaluation is made by supervisor not by himself.

Q3: Can an employee’s written human resource policies ever be construed as a contract between an employer and an employee?

No, the written human resource policies was made to let employees followed the rules and disciplines, it can not be construed as a contract. A formal contract between an employer and an employee should have clear statements listed and signatures of both two on it, and it must be recognized by the company.

Q4: Was Wayne terminated for just cause? Why or why not?

The third statements at the supervisory manual’s Section Five Termination was clearly listed, “Refusal to obey direct orders from the immediate supervisor (insubordination)”. Wayne continued to conflict with other employees and the supervisor wanted to resolve these problems but he could not give the satisfactory answers. And according to the policy, Wayne was reported to have been defensive and insubordinate. Therefore, it was justified to ask the resignation to Wayne.

Q5: How can companies protect themselves against a claim of wrongful...