Legal Risks and Oppurtunity

In Scenario one, NewCorps liability is wrongful termination, more specifically a

Breach of Implied Contract. “If there was some kind of agreement made between you and your employer and understood by the parties, it is called an implied (or “implied-in-fact”) contract”

(Wrongful Termination, 2007) NewCorps employee handbook states that if any employee’s job performance is unsatisfactory the employee will be notified of the negative job performance and placed on a corrective action plan. If the performance does not improve to a satisfactory level in the time allotted, termination will follow. There are many situations that constitute a wrongful termination. One is a violation of the employers own discharge policy. In this case, NewCorp has done exactly that, they have violated their own discharge policy. Wrongful termination is subject to state laws and statues. When employers violate state laws, public policy or constitutional provisions, it can also be a case of wrongful termination. The federal government has not taken a stance on the matter. In the state of Texas the Human Rights Commission is responsible for filing claims for discrimination, which often leads to mediation. Employees are permitted to file private suits along with the Human Rights Commission suit. Under Texas state law, employees can be awarded “compensation for stress and suffering, lost wages, reinstatement of benefits, punitive damages, attorney’s fees and court fees”.(Wrongful Termination Laws, 2011) In this case with NewCorp and Pat, this is clearly a case of wrongful termination. They violated their own policies by not giving Pat the chance to rectify the problem, to enhance his performance. I believe the law sides with Pat. As it states the Breach of Implied Contract was in fact breached. Pat and his employer had a standing agreement. If an employee’s performance becomes subpar,

there is a process in place to change the situation, and termination will and should be a last resort....