Legal Scenarios Paper-Newcorp

Team B NewCorp Legal Scenarios

Kimberly Collins, Rebecca Durham, MaRhonda Evans, Andrew Gerber, and Jenny Ryan

LAW 531

January 30, 2012

Carmina Perez-Fowler

NewCorp Legal Scenarios

NewCorp, as with any major enterprise from time to time, faces employee issues and seeks legal advice, however, to control unnecessary legal costs NewCorp has opted to do an assessment prior to putting an attorney on retainer. As of late, NewCorp management is particularly concerned about three legal encounters, which include claims of unlawful termination, sexual harassment, and an unsafe work environment. This paper will provide an assessment of each claim, including an evaluation of the rights and liabilities of NewCorp and the employees involved. In addition, this paper will provide NewCorp guidance on how to proceed and will discuss the legal principles behind each recommendation.

Unlawful Termination

Unlawful termination stems from the idea that people have the right to recoup monies from a company who wishes to invoke their right to fire someone without just cause. However, because NewCorp resides in a state with at-will employment, the company is not required to provide Pat with an excuse for why the company decided to let him go. It appears NewCorp did try to compensate Pat by offering a 30 day severance package. So neither Pat nor NewCorp has any liability issues in regard to this situation. Today anyone can sue someone for any reason, but that does not mean the plaintiff will win. Pat signed an acknowledgement form stating he understood that the company’s policy to fire at-will. Pat believes that does not apply to his situation. The signature Pat provided on his acknowledgment form essentially means that the company is protecting itself from such lawsuits. Because Pat did sign this acknowledgment form, he releases his rights to sue the company successfully because he is let go for no apparent reason. Pat believes the provision limits NewCorp’s freedom to...