Business Law - Legal Encounters with Newcorp

Running Head: LEGAL ENCOUNTERS

NewCorp: Legal Risk and Opportunity in Employment

Ashley Eagleson

University of Phoenix

Law 531

Professor Martinez

May 13, 2010

Legal Encounter 1:

In this case, NewCorp failed to abide by their own company policies and procedures which vow to notify its employees of unsatisfactory performance and set in place a Corrective Action Plan (CAP) prior to termination. However, the fact that Pat signed an understanding agreement that grants the business rights to observe employment “at will” with regards to employment and discharge, allows for NewCorp's right to terminate him regardless of the fact that he might be a contract employee.

Under certain courts of law, the “implied” existence of a contract can be found within the policies and procedures manual and the presence of promises which exist in the manual may be considered as a formal contract between both the employer and the employee. Since these procedures were not fully implemented in Pat's case, nor was there any documentation of him having a history of unsatisfactory performance, he feels as if he was wrongfully discharged and might be able to file a case against the company.

Unfortunately, since Pat was aware of the fact that employees hired “at will” can be let go at any time for any particular reason, the decision lay on the employer to liberate an employee with little right for the employee to fight against their termination. NewCorp should attempt to find a solution to this issue that is mutually satisfactory using the alternative dispute resolution (ADR) method which may include either mediation or arbitration (Jennings, 2006). In an effort to reduce their chances of liability, NewCorp will also need to make sure they adhere to the policies they have set in place.

Legal Encounter 2:

The term sexual harassment is a form of sex discrimination (quid pro quo) and is the main liability in this case according to the Equal Employment Opportunity Commission...