Newcorp Scenarios Legal Brief

NewCorp Scenarios Legal Brief

NewCorp Scenarios Legal Brief

Kathy Lawrence

LAW531

September 12 Monday, 2011

Marlene Wilhite Esq.

NewCorp – Legal Encounter 1

What liabilities and rights do NewCorp and Pat have in this situation? What legal principles, such as statutory or case law, support those liabilities and rights?

NewCorp has the right to terminate an employee for any reason due to Vermont’s “at will” status; however if there is a reason to believe the employee is being terminated due to discrimination or retaliation; “at will” does not apply. This is an unfortunate situation due to the fact that NewCorp’s employment agreement states that the employee will be notified and placed on a corrective action for a specified time; which Pat was not given any notice regarding disapproval of his work. Vermont is considered an “at will” state ("Can My Employer Do That?", 2011)., and although there does not have to be a reason to terminate; NewCorp’s employee manual includes an implied contract; which Vermont does follow. Pat has the right to sue, as well as file for unemployment wages if there is enough proof that he was terminated because of a statement made at a previous school meeting. The termination shortly followed the meeting, therefore there seems to be some form of retaliation by NewCorp towards Pat which prompted the termination without reason or cause. According to "Can My Employer Do That?" (2011),”It is also unlawful to retaliate or discriminate against employees or applicants that have alleged employment discrimination. If you feel you have been discharged due to discrimination please contact the Attorney General's office at www.atg.state.vt.us” (No Reason for Termination). It is my suggestion that Pat’s termination should be reversed; allowing him to continue working at NewCorp, or face huge legal battles; which seems to be in Pat’s favor. Maybe Pat should be educated on the company’s policies to assure in the future he does not...