In regards to the counter-sue by Lawson, consideration needs to be placed towards the "at will" concept of employment with Greene. Employee handbook should be reviewed for further understanding of Greene's employment policy and expectations. Implied contract does not guarantee security and application of longevity, performance, and whether Lawson was terminated on good cause needs additional review. (McAdams, 2015) Notable considerations needs to be gathered as to employees involved in the downsizing and all documentation regarding Lawson's employment. The Pregnancy Discrimination Act (PDA) amended Title VII of the Civil Rights Act of 1964 and the Family And Medical Leave Act of 1993 will need to be addressed. The merit of the case will be based upon federal and state statutes, public policy, good faith and fair dealing, and implied contracts. (Jung, 2016)
It is important to show that no discrimination was involved in the termination of Jennifer
Lawson. In reference to her potential claim of being let go due to her needing time off for her pregnancy, refer to Carbonara v Bank of N.Y. Mellon Corp. 2014 NY Slip Op 51361(U)
[defendant was able to provide prima facie evidence that plaintiff was terminated during implementation of firm's downsizing unrelated to pregnancy of plaintiff] and Forrest v. Jewish
Guild for the Blind, 3 NY3d 313 [plaintiff cannot avoid summary judgment merely by pointing to an inference of causality based on a sequence in the timing of certain events]. (Carbonara,
2014)
As for wrongful termination due to attendance, additional information is required at to the state Department of Labor, Licensing and Regulation. This is necessary to show that Lawson
GREENE V. LAWSON
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was not terminated for any reason based on race, color, gender, national origin, religion, age, disability or marital status. (McAdams, 2015) Also assurance