...Scenarios Legal Brief Three legal encounters that NewCorp is contending with are unsatisfactory performance and corrective action plan, sexual harassment and discrimination, and Occupational Safety and Health Administration (OSHA) compliance Legal Encounter 1 NewCorp hired Pat in Vermont causing Vermont state law to apply to this legal encounter. NewCorp had Pat sign a document stating that NewCorp must issue a corrective action plan but failed to uphold this contract by eliminating him from position with 30 days of severance pay. Pat feels he was wrongfully discharged because his supervisor had a different view on a school panel board but Pat claims needs to be supported by the termination papers that were filed in the human resources department. Vermont is an at-will state which means that an employee can be terminated for any reason, at any time. However, the document that Pat signed is an enforceable contract that the state will deem enforceable for Pat’s benefit (Kohn, 2008). Pat will be given his managerial position with NewCorp and will be placed on corrective action as outlined in the document both NewCorp and Pat signed. To help protect NewCorp from further issues, managers and supervisors should turn in written documentations of coaching’s conversations and corrective action that is signed by the employee to show that NewCorp have done everything in their power to protect their employees before termination is a necessary option. Legal Encounter 2 NewCorp...
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...Objectives 4.1 Differentiate between types of employment relationships and associated the legal considerations. 4.2 Differentiate between types of discriminatory issues and the associated legal considerations. 4.3 Determine methods for managing legal risk arising from regulatory compliance issues. Readings Read Ch. 31 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International. Readings Read Ch. 32 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International. Readings Read Ch. 33 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International. Readings Read Ch. 43 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International. Readings Read Ch. 44 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International. Readings Read Ch. 45 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International. Readings Read Ch. 46 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International. Readings Read this week’s Electronic Reserve Readings. Participation Participate in class discussion. 2 Discussion Questions Respond to weekly discussion questions. DQ 1 due Day 3 and DQ 2 Due Day 5 2 Nongraded Activities and Preparation Podcast Listen to the Week Four podcast. Learning Team Reflection Check out the local and national news sources and find a current event that reflects what we...
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...Sandra Allen NewCorp Legal Scenarios 4/2/2012 Trina Eaddy Many legal issues can occur when hiring a new employee and not giving them all the information that is required by law. All information needs to be in clear detail and must be understood by the new employee. When a manager presents the information clearly, he or she is helping to prevent legal issues in the future. In this paper I will be talking about three different legal encounters. In each scenario I will be talking about what legal issues could happen in each one. Legal Encounter 1 There are some liabilities and rights that both NewCorp and Pat have in this scenario. If Pat decides takes action against NewCorp for terminating him, he cannot use employee at-will. At-will employment means that companies and employees can break employment without liability under the American law. Pat looked at his personnel manual that deals with unsatisfactory employees. In this manual it states that that no employee can be terminated until they are notified of the deficiency and then placed on an action plan. However, since NewCorp personnel manual states this information NewCorp could be looking at a law suit from Pat for termination. Legal Encounter 2 This scenario is shows sexual harassment is happening at NewCorp. This scenario is in violation of Title VI of the Civil Rights Act of 1964. When people work together he or she should not get involved with anyone he or she works with. Supervisors should not get involved...
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...Legal Risk and Opportunity Law/531 Legal Risk and Opportunity in Employment Business Law- LAW/531 Legal Risk and Opportunity in Employment Legal Encounter #1 In legal encounter 1, there are definite liability issues on WireTechs behalf. The first legal principle is the employee handbook presented to Clark at the beginning of his employment with WireTech. The employee handbook could represent a contract between the employer and the employee. Upon employment Clark did acknowledge that the company had an “at will” policy when terminating employees. WireTech presented Clark with an employee manual upon hiring him that states,“ If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a corrective actions plan” (Syllabus, 2010). Unfortunately, WireTech never put Clark on a corrective action plan nor did WireTech give Clark any indication that they were unsatisfied with his performance until they were prepared to let him go. According to Jennings, ”Many courts have implied the existence of a contract due to the presence of promises, procedures, and policies in an employee personnel manual. Personnel manuals have been held to constitute, both expressly and impliedly, employee contracts or to become part of the employee contract when they are given to employees at the outset”(Jennings, pg.727). One factor that determines an implied contract is the reliance on the employee manual (Jennings, 2006). With this information being...
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...Legal Risk and Opportunity in Employment Business Law- LAW/531 Legal Risk and Opportunity in Employment Legal Encounter #1 In legal encounter 1, there are definite liability issues on WireTechs behalf. The first legal principle is the employee handbook presented to Clark at the beginning of his employment with WireTech. The employee handbook could represent a contract between the employer and the employee. Upon employment Clark did acknowledge that the company had an “at will” policy when terminating employees. WireTech presented Clark with an employee manual upon hiring him that states,“ If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a corrective actions plan” (Syllabus, 2010). Unfortunately, WireTech never put Clark on a corrective action plan nor did WireTech give Clark any indication that they were unsatisfied with his performance until they were prepared to let him go. According to Jennings, ”Many courts have implied the existence of a contract due to the presence of promises, procedures, and policies in an employee personnel manual. Personnel manuals have been held to constitute, both expressly and impliedly, employee contracts or to become part of the employee contract when they are given to employees at the outset”(Jennings, pg.727). One factor that determines an implied contract is the reliance on the employee manual (Jennings, 2006). With this information being known Clark has the right...
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...Legal Risk 1 Running head: LEGAL RISK AND OPPORTUNITY IN EMPLOYMENT Legal Risk and Opportunity in Employment Cindy Simmons University of Phoenix Legal Risk and Opportunity in Employment Legal Encounter 1: . The policies outlined by Newcorp were not followed gave Pat Grey the right to claim wrongful termination. Newcorp did not follow its own policy which states “If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a Corrective Action Plan (CAP). If the employee performance does not improve to a satisfactory level within the specified period of time, termination will follow” (Risk in the Employment Relationship-Legal Encounter 1, 2008). Since Pat was not given any feedback indicating a problem, he may have been subject to wrongful termination. The probationary period had passed and would not be considered a factor. (Hiring and Firing Employees: Don't Force "At-Will" In Writing, 1994) The California Fair Employment and Fair Housing Act (FEHA) protects employees from specific types of termination. If as Pat mentioned his stance on the allocation of funding for public schools’ athletic programs was truly a factor, this would be a clear violation of the FEHA. Either way Pat can and should sue as he and his family was put through the hardship of being uprooted for what appeared to be a solid secure job opportunity. (Wrongful Termination Lawyers & Legal Information), 2000. Legal Encounter 2: ...
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...Legal Encounters LaTausha Freeman Law/531 December 10, 2012 Lillian Watson Legal Encounters This paper will answer questions posed during employment legal encounters based on law requirements to indicate liability and ramifications associated based on the scenario. Legal Encounter 1 Cheeseman outlines that employment is subject to the common law of contracts (2010). Pat entered into an agreement with NewCorp for employment; acting on the premise that NewCorp would uphold all terms of the employment agreement, made major personal and financial changes to be available for employment at the assigned duty location. Although Pat signed a document acknowledging his understanding that NewCorp had the freedom to discharge at will—Pats supervisor told Pat he was being discharged because “things weren’t working out”. NewCorp did not follow company procedure to notify Pat of unsatisfactory performance and neglected to offer a Corrective Action Plan. NewCorp, having a signed copy of the discharge at will document, could argue that the company was not required to offer Pat notification or the opportunity to follow the Corrective Action Plan process. An important factor in this instance is the implication that Pat is being released based on unsatisfactory performance. NewCorp is terminating the employment contract without complying with all clauses of the employment contract and as a result Pat is taking a financial loss. Additionally, an employer under the Plant...
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...NewCorp Legal Scenarios Employment laws and regulation are created to protect the rights of employers and employees. The relation between employer and employee creates a variety risks that affects both parties. Businesses have to analyze the consequences of dismissing an employee, and take the appropriate measures to prevent legal issues; however, some agents are not aware of employment regulations and make decisions that violate the rights of employees, which create big risks for the organization. This context consists of legal encounters involve NewCorp; as an employee of the company, one is require to provide an assessment to latter refer matters to an attorney to save money on legal advice, and have a brief answer to the questions asked in each encounter. Legal Encounter 1 What liabilities and rights do NewCorp and Pat have in this situation? NewCorp have the rights to dismiss an employee at will; however, the company can be liable of wrongful discharge. Pat has the right to know the indication of the problem and to a corrective plan to improve his deficiencies before he is dismiss. What legal principles, such as statutory or case law, support those liabilities and rights? Employment at will is a doctrine supported by statutory law, and wrongful discharge is supported by case law. NewCorp hire Pat as a manager, Pat signed an agreement that show his understanding that NewCorp observed employment at will and it can discharge anyone without a motive; however, part of...
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...University of Phoenix Material NewCorp Legal Scenarios The following legal encounters involve NewCorp, your employer. You are required to provide a brief answer to questions asked at the end of each encounter. Your supervisor expects a substantive answer, not a recommendation to refer matters to an attorney. Your supervisor does not want to spend money on legal advice until after you provide an assessment. Legal Encounter 1 NewCorp hired Pat as manager of real property in Vermont. This position is responsible for activities related to maintaining leased office space. Pat supervised 51 employees and lower-level supervisors, and he dealt with tenants who leased commercial space. Pat relocated from another city 300 miles away, moved his family, and sold and bought a home. His wife quit her job to seek employment in Vermont. After Pat worked for three months with NewCorp, his supervisor explained that things were not working out and that Pat would be discharged with 30 days of severance pay. Pat was surprised because his employer gave no previous indication of any problem. NewCorp’s personnel manual, which had been provided to Pat upon his acceptance of employment, outlined the process for dealing with unsatisfactory employees: Notice of Unsatisfactory Performance/Corrective Action Plan If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a corrective action plan. If the employee’s performance...
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...Running head: LEGAL ENCOUNTERS WEEK FOUR Legal Encounters Week Four Henry L. Franklin, Jr. University Of Phoenix Business Law 531 Dr. Gross January 13, 2009 Legal Encounter 1, in the case of Pat Grey. Pat Grey is a manager of real property for Newcorp in Vermont. Pat is responsible focus is leasing commercial properties; he also managed 51 employees and addition to lower level supervisors. When he accepted the position he relocated his family to Vermont during this transitional period his wife has had a hard time coping with the move as well finding a job. Within three months on the job Pat’s Manager expressed concerns about his performance and stated he would be terminated with 1 month of severance pay. From Newcorp’s best interest it would not be a go idea to terminate Pat. Although Newcorp’s is an employment at will company and employees are requires to sign the acknowledgement form during hiring, which is located in manual. Also this form states that all employees to be placed on CAP if any disciplinary actions should arise. At this point Pat has not placed on any corrective plan. Pat’s manager is in violation of Newcorp’s manual/CAP for saying he will be terminated within 30day with a month severance pay. The first step is to place Pat Grey on a CAP for a specified time and during that time his performance must be dean unsatisfactory before he can be terminated. At this time Pat could have a potential lawsuit stating improper discharge...
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...Legal Risk and Opportunity in Employment The following assessment will discuss legal risks and opportunities involves in three NewCorp legal encounters. The decision for each counter will be supported by legal principles from management of employee conduct and employment discrimination (Jennings, M. M, 2006). In Legal Encounter 1, In a principal and agent relationship, NewCorp exercises a great deal of control over Pat Grey. Pat is in high level of supervision and control. His scope of employment is about three months. NewCorp’s liabilities and risks: If Pat Grey’s contract is writing, the authority of discharge must be in writing. In this case, the discharge order gave by oral instead of writing. Pat informed upon his employment, he signed and understood that NewCorp observed employment at will. This provides the right for NewCorp to terminate Pat Frey’s employment even Pat is a contract employee. Pat Grey’s boss informed Pat about his term of leaving without any indication of his deficiency or clear business-related reasons for this dismissal. At same time Corrective Action Plan (CAP) was not in place. This action did not following NewCorp’s personnel Manual. This is potentially considered as a wrongful discharge suit. Pat Grey risks and opportunities: Pat understood the employment at will upon his employment. He believed his unpopular behavior in school broad meeting contributed to the NewCorp decision to discharge him . Since on formal business related notice...
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...which you identify potential tort | | | | |risks that arose in the Business Regulation simulation. Identify a tort violation from the | | | | |simulation. Then use the 7-step process as defined in the Harb article to apply the risk | | | | |management process to mitigate the business risk associated with that violation. | | | | | | | | | |Option 2: Write a paper of no more than 1,750 words in which you identify potential tort | | | | |risks that arose in the Product Liability video. Identify a tort violation from the video. |...
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...Legal Risk and Opportunity in Employment Tester Pester LAW/531 November 7, 2010 Lame Duck Abstract This paper analyzes the legal principles and remedies behind the three scenarios described in the simulation. Legal Risk and Opportunity in Employment Legal Encounter One NewCorp hired Pat Grey as a property manager. NewCorp fired Pat after three months. Pat thinks it is not related to performance but other outside issues. NewCorp maintains that it is not working out with Pat, so he is let go. Legal Issues 1. Doctrine of promissory estoppels. 2. At-will Employment. Vermont is an “at will state.” According to the definition of “at will” on the Department Of Labor, Vermont, (n.d) website, An employer may terminate an employee for any reason as long as it is not one of the protect classes e.g.: race, color, national origin, religion, sex, age or mental, or physical disability. NewCorp has not terminated Pat for any of these reasons. Retaliation or discrimination against employees or applicants who have alleged employment discrimination is unlawful (Cheeseman, 2010). Pat has not made any employment discriminations complaints. Pat has also acknowledged signing a statement of employment at-will so he should be aware that he can be let go anytime for no reason. Pat can still establish a claim for wrongful termination under promissory estoppels. He will have to prove the termination breached a specific promise made by NewCorp (Cheeseman, 2010). According...
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...Legal Risk and Opportunity in Employment Tester Pester LAW/531 November 7, 2010 Lame Duck Abstract This paper analyzes the legal principles and remedies behind the three scenarios described in the simulation. Legal Risk and Opportunity in Employment Legal Encounter One NewCorp hired Pat Grey as a property manager. NewCorp fired Pat after three months. Pat thinks it is not related to performance but other outside issues. NewCorp maintains that it is not working out with Pat, so he is let go. Legal Issues 1. Doctrine of promissory estoppels. 2. At-will Employment. Vermont is an “at will state.” According to the definition of “at will” on the Department Of Labor, Vermont, (n.d) website, An employer may terminate an employee for any reason as long as it is not one of the protect classes e.g.: race, color, national origin, religion, sex, age or mental, or physical disability. NewCorp has not terminated Pat for any of these reasons. Retaliation or discrimination against employees or applicants who have alleged employment discrimination is unlawful (Cheeseman, 2010). Pat has not made any employment discriminations complaints. Pat has also acknowledged signing a statement of employment at-will so he should be aware that he can be let go anytime for no reason. Pat can still establish a claim for wrongful termination under promissory estoppels. He will have to prove the termination breached a specific promise made by NewCorp (Cheeseman, 2010). According...
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...The Three Encounters 1 The Three Encounters of NewCorp Pamela A. McCullough University of Phoenix The Three Encounters 2 The Three Encounters of NewCorp FastServe Inc. is a 25 million dollar branded sports Apparel Company with an employee roster of 350 people working in the company in direct marketing. The company has two online marketing and distribution channels which they opened up for boys and girls. They now moved 10 percent of the workforce to manage the online distribution. In the simulation it states that technology began to pose problems for FastServe Inc. soon after the website went live. FasteServe inc. wanted their target audience to be Generation Y and although the 3-D ‘drape-n- see” mannequins on the site attracted that market it was hard for them to download from the site causing people not to buy any items from the site. This then became a problem which made it hard for technological investors to be feasible. Since this form of selling the merchandise was not working FastServe Inc. decided to move out of online distribution. The fallout of this decision was expected and the online division had to be downsized. Now the only thing to do is to keep employees based on their job performance and skill levels and give them a new job definition. All other employees will have to be released. The senior Management in the Human Resources department has to consider the legal implications of the decisions of the company....
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