...Legal Risk & Opportunity in Employment Joe Kroeger Business Law 531 January 10, 2011 Marlene Wilhite Legal Risk & Opportunity in Employment The following assessment will discuss legal risks and opportunities in employment law when discussing three different scenarios at WireTech. I will discuss what WireTech’s liability is and what legal principles are relevant to the situation. In Legal Encounter 1, Clark was discharged after three months without any indication of unsatisfactory performance. WireTech’s liability is that they discharged Clark verbally and not in writing. Upon Clark accepting employment it stated that the employee would be notified of unsatisfactory job performance and placed on a corrective probationary period. If the employee’s performance did not improve within the specified time period, discharge would happen. In this encounter, Clark voiced his opinion in a school board meeting that was apparently unpopular. Clark felt that this contributed to his termination. Although Clark signed that he understood that the company observed employment at will regarding termination, I believe that his opinion at the board meeting is the reason that he was terminated. To me, this was an intentional termination due to discrimination. He was discriminated against due to his position at the school board meeting. “In a case involving intentional discrimination, the aggrieved party can recover compensatory damages. A court can award punitive damages against an employer...
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...Abstract An agency relationship exists by common consent and specifies duties and responsibilities on both sides. NewCorp and its employees have an agency relationship, which NewCorp is the principal and the employees are the agents. NewCorp currently faces three encounters. In lieu of obtaining legal advice, NewCorp has requested Team C to make the following assessments regarding the legal risks and opportunities involved in these three legal encounters. The assessments will include the liabilities from NewCorp’s perspective as well as the employee’s perspective along with the regulatory and compliance requirements. The assessments will also reference some of the legal principles in this week’s reading materials that support our decisions. Legal Risk and Opportunity in Employment Encounter 1 NewCorp hired Pat as a manager of real property, which includes responsibilities for the activities related to maintaining leased office space in Vermont. Upon employment, he signed an understanding that the company observed employment “at will” in respect to discharge. He was also given an employee handbook that outlined the company’s process for dealing with unsatisfactory employees, which stated that an employee would be notified of unsatisfactory performance and placed on a corrective action plan. If the employee’s performance did not improve to a satisfactory level within the specified time frame, the employee could be terminated. After three months of employment...
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...Legal Risk and Opportunity in Employment Law 531 Charles Cook February 7, 2011 Legal Risk and Opportunity in Employment Legal Encounter 1 NewCorp violated a breach of contract with Pat in this case. While NewCorp is an “at-will” employer, they provided an employee handbook to Pat which outlined the procedure for disciplinary process involving the requirement of corrective action. NewCorp failed to follow their own process which supports the wrongful termination suit. Additionally, the case law which would be applicable to this case is Dillon v. Champion Jogbra, Inc. The case has many similarities which can support Pat's claim of wrongful discharge. For example, the implied contract relating to the action stated within the employee handbook to follow a procedure for discipline and/or corrective action prior to discharge. Because NewCorp did not imply that the employee handbook was not a contract at any point within the handbook. Therefore, Pat has grounds for action against NewCorp. Legal Encounter 2 NewCorp has two issues to face in this scenario. The first being the sexual harassment by Sam toward Paula. Sexual harassment is “defined by the Equal Employment Opportunity Commission (EEOC) as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or submission to or rejection of the conduct...
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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 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 Risk and Opportunity in Employment Yolanda Baker LAW/521 February 14, 2011 Kathryn Harris Abstract There are several encounters that can take place in the workplace that can hold a company legally liable. These include violations of Equal Opportunity in employment and OSHA regulations. This paper will discuss in detail certain violations to include wrongful terminations, at will employment laws, sexual harassment and unsafe working conditions. Legal Encounter 1 - Wrongful Discharge NewCorp has liability under the Employment at Will Doctrine. The Employment at Will Doctrine dictates that an employer has the right to fire an employee and an employee has the right to quit or terminate employment "at will". At will in this instance means without advanced notice or cause. However, there are several states with exceptions to this doctrine, Vermont, the state in which Pat was hired, is one of them. Vermont has an implied-contract exception. When employers hire employees without explicit contracts, some states such as Vermont, consider policy manuals, employee handbooks, and employee agreements as obligatory contracts of continued employment. Upon hire NewCorp was given a personnel manual that explained that there would be a process to notify and correct unsatisfactory performance. This would include an corrective action plan after notification and the acknowledgment that termination would follow if employee performance was not improved to satisfactory level...
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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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...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 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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... How To Transform Legal Obstacles Into Strategic Opportunities: Leveraged Decision Making Catherine Barker Business Law II BA265 Professor James Wicks February 18,2013 Leveraged Decision Making 1 The purpose of legal literacy is to make the law work for you instead of against you. It is the combination of compliance and performance management that transforms the relationship between law and business into a business sweet spot. To reduce, transfer, or avoid legal risks a company can take steps during the decision-making process to identify and manage the risks. The five steps to leveraged decision-making lets you identify when and where legal risks occur in the value chain and how much leverage you want to achieve. The first step is to identify the strategic business objective. You must clearly identify what you are trying to accomplish. The business objective should be specific so that all departments in the value chain have a good understanding of the business benefit and end goal. In addition, you must ensure that you have effective compliance and ethic programs in place. The second step is to identify the relevant legal issues. This is where the experts in the value chain combine their acquired experiences and skills to identify any relevant legal issues and to weigh the pros and cons of the various options to arrive at the best plan of action. The value chain lets you develop a better understanding of the legal health of an organization...
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...countries. Microsoft©, Windows©, and Windows NT© are registered trademarks of Microsoft Corporation in the United States and/or other countries. All other company and product names are trademarks or registered trademarks of their respective companies. Use of these marks is not intended to imply endorsement, sponsorship, or affiliation. Edited in accordance with University of Phoenix© editorial standards and practices. Course Description This course prepares students to evaluate the legal risks associated with business activity. Students create proposals to manage an organization’s legal exposure. Other topics include the legal system, alternative dispute resolution, enterprise liability, product liability, international law, business risks, intellectual property, legal forms of business, and governance. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies:...
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...VALUE-LADEN AT TITUDES Legal astuteness begins with respect for the law. Legally astute management teams appreciate the importance of meeting society’s expectations of appropriate behavior and of treating stakeholders fairly. They accept responsibility for managing the legal dimen- sions of business and recognize that it is the job of the gen- eral manager, not the lawyer, to decide which allocation of Every legal dispute is a business problem requiring a resources and rewards makes the most business sense. At business solution. Legally astute managers take responsi- 3 6 the end of the day, as long as counsel has not advised that a bility for managing their disputes and do not hand them off particular course of action is illegal, it is up to the manage- to their lawyers with a “you-take-care-of-it” approach. ment team to determine whether a particular risk is worth taking or a particular opportunity is worth pursuing. CONTEXTUAL KNOWLEDGE OF THE LAW AND LEGAL TOOLS PROACTIVE APPROACH Legally astute managers have content-specific knowledge Legally astute managers include legal considerations at each of the law and the application of legal tools. Managers who stage of strategy development and implementation. They can harness the creative power of legal language are more bring counsel in early and do not wait until a deal has been adept at seeing and shaping the legal structure of their world. struck or a problem has arisen to seek legal advice. They They...
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...Recognizing Contract Risks and Opportunities Jennifer Breeden Law/531 Business Law March 6, 2011 Monica Cosentino-Benedict Recognizing Contract Risks and Opportunities MEMO To: Span Systems Management From: Jennifer Breeden Date: March 6, 2011 ------------------------------------------------- Subject: Recognizing Contract Risks and Opportunities The purpose of this memo will be to analyze the recent contract between Span Systems (Span) and Citizen – Schwarz AG Bank (C-S). This contract’s purpose was to have Span build a transaction processing-based software system for C-S and in return C-S would pay $6 million dollars (University of Phoenix, 2002). These two companies come up against many disagreements about the language and meanings of the contract. In the end, Span worked very hard to renegotiate the clauses of the contract to continue a positive working relationship with C-S. This memo reviews the legal risks, liabilities, and opportunities that occurred during this process to make future business with C-S and other companies to come more enjoyable for both sides. Risks and Liabilities A breach of contract is the first accusation C-S made of Span, which starts the list of risks and liabilities. C-S said that the deliverables were below the standards agreed upon and were not delivered on time. C-S claimed that Span was producing deliverables of substantial performance, meaning that they were below standards set up in the contract. Span could have...
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...Factors * Political and Legal * Economic * Cultural * Competition and Market Opportunity * SWOT Analysis * Business Objectives * Strategic Thrust * Tactics * Measurement of Results * Executive Summary * Introduce your product and region. * What specific market are you targeting and what revenues do you hope to achieve? * How will you achieve success? * What are the key country factors that impact (positively and negatively) success of your entry? * Why is this opportunity important for your company? * Country Factors: Political and Legal * Describe the political and legal system in your target country. * What are the major trends? * What is the local government’s attitude to foreign business? How is the government involved in business activity? * What are the risks and opportunities to your business given the political and legal climate? * Country Factors: Economic * Describe the economic system in your target country. * What are the major trends? * How is the local economy performing on the world scene and how might this affect you? * What are the risks and opportunities to your business given the economic climate? * Country Factors: Cultural * Describe the major cultural issues in your target country: * Language * Religion * Education * Social * What are the major trends? * What are the risks and opportunities to your business given the...
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...Contract Risk and Opportunities LAW/531 Jonathan Jamieson April 19, 2010 CERTIFICATE OF ORIGINALITY: I certify that the attached paper is my original work. I affirm that I have not submitted any portion of this paper to any previous course, and neither has anyone else. I confirm that I have cited all sources from which I used language, ideas, and information, whether quoted verbatim or paraphrased. Any assistance I received while producing this paper has been acknowledged in the References section. I have obtained written permission from the copyright holder for any trademarked material, logos, images from the Internet, or other sources. I further agree that my name typed on the line below is intended to have, and shall have, the same validity as my handwritten signature. Student's signature (name typed here is equivalent to a signature): Allison L. Sutton . Contract Risk and Opportunities A contract has been created between Span Systems, a custom e-banking software developer, and Citizen-Schwartz (C-S), a German bank attempting to enter the fiercely competitive U.S. banking market. The legal risks presented during the contract performance causes both companies to disagree on principle points leading to renegotiation efforts by Span Systems to salvage the contract (University of Phoenix, 2010). Differences in contract term interpretation and disputes over contract management can lead to a decrease in production, severance of business...
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