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 the contract had a provision that outlined the process for dealing with unsatisfactory employees, which consisted of the notice of unsatisfactory performance, and a corrective action plan. NewCorp has an express contract with Pat; the company promise pat that he had the right to have a notice of unsatisfactory performance, and a chance for a corrective plan to improve his deficiencies to