Legal Scenarios LAW531

Legal Scenario 1

In this scenario, Pat relocated to Vermont to become a property manager for NewCorp. After working for three months, he was advised that he would be let go with severance pay for 30 days. Pat was never notified of any problem, and the supervisor told him only "that things were not working out". When he was hired, Pat received NewCorp's personnel manual, which outlined the company's process for handling unsatisfactory employees. He also signed a document at that time which stated NewCorp "observed employment at will with respect to discharge". The manual stated that notification of deficiency, and a corrective action plan would be put in place for the employee whose job performance was unsatisfactory. This was so the employee would have a chance to improve his work performance to his employer's satisfaction. Then, only if the employee did not correct his deficiency within a specific time frame would his employment be terminated. Pat has the right, according to the manual, to notification of unsatisfactory work performance, as well as a corrective action plan to rectify same. NewCorp's decision to discharge Pat with no indication of unsatisfactory job performance, nor a corrective action plan in place can be considered wrongful discharge. “Wrongful termination happens when an employee is discharged from employment for illegal reasons or if company policy is violated when the employee is fired” (Doyle 1996, pg.1). Pat feels that his unpopular position on an issue at a local school board meeting may have contributed to his termination. To discharge an employee based on his political views, although not an act of discrimination, may be a claim for violation of the 1st Amendment to the U.S. Constitution.

Although NewCorp has the right, according to Pat's signed document, to observe employment at will with