...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 or CAP was not in place, He believed the discharged from NewCorp would not be performance-related...
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...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 with NewCorp, Pat’s boss explained to him things were not working...
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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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...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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...Legal Encounters Legal Encounters In week five Team C examined three scenarios in which a company, NewCorp may or may not have done something illegal. The scenarios were examined and the results written to be handed to management to make a decision on a course of action. The team was responsible for providing management of any potential breaches of law that may have occurred. Legal Encounter One Pat has the right to ask for the reason he is being let go. However, NewCorp does not have to divulge this information because they are an at will employment company. NewCorp, does no t have to tell why Pat is being let go, and it is in their best interest to protect that information. However, if NewCorp at any time told Pat the reason for the termination was related to performance they are liable to uphold the " Notice of Unsatisfactory Performance/Corrective Action Plan." By giving Pat a company document that stated: " 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 does not improve to a satisfactory level in the specified time period, termination will follow." NewCorp has entered into a contract to do just that. This is protected under the contract law, which states "A contract is a legally enforceable promise" (“Breach of Contract Law & Legal Definition,” 2012) in the event of a breach of contract a civil case can be brought...
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...NewCorp 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 ...
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...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 to NewCorp’s employment offer there was no promise of anything other than...
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...Run the “Business Regulation” Simulation. Develop a 1,400-1,800-word paper (including tables) in which you do the following: a. Identify the key facts, regulations, and legal issues in the simulation. b. Based on the simulation, identify several of Alumina’s values and stakeholders. What are the conflicts among the competing stakeholders, and how does this constitute an ethical dilemma? c. Analyze risks presented. Considering alternatives not contained in the simulation, recommend a solution for Alumina and evaluate it in the context of Alumina’s legal position. Justify your recommended solution. d. How well does your recommended solution address the ethical dilemma identified in item b? How well does it align with Alumina’s values? Learning Objectives See Week 3 objectives listed in the rEsource material or module. Required Reading Read the materials for Week 3 on your rEsourceSM course page. Read Ch. 7, 13, 14, 15, and 17 of Business: Its Legal, Ethical, and Global Environment. Assignments Run the “Contract Creation and Management” Simulation on your own before meeting with your Learning Team. Identify the elements of a contract and specify where (or if) they are present in the simulation. For purposes of helping you to analyze the assignment, divide the Learning Team into two sides, one representing the party needing the software and the other representing the party designing the software. Each party should identify...
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...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 to NewCorp’s employment offer there was no promise of anything other than...
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...NewCorp legal issues NewCorp does not have an in-house legal counsel and utilizes Team B staff members to serve as associate legal counsel. Primary responsibilities include advising and recommending courses of action to management covering a range of legal encounter scenarios. Team B members analyze each scenario and provide management with associated legal principles, potential liability concerns, and courses of action. During the past week the Team has received three scenarios and management wants a substantive collaborative effort within one week. Scenario One Pat has been working for three months when his boss discharged him with 30 days of severance pay, because of unsatisfied work performance. NewCorp Personnel Manual was provided to Pat upon his acceptance of employment. NewCorp personnel manual provides an outlined process for dealing with unsatisfactory job performance and provides a corrective action plan. Pat never was approached by his boss on any job performance issues (University of Phoenix, 2011). “Any divergent words or nonexistence of other legal clauses may demonstrate that the employer was obligated to have adequate cause prior to an employee's layoff or dismissal” (Employee Issues, 2009). The law has put limitations on employment at will as it is fallen into unpopularity because employees rely on the conjecture that they have an indispensable job safety provided to them through promises, measures, and policies that side with what is written in...
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...someone’s action will cause legal matters that will harm to the company. Legal Encounter 1: Pat vs. NewCorp The legal principals related to this encounter are, what does the policy hand book states, what is employment at will, and was Freedom of Speech violated. Pat would be the plaintiff because of wrongful discharge by NewCorp. NewCorp did not follow the employee policy hand book when terminating Pat as a manager. NewCorp will be the only defendant in this case because Pat’s manager is a representative of NewCorp. Terminating Pat without following the employee handbook was not the correct action that should have been taken. According to the employee policy handbook, Pat should have been written up and given a plan to correct his wrong actions as a manager. If Pat did not correct his wrong actions as a manager within a specific and reasonable amount of time, then NewCorp would have the rights to terminate Pat from his position as a manager. According to Moynihan, K, (2005)“Focuses on the ruling of the Vermont Supreme Court that a contract provision allowing an employer to terminate an at-will employee with or without cause does not insulate the employer from a claim based on the violation of public policy in LoPresti vs. Rutland Regional Health Services Inc. Allegation of primary care physician Leigh LoPresti that Rutland terminated his employment because he did not make referrals to the three specialists employed by the company; Reversal of a summary judgment decision dismissing...
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...Legal Encounter 1: Newcorp hired Pat Grey as manager of real property for Newcorp in Vermont, responsible for activities related to maintaining leased office space. In that role, Pat supervised 51 employees and lower-level supervisors, and dealt with tenants who leased commercial space. For the job, Pat relocated from another city 300 miles away, moving his spouse and children, selling and buying a home, and dealing with a spouse having to quit her job to seek employment in the new state. After Pat had been on the job for three months, his boss explained that things did not seem to be working out, and said that Pat would be discharged with 30 days severance pay. Pat was surprised because his employer gave no indication of any problem on the job. 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 (CAP). If the employee performance does not improve to a satisfactory level within the specified period of time, termination will follow. Pat acknowledged that upon employment, he signed an understanding that the company observed employment at will with respect to employment and discharge, but believed that the above provision limited Newcorp's freedom to fire him...
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...Legal Encounter 1: Newcorp hired Pat Grey as manager of real property for Newcorp in Vermont, responsible for activities related to maintaining leased office space. In that role, Pat supervised 51 employees and lower-level supervisors, and dealt with tenants who leased commercial space. For the job, Pat relocated from another city 300 miles away, moving his spouse and children, selling and buying a home, and dealing with a spouse having to quit her job to seek employment in the new state. After Pat had been on the job for three months, his boss explained that things did not seem to be working out, and said that Pat would be discharged with 30 days severance pay. Pat was surprised because his employer gave no indication of any problem on the job. 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 (CAP). If the employee performance does not improve to a satisfactory level within the specified period of time, termination will follow. Pat acknowledged that upon employment, he signed an understanding that the company observed employment at will with respect to employment and discharge, but believed that the above provision limited Newcorp's freedom to fire him...
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...|Week Three: Contracts | | |Details |Due |Points | |Learning Team |Review the assignment options described below. These options are found in the University of | |10 | |ERM Paper |Phoenix Material: ERM Paper located on the student website. | | | | | | | | | |Option 1: Write a paper of no more than 1,750 words in 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. | | | | | ...
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...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 are learning this week-- Write a 350- to 1,050-word team paper explaining the event and its relevance to the week’s studies-- Day 6 1 Individual . Resource: University of Phoenix Material: NewCorp Legal Scenarios on student website Read the NewCorp Legal Scenarios document that describes the three legal encounters involving NewCorp. Write a brief answer to the questions asked at the...
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