GBS 205- Mitchell J. Pratt
Example: A Judge #1
9/29/12
Elaine, who has been an employee for two months, has sued her employer, Jerry because he has fired her without any reasoning or rationalization. The job offer that Elaine received was a letter that she had been given, which mentioned that her annual salary would be $30,000 and she would receive great opportunities at the company. Although the company that hired Elaine was an at-will-employment business, Jerry decided to fire Elaine after two-months and hire a man in for her position, Kramer, who had less job experience and education then Elaine. Elaine has now sued Jerry for being terminated, she wishes to have her job back and have a steady income and an annual salary. Elaine’s lawsuit has a strong case for sexual discrimination and unlawful business ethics by her employer, ensuring that Elaine, who was given no reason for the termination and after the termination Jerry hired a man, who had less job experience and education, gets her job back. However, there are certain exceptions that favor Elaine for being mistreated and fired so abruptly. The exceptions that I believe will help Elaine in the Lawsuit against Jerry other then sexual discrimination, are as follows; Tort Exceptions, Implied-In-Fact Contracts. Statutory Exceptions, and the Public Policy Exception.
Certain issues need to be considered and discussed before beginning this lawsuit to ensure that there is a legitimate case. Some things to consider are; is there a valid contract with Elaine and Jerry that she must receive a reason or explanation for being terminated that is related to company policy? Does the job require any certain skills or education that Kramer may not be qualified for? Was Elaine on an annual contract with the company or was that just an item to bring people into joining the company? Was there any type of salary contract that had