Legal Risk and Opportunity in Employment
Legal Risks and Opportunity in Employment
W4
University of Phoenix
Executive Summary
Mr. Grey has been fired without warning from Newcorp, a property management company in Vermont. He feels Newcorp is in violation of a contractual agreement and illegal discrimination. The state of Vermont recognizes the implied-contract exception to the at-will doctrine. Newcorp may be facing legal ramifications for the violation of the case law implied-contract exception as well as the violation of illegal discrimination which is a statutory law. Newcorp has established a Notice of Unsatisfactory Performance/Correction Action Plan as an amendment to the at-will doctrine. This plan is outlined in the personnel manual signed by Mr. Gey upon acceptance of his position. Mr. Grey was terminated without notice or corrective action plan to allow him the opportunity to improve his performance. The responsibility falls on senior management to implement the plan and carry out the dismissal process as outlined. Mr. Grey should be awarded damages for the undue hardship placed on him and his family.
Legal Risks and Opportunities
Most employers throughout the United States reduce their legal risks by establishing an “at-will” relationship with their employees. The employment-at-will doctrine means that an employee without a written contract can be terminated for good cause, bad cause or no cause at all. It has been designed to enable employers and employees to establish a relationship with no obligation to each other. Exceptions to the doctrine now exist in order to protect employees from unjust discharge by employers.
LEGAL ENCOUNTER 1:
The recent termination of Newcorp employee, Pat Grey, may have legal ramifications. Pat began working with Newcorp approximately three months ago. He has relocated his family to a new state to accept the position. This move constituted the selling of his house, his spouse...