Legal Encounter 1:
Situation:
Newcorp hired Pat Grey as a manager in the Vermont facilities. Pat was relocated from another city, moving his family, selling and buying a home and his wife have to quit her job and find another in the new location. After three month Pat was terminated by his boss telling him that things were not working the way they expect.
Newcorp:
Has the right to terminate noncontracts employees at any time. The employee sign and understanding that the company observe employment at will with respect to employment and discharge. This document give the right to Newcorp to terminate employee at will.
Pat:
Has the right to sue Newcorp for breach of contract assuming that the employee personnel manual implies the existence of a contract and the 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 performance does not improve to a satisfactory level within the specified period of time, termination will follow) will limited Newcorp freedom to fire him at will.
Case 18.7 page 728 Part 4 Business and Its Employees . Dillon vs Champion Jogbra, Inc. – 819 A.2d 703 (Vt. 2002) does not apply to Newcorp and Pat Grey case because the personnel manual in Dillon vs Jogbra is explict that “the policies and procedures contained in the manual constitute guidelines only and they are not part of an employment contract” and “Jogbra reserves the right to terminate any employee at any time”.
Pat case it is aggravating by the document he signed that the company can terminate an employee at will