Assignment Week 4
Legal Risk and Opportunity in Employment
University Of Phoenix
Legal Encounter 1
Pat’s situation in newcorp is quite interesting since pat was terminated without any valid cause. Most employees do not have written contracts which specify the start and duration of their employment. Employee protection rights are based on several theories including implied contract and public policy. Personnel manuals are held to constitute employee contracts when they are given to an employee. In this case the personnel manual given to pat from newcorp mentions the condition in which an employee can be fired based on poor performance. Since newcorp has deviated from the manual in terminating pat, it can prove vital in court verdict favor of pat.
Peer review can be used by employers for wrongful termination and other grievance. This process should be in employee handbook ad be widely publicized.
Legal Counter 2
Sexual harassment is the violation title VII of the civil rights act. Company policies on the issue should attempt to make it clear that an environment of harassment is not appropriate for any employee.
In the case of Sam and Paula, Paula can file a suit against sam under the sexual harassment act. The law demands that inappropriate words and actions need to be avoided and serious actions are to be taken against the culprits. Since paula wanted to move to other department and since there was an availability, sams interference could cause another breach in terms of sexual discrimination. In such type of cases the companies should take immediate responsibility to ensure that the issue is solved quickly. Management need to begin an investigation by interviewing potential witnesses and evidence. They should never jump to conclusions but ask for hard evidence.
Legal Encounter 3
Every employee has the right to safety at work. Employer has to ensure that proper safety measures are observed at the...