Legal Risks at Wrongful Discharge

Legal Risks at Wrongful Discharge

  • Submitted By: Kafischer08
  • Date Submitted: 03/02/2009 9:05 AM
  • Category: Business
  • Words: 695
  • Page: 3
  • Views: 1235

Legal Encounter 1: In this case it seems that wrongful discharge has occurred even though Pat was hired as at-will employment. At-will employment is a doctrine of American law that defines an employment relationship in which either party can break the relationship with no liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargain (i.e., a union). (Wikipedia, 2009) Wrongful dismissal, is an idiom and legal phrase, describing a situation in which an employee's contract of employment has been terminated by the employer in circumstances where the termination breaches one or more terms of the contract of employment, or a statute provision in employment law. Terms of such a contract may include obligations and rights outlined in an employee handbook. (Wikipedia, 2009) Because Newcorp stated in their employee handbook their policy on unsatisfactory performance and corrective action plan this becomes an implied contract on their behalf. 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 was not warned or given any knowledge that the company was unhappy with his work or that his performance was unsatisfactory. Pat remained under the assumption that if Newcorp thought his job performance was unsatisfactory he would be notified and placed on a corrective action plan, which gave him a specific time for improvement and if he didn’t show development within that time period, he would be terminated. “Many courts have implied the existence of a contract because of the presence of promises, procedures, and policies in an employee personnel manual. Personnel manuals have been...

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