Legal Encounter Case Study
Legal Encounter #1
In scenario number one Pat was discharged for 30 days of severance pay without any written notice of unsatisfactory performance or a corrective action plan. This scenario shows that a contract can exist between Pat and New Corp based on their implied policies or procedures that are like the ones mentioned in the employee handbook that Pat received when hired. This reason gives Pat a reason to sue due to breach of contract. The handbook states that the employee will be notified or given a corrective action plan if the employee’s performance is unsatisfactory. If the employee does not improve by the mentioned date then termination can follow. The Supreme Court has stated with civil rights laws that an employee cannot be discharged from using their rights of free speech. For NewCorp it seems pretty simple that they need to mediate or offer a settlement to Pat because they violated his rights, and he has a strong case. By using ADR methods or settling out of court they would save money on court costs, legal counsel, bad public relations, and all that accompanies a lawsuit.
Legal Encounter #2 …show more content…
Sam is the boss and Paula is the employee, at one time they dated but Paula eventually ended the relationship. After the relationship ended then Paula tried to transfer departments, but Sam blocked the transfer and continued unwelcoming advancements towards Paula. Under the definition of sexual harassment this falls under the category. The Civil Rights Act of 1964 prohibits sexual harassment and this includes a work environment that is offensive, hostile, or intimidating. Ultimately this is what needs to determine if the employer is liable. To minimize their liability they need to have an anti-harassment policy, complaint policies, inform the employees of the anti-harassment policies, and other factors that the court will hold
In scenario number one Pat was discharged for 30 days of severance pay without any written notice of unsatisfactory performance or a corrective action plan. This scenario shows that a contract can exist between Pat and New Corp based on their implied policies or procedures that are like the ones mentioned in the employee handbook that Pat received when hired. This reason gives Pat a reason to sue due to breach of contract. The handbook states that the employee will be notified or given a corrective action plan if the employee’s performance is unsatisfactory. If the employee does not improve by the mentioned date then termination can follow. The Supreme Court has stated with civil rights laws that an employee cannot be discharged from using their rights of free speech. For NewCorp it seems pretty simple that they need to mediate or offer a settlement to Pat because they violated his rights, and he has a strong case. By using ADR methods or settling out of court they would save money on court costs, legal counsel, bad public relations, and all that accompanies a lawsuit.
Legal Encounter #2 …show more content…
Sam is the boss and Paula is the employee, at one time they dated but Paula eventually ended the relationship. After the relationship ended then Paula tried to transfer departments, but Sam blocked the transfer and continued unwelcoming advancements towards Paula. Under the definition of sexual harassment this falls under the category. The Civil Rights Act of 1964 prohibits sexual harassment and this includes a work environment that is offensive, hostile, or intimidating. Ultimately this is what needs to determine if the employer is liable. To minimize their liability they need to have an anti-harassment policy, complaint policies, inform the employees of the anti-harassment policies, and other factors that the court will hold