...Legal Risk & Opportunity in Employment Joe Kroeger Business Law 531 January 10, 2011 Marlene Wilhite Legal Risk & Opportunity in Employment The following assessment will discuss legal risks and opportunities in employment law when discussing three different scenarios at WireTech. I will discuss what WireTech’s liability is and what legal principles are relevant to the situation. In Legal Encounter 1, Clark was discharged after three months without any indication of unsatisfactory performance. WireTech’s liability is that they discharged Clark verbally and not in writing. Upon Clark accepting employment it stated that the employee would be notified of unsatisfactory job performance and placed on a corrective probationary period. If the employee’s performance did not improve within the specified time period, discharge would happen. In this encounter, Clark voiced his opinion in a school board meeting that was apparently unpopular. Clark felt that this contributed to his termination. Although Clark signed that he understood that the company observed employment at will regarding termination, I believe that his opinion at the board meeting is the reason that he was terminated. To me, this was an intentional termination due to discrimination. He was discriminated against due to his position at the school board meeting. “In a case involving intentional discrimination, the aggrieved party can recover compensatory damages. A court can award punitive damages against an employer...
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...agency relationship, which NewCorp is the principal and the employees are the agents. NewCorp currently faces three encounters. In lieu of obtaining legal advice, NewCorp has requested Team C to make the following assessments regarding the legal risks and opportunities involved in these three legal encounters. The assessments will include the liabilities from NewCorp’s perspective as well as the employee’s perspective along with the regulatory and compliance requirements. The assessments will also reference some of the legal principles in this week’s reading materials that support our decisions. Legal Risk and Opportunity in Employment Encounter 1 NewCorp hired Pat as a manager of real property, which includes responsibilities for the activities related to maintaining leased office space in Vermont. Upon employment, he signed an understanding that the company observed employment “at will” in respect to discharge. He was also given an employee handbook that outlined the company’s process for dealing with unsatisfactory employees, which stated that an employee would be notified of unsatisfactory performance and placed on a corrective action plan. If the employee’s performance did not improve to a satisfactory level within the specified time frame, the employee could be terminated. After three months of employment with NewCorp, Pat’s boss explained to him things were not working out and that he would be discharged with 30 days of severance pay. Pat was never informed...
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...Legal Risk and Opportunity in Employment The following assessment will discuss legal risks and opportunities involves in three NewCorp legal encounters. The decision for each counter will be supported by legal principles from management of employee conduct and employment discrimination (Jennings, M. M, 2006). In Legal Encounter 1, In a principal and agent relationship, NewCorp exercises a great deal of control over Pat Grey. Pat is in high level of supervision and control. His scope of employment is about three months. NewCorp’s liabilities and risks: If Pat Grey’s contract is writing, the authority of discharge must be in writing. In this case, the discharge order gave by oral instead of writing. Pat informed upon his employment, he signed and understood that NewCorp observed employment at will. This provides the right for NewCorp to terminate Pat Frey’s employment even Pat is a contract employee. Pat Grey’s boss informed Pat about his term of leaving without any indication of his deficiency or clear business-related reasons for this dismissal. At same time Corrective Action Plan (CAP) was not in place. This action did not following NewCorp’s personnel Manual. This is potentially considered as a wrongful discharge suit. Pat Grey risks and opportunities: Pat understood the employment at will upon his employment. He believed his unpopular behavior in school broad meeting contributed to the NewCorp decision to discharge him . Since on formal business related notice...
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...Legal Risk and Opportunity in Employment Law 531 Charles Cook February 7, 2011 Legal Risk and Opportunity in Employment Legal Encounter 1 NewCorp violated a breach of contract with Pat in this case. While NewCorp is an “at-will” employer, they provided an employee handbook to Pat which outlined the procedure for disciplinary process involving the requirement of corrective action. NewCorp failed to follow their own process which supports the wrongful termination suit. Additionally, the case law which would be applicable to this case is Dillon v. Champion Jogbra, Inc. The case has many similarities which can support Pat's claim of wrongful discharge. For example, the implied contract relating to the action stated within the employee handbook to follow a procedure for discipline and/or corrective action prior to discharge. Because NewCorp did not imply that the employee handbook was not a contract at any point within the handbook. Therefore, Pat has grounds for action against NewCorp. Legal Encounter 2 NewCorp has two issues to face in this scenario. The first being the sexual harassment by Sam toward Paula. Sexual harassment is “defined by the Equal Employment Opportunity Commission (EEOC) as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or submission to or rejection of the conduct...
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...Legal Risk 1 Running head: LEGAL RISK AND OPPORTUNITY IN EMPLOYMENT Legal Risk and Opportunity in Employment Cindy Simmons University of Phoenix Legal Risk and Opportunity in Employment Legal Encounter 1: . The policies outlined by Newcorp were not followed gave Pat Grey the right to claim wrongful termination. Newcorp did not follow its own policy which states “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” (Risk in the Employment Relationship-Legal Encounter 1, 2008). Since Pat was not given any feedback indicating a problem, he may have been subject to wrongful termination. The probationary period had passed and would not be considered a factor. (Hiring and Firing Employees: Don't Force "At-Will" In Writing, 1994) The California Fair Employment and Fair Housing Act (FEHA) protects employees from specific types of termination. If as Pat mentioned his stance on the allocation of funding for public schools’ athletic programs was truly a factor, this would be a clear violation of the FEHA. Either way Pat can and should sue as he and his family was put through the hardship of being uprooted for what appeared to be a solid secure job opportunity. (Wrongful Termination Lawyers & Legal Information), 2000. Legal Encounter 2: ...
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...Legal Risk and Opportunity in Employment Yolanda Baker LAW/521 February 14, 2011 Kathryn Harris Abstract There are several encounters that can take place in the workplace that can hold a company legally liable. These include violations of Equal Opportunity in employment and OSHA regulations. This paper will discuss in detail certain violations to include wrongful terminations, at will employment laws, sexual harassment and unsafe working conditions. Legal Encounter 1 - Wrongful Discharge NewCorp has liability under the Employment at Will Doctrine. The Employment at Will Doctrine dictates that an employer has the right to fire an employee and an employee has the right to quit or terminate employment "at will". At will in this instance means without advanced notice or cause. However, there are several states with exceptions to this doctrine, Vermont, the state in which Pat was hired, is one of them. Vermont has an implied-contract exception. When employers hire employees without explicit contracts, some states such as Vermont, consider policy manuals, employee handbooks, and employee agreements as obligatory contracts of continued employment. Upon hire NewCorp was given a personnel manual that explained that there would be a process to notify and correct unsatisfactory performance. This would include an corrective action plan after notification and the acknowledgment that termination would follow if employee performance was not improved to satisfactory level...
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...AND LEGAL CONTEXT OF HRM Course No: 222 Prepared for Imrana Yasmin Assistant Professor Dept. of Marketing University of Dhaka Prepared by BRAINTRUST Section-B BBA 15th Batch Department of Marketing University of Dhaka Submission date: October 30, 2010 GROUP PROFILE |SL No |Name |Roll | |01 |Asif Mohammad Shakil | 28 | |02 |G. M. Riazuddin | 30 | |03 |Zinat Shahana |102 | |04 |Rifat Jahan |136 | |05 |Shayala Yesmin |160 | LETTER OF TRANSMITTAL October 30, 2010 IMRANA YASMIN Assistant Professor Dept. of Marketing University of Dhaka Subject: Letter regarding submission of Term Paper on HRM Dear Madam, It’s a great pleasure for us to have the opportunity to submit a report on ‘HUMAN RESOURE MANAGEMENT’ which had been a great experience for us to work with such a practical issue & to have the opportunity to...
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...Legal Risk and Opportunity Law/531 Legal Risk and Opportunity in Employment Business Law- LAW/531 Legal Risk and Opportunity in Employment Legal Encounter #1 In legal encounter 1, there are definite liability issues on WireTechs behalf. The first legal principle is the employee handbook presented to Clark at the beginning of his employment with WireTech. The employee handbook could represent a contract between the employer and the employee. Upon employment Clark did acknowledge that the company had an “at will” policy when terminating employees. WireTech presented Clark with an employee manual upon hiring him that states,“ If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a corrective actions plan” (Syllabus, 2010). Unfortunately, WireTech never put Clark on a corrective action plan nor did WireTech give Clark any indication that they were unsatisfied with his performance until they were prepared to let him go. According to Jennings, ”Many courts have implied the existence of a contract due to the presence of promises, procedures, and policies in an employee personnel manual. Personnel manuals have been held to constitute, both expressly and impliedly, employee contracts or to become part of the employee contract when they are given to employees at the outset”(Jennings, pg.727). One factor that determines an implied contract is the reliance on the employee manual (Jennings, 2006). With this information being...
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...LAW-531-Week-2-Assignment-Business-Regulation-Simulation-VERSION-2 LAW-531-Week-2-Assignment-Recognizing-and-Minimizing-Tort-and-Regulatory-Risk LAW-531-Week-2-DQs LAW-531-Week-3-Assignment-Recognizing-Contract-Risk-and-Opportunities LAW-531-Week-3-DQs LAW-531-Week-4-Assignment-Legal-Risk-and-Opportunity-in-Employment LAW-531-Week-4-DQs LAW-531-Week-5-DQs LAW-531-Week-5-Risk-Arising-in-Tangible-Property-and-Intellectual-Property LAW-531-Week-6-Assignment-Corporate-Compliance-Plan LAW-531-Week-6-DQs Activity mode aims to provide quality study notes and tutorials to the students of LAW 531 ENTIRE COURSE in order to ace their studies. LAW 531 ENTIRE COURSE To purchase this visit here: http://www.activitymode.com/product/law-531-entire-course/ Contact us at: SUPPORT@ACTIVITYMODE.COM LAW 531 ENTIRE COURSE LAW-531 Final Exam Three Sets LAW-531-Week-1-Assignment-ADR-Clause-for-Learning-Team-Charter LAW-531-Week-1-DQs LAW-531-Week-2-Assignment-Business-Regulation-Simulation-VERSION-1 LAW-531-Week-2-Assignment-Business-Regulation-Simulation-VERSION-2 LAW-531-Week-2-Assignment-Recognizing-and-Minimizing-Tort-and-Regulatory-Risk LAW-531-Week-2-DQs LAW-531-Week-3-Assignment-Recognizing-Contract-Risk-and-Opportunities LAW-531-Week-3-DQs LAW-531-Week-4-Assignment-Legal-Risk-and-Opportunity-in-Employment LAW-531-Week-4-DQs LAW-531-Week-5-DQs LAW-531-Week-5-Risk-Arising-in-Tangible-Property-and-Intellectual-Property LAW-531-Week-6-Assignment-Corporate-Compliance-Plan LAW-531-Week-6-DQs...
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...taxation, laws, regulations, risks, motivation, and a business plan. The business structure will affect profits, business liability, and taxes. A sole proprietorship, an LLC, or corporation, requires research and planning to determine which structure is right for a business. Equally important is development of a good business plan. The business plan will provide industry insight to important aspects of a business. Understanding local, state, and federal business laws and regulations will assist in identifying risks and provide information to protect or minimize the outcome of litigation or failure. Lou and Jose are planning to open a sports bar and restaurant but they lack the startup cash to do so. A wealthy investor named Miriam, has agreed to provide working capital to fund the startup and establishment of the business. In return for investing her money into the business, she wants a percentage of the company. The structure that is appropriate for the business is a member-managed LLC with Lou and Jose as the designated manager and Miriam as the non-manager. Lou and Jose will manage day-to-day business, whereas, Miriam has no control, unless otherwise provided in the operating agreement (Cheeseman, 2010). An LLC (limited Liability Company) is a tax chameleon, which can elect how it wants to be taxed. A limited liability company can often choose to use the S corporation tax accounting rules and benefits by minimizing payroll taxes (including self-employment taxes, Social Security...
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...Student Guide This week, you address the concepts of employment and regulatory risk as a means to distinguish between the employee-employer relationship and the associated legal considerations. As an example, you consider legal considerations such as discrimination in the workplace. You also study regulatory compliance issues for an organization, as well as the associated business consequences. The readings focus on workers’ compensation, occupational safety, and other worker protection laws, with a specific attention to the Family and Medical Leave Act. This week also covers the collective bargaining agreements and labor law, as well as several laws and decisions a company must make regarding these labor law issues. In addition, you examine equal opportunity in employment and Title VII, including what comprises this significant law. You review regulatory laws, environmental protection and global warning, as well as antitrust laws and unfair trade practices. The readings focus on introductory concepts and the laws that support these concepts. Employment and Regulatory Risk OBJECTIVE: Differentiate between types of employment relationships and the associated legal considerations. Resources: Ch. 31 & 32 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues Content • Ch. 31: Employment, Worker Protection, and Immigration Laws o Introduction to Employment, Worker Protection, and Immigration Laws o Worker’s...
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...NewCorp legal issues NewCorp does not have an in-house legal counsel and utilizes Team B staff members to serve as associate legal counsel. Primary responsibilities include advising and recommending courses of action to management covering a range of legal encounter scenarios. Team B members analyze each scenario and provide management with associated legal principles, potential liability concerns, and courses of action. During the past week the Team has received three scenarios and management wants a substantive collaborative effort within one week. Scenario One Pat has been working for three months when his boss discharged him with 30 days of severance pay, because of unsatisfied work performance. NewCorp Personnel Manual was provided to Pat upon his acceptance of employment. NewCorp personnel manual provides an outlined process for dealing with unsatisfactory job performance and provides a corrective action plan. Pat never was approached by his boss on any job performance issues (University of Phoenix, 2011). “Any divergent words or nonexistence of other legal clauses may demonstrate that the employer was obligated to have adequate cause prior to an employee's layoff or dismissal” (Employee Issues, 2009). The law has put limitations on employment at will as it is fallen into unpopularity because employees rely on the conjecture that they have an indispensable job safety provided to them through promises, measures, and policies that side with what is written in...
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...Business Entities Paper Arbra Jones Business Law BUS/415 Professor Dina C. Gledhill February 20, 2012 Business Entities This paper will evaluate three scenarios, restaurant and bar with wealthy third party investor, an extermination company with a wealthy owner and investor, and a construction company which is hiring for particular position. The business entity that represents the best choice for each business will be identified as well as the laws, regulations, taxation, and control each business must consider. The liability issues each business must protected from will also be discussed. The evaluation of the construction company will identify and discuss employment laws and regulations the company must abide by. Restaurant and Bar Scenario Based on information provided in the scenario, Lou and Jose want to open a sports bar and restaurant. Miriam, a wealthy investor, has agreed to invest in the venture because Lou and Jose do not have enough startup capital. In return for her investment Miriam will receive a percentage of the company’s profit as an owner. Business Entity, Control, Taxation, and Liability A partnership would be the best business entity for the sports bar because there are three owners that will participate in the business and receive a percentage of the business profits. Miriam will provide the investment capital and Lou and Jose will run the day-to-day operations. A partnership allows all parties to have control of the business and decisions...
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...Legal Risk and Opportunity in Employment Business Law- LAW/531 Legal Risk and Opportunity in Employment Legal Encounter #1 In legal encounter 1, there are definite liability issues on WireTechs behalf. The first legal principle is the employee handbook presented to Clark at the beginning of his employment with WireTech. The employee handbook could represent a contract between the employer and the employee. Upon employment Clark did acknowledge that the company had an “at will” policy when terminating employees. WireTech presented Clark with an employee manual upon hiring him that states,“ If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a corrective actions plan” (Syllabus, 2010). Unfortunately, WireTech never put Clark on a corrective action plan nor did WireTech give Clark any indication that they were unsatisfied with his performance until they were prepared to let him go. According to Jennings, ”Many courts have implied the existence of a contract due to the presence of promises, procedures, and policies in an employee personnel manual. Personnel manuals have been held to constitute, both expressly and impliedly, employee contracts or to become part of the employee contract when they are given to employees at the outset”(Jennings, pg.727). One factor that determines an implied contract is the reliance on the employee manual (Jennings, 2006). With this information being known Clark has the right...
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...Legal Risk and Opportunity in Employment Tester Pester LAW/531 November 7, 2010 Lame Duck Abstract This paper analyzes the legal principles and remedies behind the three scenarios described in the simulation. Legal Risk and Opportunity in Employment Legal Encounter One NewCorp hired Pat Grey as a property manager. NewCorp fired Pat after three months. Pat thinks it is not related to performance but other outside issues. NewCorp maintains that it is not working out with Pat, so he is let go. Legal Issues 1. Doctrine of promissory estoppels. 2. At-will Employment. Vermont is an “at will state.” According to the definition of “at will” on the Department Of Labor, Vermont, (n.d) website, An employer may terminate an employee for any reason as long as it is not one of the protect classes e.g.: race, color, national origin, religion, sex, age or mental, or physical disability. NewCorp has not terminated Pat for any of these reasons. Retaliation or discrimination against employees or applicants who have alleged employment discrimination is unlawful (Cheeseman, 2010). Pat has not made any employment discriminations complaints. Pat has also acknowledged signing a statement of employment at-will so he should be aware that he can be let go anytime for no reason. Pat can still establish a claim for wrongful termination under promissory estoppels. He will have to prove the termination breached a specific promise made by NewCorp (Cheeseman, 2010). According...
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