Employment Paper
Jabari J. Dew
Mgt 531 Business Law
12/14/2010
Robert Lewandowski

Employment Paper
Legal Encounter 1

Pat Grey may able to sue for wrongful termination. To avoid a wrongful termination lawsuit, NewCorp should seek a mutually satisfactory resolution of the current case with Pat using an alternative dispute resolution method like arbitration or mediation. To avoid such liabilities NewCorp should correct its performance review policies.

Several U.S. courts have implied that a contract can exist because promises, procedures, and policies are present in an employee personnel manual. Courts have held personnel manuals to form, in both an expressed and an implied sense, employee contracts or to become part of employee contracts when employers give them to employees at the start of employment. One of the factors that establish whether a personnel manual and its terms form a contract is the reliance of an employee on its procedures and terms. Pat therefore has the right to sue based on the breech of the implied employment contract inherent in the Notice of Unsatisfactory Performance Corrective Action Plan of Newcorp's Personnel Manual. (Jennings, 2006)

Starting in the late 1960s, the United States Supreme Court ruled that employees of the US government could not be terminated in retaliation for the exercise of free speech. The courts have now expanded these concepts of free speech, privacy, and related constitutional protections to private employees in certain instances, especially in states that have passed broad civil rights laws. For instance, in some states, a private employer cannot punish, fail to promote, or terminate an employee because the company disagrees with the employee's remarks on issues of public concern. A majority of states have enacted laws that bar employers from influencing which way their employees vote. There