Preview

Case Sample A

Good Essays
Open Document
Open Document
928 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Case Sample A
Employment-At-Will Case

Case Example A: Elaine has sued Jerry because Jerry fired her. Elaine was on the job for two months.The job offer letter that Jerry had sent her mentioned the great career opportunities at the company and stated that her annual salary would be $30,000. The company is an employment‐at‐will employer. Elaine was given no reason for the termination. After the termination, Jerry hired a man named Kramer, who had less job experience and education than Elaine, for the position. Elaine has sued to get her job back. There are legal issues in case example A. These issues will need to be brought up and answered before any decision can be made over this case. A letter was sent to Elaine. Could this be considered a contract? If not, was there a contract involved? If there was a contract involved, is it an executory contract or is it not valid at all? This is an employment-at-will employer, does the employer really need to give a reason for the termination? Ethics in business play a big role in today’s society. Could ethics have been violated by the employer? Is this discrimination against Elaine? Did the employer lower Elaine in to this business with lies to gain something from her? Is this an intentional misrepresentation or fraud? Did Elaine have a certain skill that the employer needed and after the employer got what he needed he fired her? These are short legal questions that will need to be further studied. Elaine’s argument contains legal rules to support her claim. There is printed evidence that can definitely help out Elaine. The job offer letter states that there are great CAREER opportunities at the company. A career is defined as more than a simple job. It is a major part of a person’s life. A job usually last a couple of months. A career is thought of lasting for more than a couple of years. The fact that the term “career” was used in the letter, it is assumed that this is going to be something more than just a “job” Another



Cited: Cheeseman, H. R. The legal environment of business and online commerce. (Custom ed.).

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Kuehn V. Pub Zone Summary

    • 885 Words
    • 4 Pages

    An employer is a special kind of landowner and is in a special relationship with his employees, in that they are present on his facilities every weekday. Burton Woods III was a mail clerk who worked for Monsanto Corporation. His job duties required him to circulate among the female employees in order to deliver mail to the various departments. Ms. Gaines worked as a secretary at Monsanto. The plaintiff alleges that Mr. Woods had made advances upon many of the female employees in the firm, including Ms. Gaines. Mr. Woods had previously been convicted of rape of robbery. Mr. Woods had access to employee files including the employees’ home addresses. Mr. Woods used this access to obtain Ms. Gaines’ home address and, on April 10, 1979, he went to Ms. Gaines’ apartment and murdered her. He was convicted of first degree murder and sentenced to life imprisonment without the possibility of parole. Ms. Gaines’ parents brought a wrongful death/negligent hiring suit against…

    • 885 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    Case Assignment

    • 631 Words
    • 3 Pages

    Bret O’Brien works for MediSys Corporation as a manager in product engineering. First employed at the company in 1995, he is experienced in his field having previously led the engineering effort for pulmonary systems. O’Brien has been rated a high performer and was personally groomed for a managerial role by Len Broman the Vice President of Design and Engineering. He was one of the original members of the ad hoc group that formed to create the early development of the patient monitoring system to be used in hospitals’ intensive care units later named IntensCare. O’Brien was then included in the formalized core team put together by Art Beaumont. His responsibility is to ensure that the software and hardware’s forms will be finalized by May 1st.…

    • 631 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Case 2b

    • 404 Words
    • 2 Pages

    PREMISSES: A major company moves into a medium-sized town that has been hit by job losses in textile field. The new company is supported through many incentives including tax relief and free land. They have announced their hiring operation with higher pay rates compared to other jobs. Marilyn is a supervisor at a textile plant and has received offers for interview with the new company as a supervisor. She has also overheard her crew discussing applying for a job at the major company. Marilyn is in a quadrant about several issues.…

    • 404 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    In the court case a claimant was offered a job following an interview for a nursing position and a salary was mentioned by the Head of Nursing. The claimant was told she would receive a letter setting out terms and she received a letter subsequently that stated a pay of almost 8,000 more than the verbal quote. Noticing an error with the start date, the claimant contacted the HR Manager and a second letter with the only correction being a start date was issued. As requested, the claimant sent written confirmation of accepting the offer. On the first day of employment, the HR Manager tried to correct the mistake that at some point had been noticed since the acceptance letter was received and the employees first day by saying the offer incorrectly listed the pay. One month later the claimant was terminated from their position.…

    • 399 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Case 2 analysis

    • 264 Words
    • 2 Pages

    It will target a larger segment, 15% for fashionistas and 35% for planners and shoppers…

    • 264 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    (1) An employment contract is a contractual relationship between an employer and an individual employee or organization. My first issue at hand is the terms under which the contract was signed. The court has to determine whether it was stated on the contract that the columnist was locked in until the term were fulfilled under which she would be ethically wrong to break that contract. If an employee willingly breaks the terms of their contract it is unethical behavior and should be held accountable for those actions. Understandably the columnist has researched and came across a better opportunity which is financially gainful to her but she also had to explore the ramifications for accepting their offer of employment as it was presented to her. Consideration had to be taken by the columnist that time and money was spent on recruiting her for the job and ensuring that she was settled in a comfortable environment to conduct her duties accordingly and up to company standards.…

    • 847 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    What is the employment at-will doctrine in the United States, and what are some of the major exceptions to the doctrine? How might the employment at-will doctrine engender a legal but immoral discharge? (based on Legal Challenges text Chapter 21 and Business Ethics text Chapter 16, Parts I and II; tied to course competencies 1, 2, 3, and 4)…

    • 644 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    Hrm 546 Cost Club One

    • 1230 Words
    • 5 Pages

    References: Bennett-Alexander, D. D., & Hartman, L. P. (2007). Employment Business Law (5th ed.). New York, NY: The McGraw-Hill Companies.…

    • 1230 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    Everyday managers are faced with that dreadful task of firing an employee and that question on their mind prior to doing it is probably, "Am I doing this the legal way and will anything come back to haunt me at a later date?" Managers must understand all state and federal laws that pertain to lawful termination and employee rights, the way they do this is by reading company policies and researching all the laws that cover these areas and there are many out there. Therefore, how does employment-at-will work for the employer? The employee?…

    • 2048 Words
    • 9 Pages
    Powerful Essays
  • Satisfactory Essays

    XYZ Counseling Agency, a Limited Liability Company, hired Chuck as an anger management counselor. Two months ago during a counseling session with a client named Wilbur, Chuck became very angry at Wilbur's failure to improve and beat up Wilbur. A week earlier, XYZ Counseling had counseled Chuck about an incident in which he grabbed a client by the arm and shook him. XYZ Counseling has a specific policy against violence and has disciplined employees who violate it, but it has never terminated anyone for such conduct. Five years ago, Chuck was fired by another counseling firm after he hit a client. Wilbur has sued XYZ Counseling AgencyXYZ…

    • 548 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    written contracts

    • 467 Words
    • 2 Pages

    In the case of Paula she has a legitimate reason to file charges for reinstatement or pay as long as she has some type of proof where Next Corporation compromises to give her employment. A good example will be a welcome letter, emails, or any other document that has information about her employment and duties. Luckily for her, in the state of New York a handshake deal is a legally binding document such in the case of Texaco and Pennzoil in 1984. Also, if Paula can present witnesses in court that were aware of the business or employment offer, she can enforce it just like a written contract.…

    • 467 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    On January 5, Mrs. Bennett started working at Rikards-Hayley, an investment banking firm located at 121 Centre St., New York, New York. Her first job was in training and development, where she received nothing but superior evaluation from her supervisors. At precisely two years ago, she was promoted to acting manager of the department. As acting manager she received superior evaluation. Five months into the job Mrs. Bennett was notified that the company was going to fill the manager position and she applied for the position. She was told by her supervisor, Darren Blackwood, that management liked her but she did not quite fit the image they were seeking. She needed to lose weight and change her attitude towards he male employees. She was told that she was “too assertive.” Mrs. Bennett was not hired as manager; instead the company hired Martina Yardley. After Mrs. Yardley was hired, Mrs. Bennett claimed she was made miserable. Yardley criticized her work constantly and also made comments about her appearance. Two months ago Mrs. Bennett was fired. When male employees were terminated from Rikards-Hayley, they commonly receive severance package consisting of one year’s salary; Bennett’s severance package contained on six months’ salary. As a result of her treatment at work, Bennett claims she suffered physically and emotionally. To date her medical bills have totaled $2500. She has also been unable to find work; she earned $150,000 before she was terminated.…

    • 643 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Sample Case Brief

    • 340 Words
    • 2 Pages

    (1) Legal duty to conform to a standard of conduct raised by the law for the protection of others against unreasonable risks of harm.…

    • 340 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Under the legal doctrine of “employment at will” an employee can be lawfully terminated from her job for:…

    • 2104 Words
    • 9 Pages
    Powerful Essays
  • Better Essays

    Employment Termination

    • 1536 Words
    • 7 Pages

    When the decision is made to terminate an employee-employer relationship, the employer faces a far more daunting challenge than simply being able to terminate the employee, with or without due cause. Difficult steps must be taken to ensure that all precautions, legal and ethical, have been scrutinized and actuated prior to the final decision to terminate the relationship. Present ethical guidelines stipulate that employers, especially those involved in management, are responsible for ensuring that ethics for both the company and the employees are enforced in accordance with laws and regulations. Conflicting interests in the decision-making process of terminating employees must be avoided to justify terminations that reside within the fair constructs of the law. The purpose of this paper is to describe and identify social issues in relation to legal and ethical practices of employment terminations.…

    • 1536 Words
    • 7 Pages
    Better Essays

Related Topics