CASE EXAMPLE A: Elaine has sued Jerry because Jerry fired her. Elaine was on the job for two months. The job offer letter she had been given mentioned the great career opportunities at the company and stated that her annual salary would be $30,000. The employer 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.
The legal issues in the case of Elaine X v. Jerry Employer involve promises of great career opportunities. Considering that the employer is an “At Will” employer, does the employer need to provide an explanation for the termination? Are there ethics violations or various types of discrimination that played a role in the termination of the plaintiff? There are multiple questions that must be answered before a ruling can be made in this case. Was the employer within his right to terminate the plaintiff with no explanation? Is there sufficient evidence to show ethics violation or discrimination against the plaintiff?
The plaintiff has the 'burden of proof' for proving each 'element' of each count in the complaint. The Plaintiff claims to be wrongfully terminated based on an implied-in-fact contract and a victim of sex discrimination. Plaintiff argues that the job offer letter she had been given mentioned the great career opportunities at the company and stated that her annual salary would be $30,000.great career opportunities in the form of a job offer letter. The plaintiff claims to have also had a performance review where it was documented that she was performing her job properly. Hmm. Where did that fact come from? Although the employer is an “at will” employer, it is not required to have employment contracts, the job offer letter substantiates a contract once it was accepted. Elaine argues that she has been discriminated against because Jerry hired a man...
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