This paper discusses how a business can recognize legal risk and opportunity in employment from the basis of NewCorp Legal Scenarios found in the Business Law Course/531 at University of Phoenix. These scenarios involve a company called NewCorp, located in Vermont, facing typical legal risks such as discharging employees, discrimination, and the safety of its employees and equipment. This paper will discuss the liability of NewCorp as the employer, regulatory and compliance requirements, and identify the legal principles involved in each scenario.
Legal Risk and Opportunity in Employment
NewCorp Legal Scenarios provide three different scenarios that encounter legal risks of discharging a employee, accusation of discrimination, and the safety of employees and equipment. As a employee, my supervisor at NewCorp is challenging me to assess all three scenarios and provide recommendations prior to seeking legal assistance. Scenario One encounters the discharge of a manager of real property who was recently hired and feels the decision to terminate his employment “at will” is unfair. Scenario Two encounters two employees, a male supervisor and a female employee under his supervision, found to have a past personal relationship which leads to discrimination against the female that may deprive her of employment opportunities. Last, Scenario Three encounters a senior maintenance technician who identifies an unsafe workspace and makes a statement that qualifies as a worker’s compensation issue. Below are my assessments of these scenarios.
Legal Encounter One
NewCorp has to provide supporting documentation which should include copies of any written warnings, policies the claimant is accused of violating, attendance records and anything else NewCorp feels would support their decision to discharge the employee. If Pat’s suspicions are correct that NewCorp is discharging him due to his unpopular behavior at the meeting, NewCorp can only... [continues]
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