NewCorp Scenarios Legal Brief
July 25, 2011
Write a brief answer to the questions asked at the end of each encounter. Your boss expects a substantive answer, not simply a recommendation to refer matters to an attorney. The majority of businesses in the United States do not have staff counsel, and your boss does not want to spend money getting advice until after you provide an assessment. In your answer, identify what legal principles support your decision. All encounters can be supported from legal principles found in the readings for this week, including cases and statutes. Each answer must be no more than 350 words.
Legal Encounter 1
Based on the legal encounter, it seems as if the unsatisfactory performance/corrective action plan was not followed in this case. Pat was not put on a corrective action plan and he was not explained what things were not working out. We are unaware of his job performance since he was not put on a corrective action plan and it seems as if his job performance was not mentioned during his termination meeting with his supervisor. Due to Pat being an at-will employee, he can be terminated at any time for any legal reason. If NewCorp is stating that his job performance was unsatisfactory, it must be documented. He should have been placed on a corrective action plan as stated by company policy in order to give him time to improve his performance to a satisfactory level in a specified time period. If his performance did not improve, then he could be terminated.
Pat may have a case under the Title VII of the Civil Rights Act of 1964 based on the decision regarding his dismissal. It was wrongful termination- the company policy for unsatisfactory job performance was not followed.
Legal Encounter 2
Sam has no right stating that if Paula were to become pregnant, the child will suffer from a birth defect. From reading the scenario, Paula is most likely... [continues]
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