You Be the Judge Essay

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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 exceptions to the “At Will Employer” doctrine and various types of discrimination and their role in the termination of the plaintiff. There are several questions that must be answered before a ruling can be made in this case. Was the employer within his right to dismiss the plaintiff? Is there sufficient evidence to show the defendant was discriminatory against the plaintiff?

The Plaintiff in this case could argue that she is the victim of wrongful termination by her former employer, and because of this she should be reinstated to her former position within the company. While the defendant in this case is an “at will employer,” meaning he can legally discharge an employee at any time for any reason, Elaine could claim that the “contract exception” to the Employment at Will Doctrine applies to her case. This would mean that in this situation there was an “implied-in-fact contract” that was created between the employer and her, at the time of hiring. In the job offer letter Elaine received from the company it stated, “her annual salary would be $30,000” and that she would have, “great career opportunities.” The word “annual” in terms of salary, means that she would be paid on a yearly basis, implying that she was hired to work there for at least a year, but more likely several. Also, in the mentioning of career opportunities it is reasonable to believe that the word “career” meant longer than...
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