Matthew Davis You Are The Judge 1

Powerful Essays
Topics: Employment
In case example A Elaine, who had been an employee for two months, has sued her employer because Jerry had fired her without any reasoning. The job offer that Elaine had been sent stated that she would have great career opportunities and that her annual salary would be $30,000 although the company the hired Elaine was an at-will-employment business. After two months Elaine was terminated from her position and a man named Kramer was hired for that same position, which had less job experience and education than Elaine. Elaine has a strong case for sexual discrimination and unlawful business ethics by her employer, because after Elaine’s termination Kramer was hired for the same position. The expectations will help Elaine in the lawsuit against jerry besides sexual discrimination would be tort exceptions, implied in fact contracts, statutory exceptions and the public policy exception. Certain issues that need to be reviewed first before we can determine if this is going to be a valid case would be if there is a valid contact between Elaine and Jerry that she must receive an explanation or reason for termination is that related to company policy? Was there any type of salary contract that had to be signed when employed? Was there money or compensation for getting terminated? What reasons does Jerry have for hiring Kramer over Elaine? Is there sexual discrimination taking place by the employer? The first topic that should be explored in this case should be whether or not sexual discrimination came into play. This could have been a major part in this case because shortly after Elaine was fired Jerry hired Kramer a man to do the same job with less job experience and education. When looking for an applicant for a job both qualities are looked at extensively for a position because it would make them a better attribute to the company. This termination could be looked at as unethical or wrong because she was the right person for the job but was replaced by a man right

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