NewCorp

NewCorp

Legal Encounter 1

This encounter discusses the hiring of Pat as the manager of NewCorp in Vermont. His job requirement was to take care of the leased office space. After three months Pat received word from his boss that things were not working out and they were terminating his employment there and he would receive a severance pay for a month. He knew that in the company's personnel manual an employer must inform an employee of any problem to allow them ample time to make improvements, however this never happened.

If Pat has been working over 90 days then NewCorp was in violation of the employee policy stated in their handbook. The company failed to notify Pat if he was lacking in his performance to allow him time to make improvements in his performance at work. The organizations actions as understood after reviewing this encounter, is in direct violation of the employment policy that was recognized, understood, and signed by Pat. Pat has a right to pursue legal actions against NewCorp for wrongfully terminating his employment and the company would have to pay Pat.

However if Pat has reached his 90 day probation period then NewCorp has a right to terminate his employment without legal actions against the company. With Pat not being a full time employee the organization was within rights to fire him and in good faith gave him a 30 day severance pay. If found true, then Pat would not be considered a permanent employee of NewCorp until he has gotten passed his 90-day probation period unless otherwise documented and agreed upon. Therefore, NewCorp has the right to release Pat without notice. In regards to the notice of unsatisfactory performance/corrective action plan, this would not apply to Pat until he was outside of his probationary period of the 90 days, therefore there can be no legal matters brought against the company in this regard (Jennings, 2006).

NewCorp has guidelines that must be followed in order to terminate an employee. When failed to follow such procedures it is considered a breach of the contract and a wrongful termination. NewCorp would be held accountable for their wrongful actions in terminating Pat without following the proper procedures as written in their handbook and distributed to every employee upon hiring.

Legal Encounter 2

In legal encounter 2, Sam a supervisor engages in a sexual relationship with his employee Paula. Paula ended the relationship but he continued ...