Legal Risk

In: Business and Management

Submitted By tester123
Words 357
Pages 2
Legal Risk and Opportunity in Employment
In the legal encounter one (University of Phoenix Legal encounter), Pat Grey was hired by NewCorp as manager of real property for NewCorp in Vermont. She was to be responsible for activities related to maintaining leased office space. In that role, Pat had to supervise 51 employees as well as lower-level supervisors, and he had to deal with tenants who leased commercial space. For the job, Pat relocated from another city 300 miles away with his spouse and children. He sold and bought a home, and had to deal with a spouse who had to quit her job to seek employment in the new state.
After Pat had been on the job for three months, his boss discharged him with 30 days severance pay. Pat was surprised because his employer gave no indication of any problem on the job. NewCorp’s Personnel Manual, which had been provided to Pat upon his acceptance of employment, outlined the process for dealing with unsatisfactory employees which stated a Notice of Unsatisfactory Performance/Corrective Action Plan included that “If the job performance of an employee is unsatisfactory, the employee needs be notified of the deficiency and placed on a Corrective Action Plan (CAP). If the employee performance does not improve to a satisfactory level within the specified period of time, termination needs to follow.spouse who had to quit her job to seek employment in the new state.
After Pat had been on the job for three months, his boss discharged him with 30 days severance pay. Pat was surprised because his employer gave no indication of any problem on the job. NewCorp’s Personnel Manual, which had been provided to Pat upon his acceptance of employment, outlined the process for dealing with unsatisfactory employees which stated a Notice of Unsatisfactory Performance/Corrective Action Plan included that “If the job performance of an employee is…...

Similar Documents

Legal Risk and Opportunity in Employment

...Legal Risk 1 Running head: LEGAL RISK AND OPPORTUNITY IN EMPLOYMENT Legal Risk and Opportunity in Employment Cindy Simmons University of Phoenix Legal Risk and Opportunity in Employment Legal Encounter 1: . The policies outlined by Newcorp were not followed gave Pat Grey the right to claim wrongful termination. Newcorp did not follow its own policy which states “If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a Corrective Action Plan (CAP). If the employee performance does not improve to a satisfactory level within the specified period of time, termination will follow” (Risk in the Employment Relationship-Legal Encounter 1, 2008). Since Pat was not given any feedback indicating a problem, he may have been subject to wrongful termination. The probationary period had passed and would not be considered a factor. (Hiring and Firing Employees: Don't Force "At-Will" In Writing, 1994) The California Fair Employment and Fair Housing Act (FEHA) protects employees from specific types of termination. If as Pat mentioned his stance on the allocation of funding for public schools’ athletic programs was truly a factor, this would be a clear violation of the FEHA. Either way Pat can and should sue as he and his family was put through the hardship of being uprooted for what appeared to be a solid secure job opportunity. (Wrongful Termination Lawyers & Legal Information), 2000. Legal Encounter......

Words: 561 - Pages: 3

Legal Risk and Opportunity in Employment

...Abstract An agency relationship exists by common consent and specifies duties and responsibilities on both sides. NewCorp and its employees have an agency relationship, which NewCorp is the principal and the employees are the agents. NewCorp currently faces three encounters. In lieu of obtaining legal advice, NewCorp has requested Team C to make the following assessments regarding the legal risks and opportunities involved in these three legal encounters. The assessments will include the liabilities from NewCorp’s perspective as well as the employee’s perspective along with the regulatory and compliance requirements. The assessments will also reference some of the legal principles in this week’s reading materials that support our decisions. Legal Risk and Opportunity in Employment Encounter 1 NewCorp hired Pat as a manager of real property, which includes responsibilities for the activities related to maintaining leased office space in Vermont. Upon employment, he signed an understanding that the company observed employment “at will” in respect to discharge. He was also given an employee handbook that outlined the company’s process for dealing with unsatisfactory employees, which stated that an employee would be notified of unsatisfactory performance and placed on a corrective action plan. If the employee’s performance did not improve to a satisfactory level within the specified time frame, the employee could be terminated. After three months of employment...

Words: 2142 - Pages: 9

Legal Risk and Opportunity Law/531

...Legal Risk and Opportunity in Employment Business Law- LAW/531 Legal Risk and Opportunity in Employment Legal Encounter #1 In legal encounter 1, there are definite liability issues on WireTechs behalf. The first legal principle is the employee handbook presented to Clark at the beginning of his employment with WireTech. The employee handbook could represent a contract between the employer and the employee. Upon employment Clark did acknowledge that the company had an “at will” policy when terminating employees. WireTech presented Clark with an employee manual upon hiring him that states,“ If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a corrective actions plan” (Syllabus, 2010). Unfortunately, WireTech never put Clark on a corrective action plan nor did WireTech give Clark any indication that they were unsatisfied with his performance until they were prepared to let him go. According to Jennings, ”Many courts have implied the existence of a contract due to the presence of promises, procedures, and policies in an employee personnel manual. Personnel manuals have been held to constitute, both expressly and impliedly, employee contracts or to become part of the employee contract when they are given to employees at the outset”(Jennings, pg.727). One factor that determines an implied contract is the reliance on the employee manual (Jennings, 2006). With this information being known Clark has the......

Words: 1023 - Pages: 5

Legal Risk and Opportunity

...Recognize Contract Risk and Opportunity Erica D. Thomas LAW/531 June 7, 2010 Craige Harrison Recognize Contract Risk and Opportunity Contracts, no matter how large or complex, are promises negotiated between parties and should be written to ensure business agreements are fulfilled by both parties. Clarity of purpose is the hallmark of successful contracts because contracts are never free of interpretation (University of Phoenix, 2010) and poorly written contracts can ultimately result in breach of said contracts. In today’s market, businesses need ways to ensure that contract risk and liabilities are minimized and remedies to these risks are maximized and beneficial to all parties involved. In this memo, I will identify the legal risk and opportunities of Span Systems and Citizens-Schwarz (C-S), address how managers can avoid risk with contract issues, minimize liabilities, and benefit from additional opportunities identified. Span Systems and Citizen-Schwarz AG (C-S) entered into a 1 year contract worth $6 million and if Span Systems can deliver on this contract our company stands to gain an even bigger contract for C-S’s e-CRM order, which is coming down the pipeline, however, in order for us to secure this contract our company must meet and exceed performance standards with the current contract. Currently our proceedings concerning our contract with Citizen-Schwarz (C-S) has not gone as planned and Leon Ther, C-S’s lead negotiator has demanded immediate......

Words: 795 - Pages: 4

Legal Risk and Opportunity in Employment

...Legal Risk and Opportunity in Employment The following assessment will discuss legal risks and opportunities involves in three NewCorp legal encounters. The decision for each counter will be supported by legal principles from management of employee conduct and employment discrimination (Jennings, M. M, 2006). In Legal Encounter 1, In a principal and agent relationship, NewCorp exercises a great deal of control over Pat Grey. Pat is in high level of supervision and control. His scope of employment is about three months. NewCorp’s liabilities and risks: If Pat Grey’s contract is writing, the authority of discharge must be in writing. In this case, the discharge order gave by oral instead of writing. Pat informed upon his employment, he signed and understood that NewCorp observed employment at will. This provides the right for NewCorp to terminate Pat Frey’s employment even Pat is a contract employee. Pat Grey’s boss informed Pat about his term of leaving without any indication of his deficiency or clear business-related reasons for this dismissal. At same time Corrective Action Plan (CAP) was not in place. This action did not following NewCorp’s personnel Manual. This is potentially considered as a wrongful discharge suit. Pat Grey risks and opportunities: Pat understood the employment at will upon his employment. He believed his unpopular behavior in school broad meeting contributed to the NewCorp decision to discharge him . Since on formal business related......

Words: 1100 - Pages: 5

Legal Risks in Emerging Markets

...Westminster International University in Tashkent International Aspects of Business Law 2012 - 2013 Legal Risks in Emerging Markets – Evaluation and Mitigation Legal Risks in Emerging Markets – Evaluation and Mitigation Student’s ID number | 000090 | Module name | International Aspects of Business Law | Module code | 6241170 | Tutor | Eldor Mannopov | Individual assignment | x | Group assignment | | Submission deadline | 13 March, 2013 | For Academic Registrar use only | TABLE OF CONTENTS: INTRODUCTION 3 DEFINING LEGAL RISK LEGAL RISKS IN INTERNATIONAL TRADE LEGAL RISKS COUNTRY PROFILES 4 - MALAYSIA - THAILAND 5 - VIETNAM 7 - CAMBODIA 8 CONCLUSION 9 REFERENCES 10 ITRODUCTION: Cowan PLC specializes in producing copper tubing. Following globalization and internationalization tendencies the company is currently considering an option of......

Words: 4109 - Pages: 17

Legal Risk & Opportunity in Employment

...Legal Risk & Opportunity in Employment Joe Kroeger Business Law 531 January 10, 2011 Marlene Wilhite Legal Risk & Opportunity in Employment The following assessment will discuss legal risks and opportunities in employment law when discussing three different scenarios at WireTech. I will discuss what WireTech’s liability is and what legal principles are relevant to the situation. In Legal Encounter 1, Clark was discharged after three months without any indication of unsatisfactory performance. WireTech’s liability is that they discharged Clark verbally and not in writing. Upon Clark accepting employment it stated that the employee would be notified of unsatisfactory job performance and placed on a corrective probationary period. If the employee’s performance did not improve within the specified time period, discharge would happen. In this encounter, Clark voiced his opinion in a school board meeting that was apparently unpopular. Clark felt that this contributed to his termination. Although Clark signed that he understood that the company observed employment at will regarding termination, I believe that his opinion at the board meeting is the reason that he was terminated. To me, this was an intentional termination due to discrimination. He was discriminated against due to his position at the school board meeting. “In a case involving intentional discrimination, the aggrieved party can recover compensatory damages. A court can award punitive damages against an......

Words: 1046 - Pages: 5

Legal Risk and Opportunity in Employment

...Legal Risk and Opportunity in Employment Yolanda Baker LAW/521 February 14, 2011 Kathryn Harris Abstract There are several encounters that can take place in the workplace that can hold a company legally liable. These include violations of Equal Opportunity in employment and OSHA regulations. This paper will discuss in detail certain violations to include wrongful terminations, at will employment laws, sexual harassment and unsafe working conditions. Legal Encounter 1 - Wrongful Discharge NewCorp has liability under the Employment at Will Doctrine. The Employment at Will Doctrine dictates that an employer has the right to fire an employee and an employee has the right to quit or terminate employment "at will". At will in this instance means without advanced notice or cause. However, there are several states with exceptions to this doctrine, Vermont, the state in which Pat was hired, is one of them. Vermont has an implied-contract exception. When employers hire employees without explicit contracts, some states such as Vermont, consider policy manuals, employee handbooks, and employee agreements as obligatory contracts of continued employment. Upon hire NewCorp was given a personnel manual that explained that there would be a process to notify and correct unsatisfactory performance. This would include an corrective action plan after notification and the acknowledgment that termination would follow if employee performance was not improved to satisfactory level...

Words: 1110 - Pages: 5

Legal Risk and Opportunity in Employment

...Legal Risk and Opportunity in Employment Law 531 Charles Cook February 7, 2011 Legal Risk and Opportunity in Employment Legal Encounter 1 NewCorp violated a breach of contract with Pat in this case. While NewCorp is an “at-will” employer, they provided an employee handbook to Pat which outlined the procedure for disciplinary process involving the requirement of corrective action. NewCorp failed to follow their own process which supports the wrongful termination suit. Additionally, the case law which would be applicable to this case is Dillon v. Champion Jogbra, Inc. The case has many similarities which can support Pat's claim of wrongful discharge. For example, the implied contract relating to the action stated within the employee handbook to follow a procedure for discipline and/or corrective action prior to discharge. Because NewCorp did not imply that the employee handbook was not a contract at any point within the handbook. Therefore, Pat has grounds for action against NewCorp. Legal Encounter 2 NewCorp has two issues to face in this scenario. The first being the sexual harassment by Sam toward Paula. Sexual harassment is “defined by the Equal Employment Opportunity Commission (EEOC) as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or submission to or rejection of the......

Words: 746 - Pages: 3

Political, Legal and Regulatory Risks

...Political, legal, and regulatory risks The Rules on the Regulation of Franchise (Italian Senate) in articles 2-3 under the Scope of Law demands that any third party business relations must be in writing or will be considered null in void. A distinct plan of organization will be key in handling all written documentation as well as third party witnessing. The Rules on the Regulation of Franchise also states that all documentation must by law, must coincide with the original agreement made by franchisor and cannot be changed without further consent. Any misleading or false information can be due to lack of accurate translation and is punishable by annulment of agreement. To avoid this risk any form of communication, as well as product journalism and financial documents, should be translated into Italian by a professional, and preferably followed with an e-mail or telephone call. Also, there are business schools that can offer placements to aid with the subject of translation. Furthermore, using the Italian language in documents, such as invoices, will aid in the clarification of all intentions and eliminate confusion or misunderstanding. Market Risks (four Ps) PRICE The average cost of a cup of coffee in Italy (4.92 EU or $7 USD) is doubled the price of an average sized breakfast (2.35 EU or $3 USD). The subject of price must be paid close attention as to not be deemed as “overpriced” in a country filled with locals who know the value of a good cup of coffee. The price......

Words: 345 - Pages: 2

Political, Legal and Regulatory Risks

...Political, legal, and regulatory risks The Rules on the Regulation of Franchise (Italian Senate) in articles 2-3 under the Scope of Law demands that any third party business relations must be in writing or will be considered null in void. A distinct plan of organization will be key in handling all written documentation as well as third party witnessing. The Rules on the Regulation of Franchise also states that all documentation must by law, must coincide with the original agreement made by franchisor and cannot be changed without further consent. Any misleading or false information can be due to lack of accurate translation and is punishable by annulment of agreement. To avoid this risk any form of communication, as well as product journalism and financial documents, should be translated into Italian by a professional, and preferably followed with an e-mail or telephone call. Also, there are business schools that can offer placements to aid with the subject of translation. Furthermore, using the Italian language in documents, such as invoices, will aid in the clarification of all intentions and eliminate confusion or misunderstanding. Market Risks (four Ps) PRICE The average cost of a cup of coffee in Italy (4.92 EU or $7 USD) is doubled the price of an average sized breakfast (2.35 EU or $3 USD). The subject of price must be paid close attention as to not be deemed as “overpriced” in a country filled with locals who know the value of a good cup of coffee. The price......

Words: 646 - Pages: 3

Medical Marijuana Should Be Legal, the Benefits Outweigh the Risks

... Medical Marijuana Should Be Legal, the Benefits Outweigh the Risks Kathleen Shanks Professor Shultz Composition II - 56 March 15, 2015 The cry being heard throughout small-town America, “Medical marijuana should be legal, the benefits outweigh the risks!” Medical marijuana is a very touchy subject. Some people think it should stay illegal because of it being labeled as a non-beneficial street drug. Many states have already decided that the people of their state should have the benefits associated with the use of medical marijuana, Colorado, to name one, has worked it out so that there are laws regulating the growing, sales and consumption of this product. Other states are looking into the possibility of following suite with Colorado. There is a great amount of revenue to be made from growing and legal sales for medicinal use. They are also looking into the medical benefits to people with any number of illnesses. Some people claim that it is a “gateway” drug. Some claim it will ruin the economics of their town or county or even state, by not having the revenue created by those who break the law by selling, buying or using; if it is made legal. There are not enough people looking into the economic factor of being paid to grow so many plants per person being treated. After being a person who lost a loved one to cancer, it is easy to see where the use of medical marijuana could have helped that individual through what must have been the worst period of a life time. My......

Words: 943 - Pages: 4

Legal Risk and Opportunity in Employment.Docx

...Legal Risk and Opportunity in Employment Tester Pester LAW/531 November 7, 2010 Lame Duck Abstract This paper analyzes the legal principles and remedies behind the three scenarios described in the simulation. Legal Risk and Opportunity in Employment Legal Encounter One NewCorp hired Pat Grey as a property manager. NewCorp fired Pat after three months. Pat thinks it is not related to performance but other outside issues. NewCorp maintains that it is not working out with Pat, so he is let go. Legal Issues 1. Doctrine of promissory estoppels. 2. At-will Employment. Vermont is an “at will state.” According to the definition of “at will” on the Department Of Labor, Vermont, (n.d) website, An employer may terminate an employee for any reason as long as it is not one of the protect classes e.g.:  race, color, national origin, religion, sex, age or mental, or physical disability. NewCorp has not terminated Pat for any of these reasons. Retaliation or discrimination against employees or applicants who have alleged employment discrimination is unlawful (Cheeseman, 2010). Pat has not made any employment discriminations complaints. Pat has also acknowledged signing a statement of employment at-will so he should be aware that he can be let go anytime for no reason. Pat can still establish a claim for wrongful termination under promissory estoppels. He will have to prove the termination breached a specific promise made by NewCorp (Cheeseman, 2010).......

Words: 1024 - Pages: 5

Legal Risk and Opportunity in Employment

...Legal Risk and Opportunity in Employment Tester Pester LAW/531 November 7, 2010 Lame Duck Abstract This paper analyzes the legal principles and remedies behind the three scenarios described in the simulation. Legal Risk and Opportunity in Employment Legal Encounter One NewCorp hired Pat Grey as a property manager. NewCorp fired Pat after three months. Pat thinks it is not related to performance but other outside issues. NewCorp maintains that it is not working out with Pat, so he is let go. Legal Issues 1. Doctrine of promissory estoppels. 2. At-will Employment. Vermont is an “at will state.” According to the definition of “at will” on the Department Of Labor, Vermont, (n.d) website, An employer may terminate an employee for any reason as long as it is not one of the protect classes e.g.:  race, color, national origin, religion, sex, age or mental, or physical disability. NewCorp has not terminated Pat for any of these reasons. Retaliation or discrimination against employees or applicants who have alleged employment discrimination is unlawful (Cheeseman, 2010). Pat has not made any employment discriminations complaints. Pat has also acknowledged signing a statement of employment at-will so he should be aware that he can be let go anytime for no reason. Pat can still establish a claim for wrongful termination under promissory estoppels. He will have to prove the termination breached a specific promise made by NewCorp (Cheeseman, 2010).......

Words: 1024 - Pages: 5

Legal Risk in Finance - Security

...competing securities would differ depending on the actual status of registration. I consider both possibilities in relation to any possible competing securities. By virtue of their nature as equitable interests, both fixed and floating charges would follow in priority after any legal or equitable interest established at an earlier date, or even a subsequent legal interest acquired “bona fide for value without notice of the prior interest” (Session 11 – 2.2.1). On the facts, there are no evident competing securities on the property covered under the fixed charge, and most of the assets under the floating charge. Specifically, there are no competing interests on the factory equipment, patents, and licences held by MPL, and most of the delivered hardware. However there is a possibility of a competing interest against the hardware supplier whose terms specify that “title to the goods did not pass until the entire purchase price for each delivery had been paid” (Case facts), with payment to be made within 30 days of delivery. However, the hardware supplier is essentially an unsecured creditor, and it holds legal title over the goods it supplies until full payment. Its claim is not a security as such, rather a legal interest, which would not be registrable (Session 11 – 2.4.5). Under the circumstances then there is no direct competition between OB and the supplier in relation to the unsettled hardware. This would fall under the Sale of Goods legislation (Goods Act 1958 (Vic)),......

Words: 2874 - Pages: 12