Running head: NewCorp Scenarios Legal Brief NewCorp Scenarios Legal Brief NAME LAW/531 TEACHER NAME 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 not pregnant and if she were to become pregnant in the future she can relocate her job to a safer working environment during the pregnancy and return after childbirth. Sam is sexually harassing her by exhibiting unwelcome behaviors which is sexual discrimination. If Paula were pregnant, I can understand her not being able to transfer to the department.
Sam has no right in controlling her and stating that she is not able to transfer based on a possible pregnancy that may not even happen. Paula has a case of discrimination based on her gender and a sexual harassment case as well. If the unwelcoming behaviors to Paula from Sam happened on company premise during working hours then NewCorp must take action and have the matter investigated as this is sexual harassment regardless if they were in a previous relationship. Legal Encounter 3 Congress enacted the Occupational Safety and Health Act in 1970 to promote safety in the workplace (Cheeseman, Henry R, 2010).
This act established OSHA (Occupational Safety and Health Administration) which establishes safety requirements such as the regulation of the location of machinery. If an employee has already been injured when working on the machine, wouldn’t a person assume that having Paul operate on the machine will cause another injury or possible death? Paul’s threat to get a lawyer and sue NewCorp will more than likely be a winning case. OSHA’s job is to promote safety in the workplace. Due to the Paul’s complaint to OSHA, an inspector is very likely to come out to inspect for health hazards and safety violations.
If a violation is found, a citation to NewCorp will be issued in order to have the matter corrected. NewCorp should really consider making an effort in relocating the machinery in a space that is not so confined before they receive a citation or lawsuit from an employee. NewCorp can negotiate with Paul that they will not allow him to repair the pulp shredder until it has been relocated in order to prevent employee injury, death, or a potential lawsuit. Reference: Cheeseman, Henry R. ( 2010). Chapter 31: Employment, Worker Protection, and Immigration Laws. Retrieved from Cheeseman, Henry R, LAW531 website.