Legal Risk and Opportunity in Employment
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Use the NewCorp Legal Scenarios to answer the following questions:
o What liability does NewCorp have?
o What regulatory and compliance requirements and legal principles, such as statutory or case law, are relevant to this situation?
963 words, two references
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Solution Summary
Legal risk and opportunity in employment is examined.
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According to oppapers.com (2010) in terms of Newcorp legal scenarios, the following responses were prepared in response to the three scenarios Newcorp asked one of their employees to prepare. According to this site, this specific scenario describes the liabilities that the company faces as a result of breaking an implied contract; the scenarios highlight the legal issues and case laws that govern each principle. According to this site, breach of implied contract states that according to the employment at will doctrine, an employer can terminate an employee for bad cause, just cause, or no cause at all; because Vermont is an employment at will state, Newcorp can discharge Pat for any reason as long as the reason does not stem from discrimination based on race, religion, sex, age, and national origin (Cheeseman, 2010). According to these authors, there is an exception to this doctrine that states that if an employer establishes an implied contract the relationship changes from employment at will to one of a contract (Muhl, 2001); not all states recognize this exception however; Vermont is one of the states that does; in Pine River State Bank V Mettilee the court found in favor of the plaintiff when the employee filed a wrongful termination suit.
According to oppapers (2010) the employer in the case had outlined the steps necessary to terminate an employee and when the defendant failed to follow those steps, the bank breached their contractual obligations to the employee; the court reasoned that when a company distributes a handbook with specific policies or procedures they are choosing to 'implement or modify its existing contracts ...
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