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Newcorp Legal Issues Essay

1911 words - 8 pages

NewCorp legal issues
NewCorp does not have an in-house legal counsel and utilizes Team B staff members to serve as associate legal counsel. Primary responsibilities include advising and recommending courses of action to management covering a range of legal encounter scenarios. Team B members analyze each scenario and provide management with associated legal principles, potential liability concerns, and courses of action. During the past week the Team has received three scenarios and management wants a substantive collaborative effort within one week.
Scenario One
Pat has been working for three months when his boss discharged him with 30 days of severance pay, because of unsatisfied ...view middle of the document...

Pat’s employment agreement has been dishonored and he reserves the right to file a claim for unjust end to his employment against the NewCorp Corporation. According to the scenario Pat and NewCorp had an employment accord when Pat signed the personnel manual. The company is in violation of the employee policy stated in their handbook (University of Phoenix). NewCorp failed to notify Pat if he were lacking in his performance to allow him time to make improvements in his performance at work. NewCorp’s 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. The company breached their personnel manual that describes the procedure for handling unsatisfactory workers. NewCorp failed to follow the appropriate protocol with the notice of poor performance and corrective action plan guidelines. NewCorp was required to inform Pat that his work performance was unsatisfactory and then put him on a corrective action plan for a precise period of time. If Pat’s job performance had not improved within the specific time frame then NewCorp would have the right to terminate him.
NewCorp Options
NewCorp must follow the guidelines and process set for employee termination. Failure to follow such procedures is considered a breach of contract and wrongful termination. NewCorp is held accountable for their wrongful actions in terminating Pat without following the proper procedures as written in their handbook. Pat has a right to be treated fairly such as every other employee, and when an employee rights is violated a lawsuit shall take place to compensate the employee.
Scenario Two
NewCorp electrical manufacturing department for automotive, has more than 100 employees including men and women. Sam is the supervisor of this department overseeing the wiring and connection of the different universal couplings to speedometers, oil gauges, and other instruments (University of Phoenix, 2011). Sam developed a dating relationship with Paula who is an employee. After sometime, Paula ended the relationship but Sam continued to approach Paula with sexual advances and would not stop even after Paula asked him to stop. Sam also indicated to Paula that she could lose her job if she kept refusing his advances by stating that Paula’s work is suffering from lack of interest. When Paula tried to transfer to another department, Sam used his position to stop the transfer (University of Phoenix, 2011).
NewCorp Legal Obligation
NewCorp has a legal duty to their employees to ensure that they provide a comfortable work environment in which their employees are not subjected to discrimination, and hostilities based on the decisions they make, level of education, their gender, race, ethnic background, religion, nationality and creed. NewCorp has to ensure that their employees do...

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