Legal Risk And Opportunity In Employment.Docx

1041 words - 5 pages

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, ...view middle of the document...

She ended the relationship and tried to transfer to another department. Sam has blocked the transfer. Paula maintains that it is illegal discrimination based on sex.
Legal Issues
1. Sexual harassment
2. Pregnancy Discrimination
3. Workplace negligence.
This is a clear case of sexual harassment. Sam has continued to exhibit unwelcome behavior, even after Paula told him to stop. According to Cheeseman (2010), The U.S. Supreme Court has held that sexual harassment that creates a hostile work environment violates Title VII. Conduct such as making lewd remarks, touching, intimidation, posting of indecent materials, and other verbal or physical conduct of a sexual nature constitute sexual harassment. Sam’s conduct is clearly creating a hostile environment. NewCorp will be liable if this goes to court. I recommend that HR look into taking disciplinary action against Sam.
This scenario also exposes NewCorp to Pregnancy discrimination. Pregnant ladies cannot work in the wire coating department because it could harm the early state fetus. According to cheesemann (2010) The Pregnancy Discrimination Act was an amendment to Title VII. This amendment forbids employment discrimination because of “pregnancy, childbirth, or related medical conditions.” NewCorp will have to address this scenario. NewCorp needs to do additional research to identify ways to prevent the chemicals from affecting pregnant women.
The third legal issue is workplace negligence. Sam has identified the evidence that can lead to medical problems in pregnancy. NewCorp needs handle this situation immediately. This situation is a potential lawsuit, if pregnant women are allowed to work there without fixing the chemical issue. NewCorp needs to have the research department analyze the chemicals in use or will have to change the chemicals or provide protective clothing for women, which will prevent the effect of the chemicals.
Legal Encounter Three
Paul, the senior maintenance technician, has expressed concerns about the safety of the work area, around the pulp shredder. He says it is too confining and dangerous. One other employee has already met with an accident. Paul has threatened to sue
Legal issues
1. OSHA regulation
2. Workers Compensation
Paul contents that the pulp shredder is too dangerous and the space is too confining. Our...

Other Papers Like Legal Risk and Opportunity in Employment.Docx

Legal Risk and Opportunity in Employment

1148 words - 5 pages Legal Risk and Opportunity in Employment LAW 351 Legal Risk and Opportunity in Employment Legal Encounter 1 This case deals with the wrongful termination of Pat the real property manager in Vermont. Pat was hired 30 days ago. According to Vermont labor laws “Vermont is considered an “at will” state.  An employer may terminate an employee for any reason as long as it is not included in one of the protected classes e.g.:  race, color

Legal Risk and Opportunity Law/531 Essay

1037 words - 5 pages 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

Riordan Mfg. Legal Risk & Opportunity

861 words - 4 pages Legal Risk and Opportunity in Employment Amy Hurley University of Phoenix Business Law/LAW 531 Christine Benway December 13, 2009 Legal Encounter One Pat was hired by NewCorp as a manager of real property in Vermont and relocated from another city 300 miles away from this job. Pat believes he was wrongfully discharged due to the “Notice of Unsatisfactory Performance/Corrective Action Plan” stated in the personnel manual. The personnel

Legal Risks and Opportunities in Employment

719 words - 3 pages Running head: LEGAL RISK AND OPPORTUNITY IN EMPLOYMENT Legal Risk and Opportunity in Employment In reviewing the various legal encounters, there are multiple legal risks within each encounter. A legal risk is the possibility that an event will occur and the impact, the practical consequences, should that possibility comes to pass. (Compliance LLC, 2009) Legal risk is difficult to manage as there are vast arrays of circumstances and

Ethics And Legal Issues In Mergers

1264 words - 6 pages begins. Once identified, the committee will set forth to establish methods in resolving these issues before the merger. Preventative maintenance is the best practice in resolving issues, however; some issues cannot be resolved until it occurs. The plan would create steps for dealing with these future issues. By creating this plan, we hope to eliminate as much risk in ethics and legal as possible. References Legal and Financial Issues in

Assessing and Managing Legal Risks in Business

1349 words - 6 pages Assessing and Managing Legal Risks in Business To run a profitable and successful business the issues of liability, litigation and legal risks need to be assessed on a regular basis. By doing so companies can increase their bottom line, maintain a positive reputation and be prepared if and when issue arises. United States based Alumina, Inc. a $4 billion dollar company. Its business interests include automotive components

Legal, Safety, And Regulatory Regulations In Hr

779 words - 4 pages agencies have ebeen created to establish and enforce legal, safety and regulatory requirements. In an effort to originate these regulations, the federal government has established the U.S. Department of Labor, U.S. Equal Employment Opportunity Commission, the Americans with Disabilities Act of 1990 and the Department of Homeland Security. Legal Regulations Legal regulations about topics such as wage requirements, work hour requirements, and

Legal and Ethical Considerations in Employment Selection

1126 words - 5 pages Legal and Ethical Considerations in Employment Selection Cardinal Stritch University Cathy Carew Instructor John Koehler MGT-445 Human Resource Management II July 25, 2013 Legal and Ethical Considerations in Employment Selection Organizations use screening tools such as assessment tests, medical tests and drug testing to effectively find applicants or current employees that are best qualified for a particular job. There are legal

International Legal and Ethical Issues in Business

826 words - 4 pages Unit 1 Individual Project International Legal and Ethical Issues in Business American InterContinental University It is know that is anyone in the business world has legal obligations to keep their employees and

Ethical And Legal Issues In Nursing

1233 words - 5 pages Ethical and Legal Issues in Nursing University of Phoenix Nursing 391 Ethical and Legal Issues in Nursing Marianne, the 79-year old woman who presented with a hemorrhagic stroke in a recent case study, brings up thought for ethical debate. Her outlook is poor, with or without surgery, and she has no advanced directive. Her husband and children cannot come to an agreement on whether life support should end or if all resuscitative

Legal And Ethical Consideration In Marketing

2321 words - 10 pages condition that makes it “unreasonably dangerous to the user or consumer” (Halbert, 2012). This is referred to as strict liability according to the legal definition in Halbert. Rajan Chandran, Associated Professor of Marketing in the Graduate School of Business Administration at Temple University wrote an excellent article on product safety. (Chandran, 1979). According to Chandran, advertising fails to promote safety, and he gives some

Related Essays

Legal Risk And Opportunity Essay

809 words - 4 pages ) 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

Legal Risk And Opportunity Essay

3334 words - 14 pages Legal Risk and Opportunity in Employment In terms of cost and time, an organization’s ability to understand and prevent legal liability is immeasurable. NewCorp is currently mired in three legal encounters. Before deciding to immediately pursue legal advice to resolve the situations, NewCorp has decided to allow Team B to evaluate each encounter and determine NewCorp’s liability. Management has requested that the final evaluation be referenced

Legal Risk And Opportunity Essay

1380 words - 6 pages Legal Encounter 1: Mr. Pat Grey was hired by Newcorp as a real estate manager in the state of Vermont. Mr. Grey packed up his wife, children, and all their personal belongs to begin a new career in Vermont but at the end of thirty days he was informed by his manager that he was not working out as a real estate seller due to the current market. He subsequently was informed that he would receive a severance package for his efforts while

Legal Risk And Opportunity In Employment

737 words - 3 pages Legal Risk and Opportunity in Employment Business Law LAW/531 October 1, 2008 Legal Risk and Opportunity in Employment The reason for this paper is to discuss three legal encounters involving NewCorp, a fictitious company in Vermont. The author of this paper is required to provide with a brief but substantial advice at the end of each encounter.   Legal Encounter One Pat Grey is a new manager of real property for the NewCorp Company