NewCorp Scenarios Legal Brief
NewCorp Legal Scenario 1
According to Scenario 1, Pat was hired to work for NewCorp as manager for real property in Vermont. He was responsible for 51 employees. His move to Vermont made Pat sell his house and bought a new house and his quit her job because of the move. After working for 3 months Pat was told by his supervisor that things are not working out and NewCorp is discharging him and giving him 30 days severance pay. NewCorp is an at-will employer and can legally terminate Pat for any reason as long as the reason is legal (Cheeseman, 2010). Also NewCorp has a policy manual the company gives to every employee upon joining the company. The policy ...view middle of the document...
If Pat does not improve his performance after the specified time, he can be terminated. Under Title VII of the Civil Rights Act of 1964, Pat may have a case against NewCorp regarding his dismissal if the dismissal is not reversed. Under Title VII of the Civil Rights Act of 1964, the dismissal is a wrongful termination because the company policy for unsatisfactory job performance was not followed by the supervisor. Also the company policy should have a disclaimer that declares that employees are at-will contract and, the employer can terminate his or her contract anytime (Alexander Hamilton Institute, Inc, 2000).
NewCorp Legal Encounter 2
NewCorp has full liability in this situation because Sam is a supervisor in the NewCorp organization, whose actions intentionally have disenfranchised a female employee, who he once dated. Based on information from the scenario, Sam made disparaging comments to Paula after she ended their relationship, and he prevented her from transferring to another department. Sam suggested that Paula should be prohibited from transferring because the chemicals in the other department may do harm to her future fetus, making the company liable.
This is not illegal but Paula believes this is Sam’s way of controlling her and keeping her next to him. The information obtained from this scenario suggests that Sam was using a form of sexually harassing Paula. According to the U.S. Equal Employment Opportunity Commission, “harassment violates federal law if it involves discriminatory treatment based on race, color, sex (with or without sexual conduct), religion, national origin, age, disability, genetic information, or because the employee opposed job discrimination or participated in an investigation or complaint proceeding under the EEO statutes.”
In this situation Sam was harassing Paula, based on her sex, which constitute sexually harassment. In this situation NewCorp has a number of measures that it can undertake. Before this issue of sexually harassment ever arose, NewCorp should have made sure that employees, including Sam and Paula knew the policy about employee fraternization. Given that an incident has already occurred between Sam and Paula, immediate actions have to be taken after an investigation.
If it determined from an investigation that Sam has disenfranchised and sexually harassed Paula, he needs to be either suspended or terminated immediately. This will show that the organization does not condone that kind of behavior and will not tolerate it. It will also show...