Case Study of NewCorp Legal

An employee can be legally fired at any time for any reason, unless they are being discriminated against (depending on the state), or if the firing is in retaliation, or if the firing goes against a

STATEMENT OF FACTS: Sheila White interviewed with Marvin Brown and obtained a job as a “track laborer” with Burlington Northern & Santa Fe Railway Company. Shortly after her hire date, however, she assumed forklift operator duties. This new assignment still fell under the “track laborer” position description, and White occasionally performed those duties although her primary responsibility was operating the forklift. Three months into her new job, White complained to the company that her immediate supervisor was sexually harassing her on the job. He was temporarily suspended and required to attend sexual harassment training. White was then informed that she was being reassigned to track labor duties only. White

This exception allows employees to file lawsuits if they sensed they were terminated unfairly (Doyle A. 2016).

It is necessary to determine when L was removed as director of SPG and SET to ascertain the validity of the plaintiffs’ appointment as administrators. To establish L’s time of removal, one must first conclude whether the decision at the meeting took effect immediately, or if the subsequent messages exchanged between M and L, and belated lodging with ASIC, suggest a later removal date.

10. Dan hires Eve to perform at Dan 's Club, but Eve later breaches the agreement to accept a higher-paying job at First Star Arena. Dan files a suit gainst Eve. The court will most likley: award damages to Dan.

The company has the right to terminate an employee as long as the termination does not discriminate or

Wrongful Termination (a.k.a. Wrongful Dismissal) is a legal phrase that refers to any situation in which a worker’s employment is ended by the employer (terminated) in breach of contractual terms of employment, or due to any of the following: discrimination, retaliation, an employee’s refusal to be involved in illegal activity, or an employer’s

New Hampshire is considered to be a “work at will” state. Which means an employee can be terminated at any time for any reason. Of course there are exceptions to this rule, specifically regarding the following acts, which are pertinent to Lawson’s termination.

BIS did not breach duty of care because according to "N.Y. GOB. LAW 18-105: NY Code -Section 18-105: Duties of skiers"  10-11, each skier shall have the duty not to willfully stop on any slope or trail where such stopping is likely to cause a collision with other skiers or vehicles and to yield to other skiers when entering a trail or starting downhill. Craig neglected his duty to both.

The U.S. Equal Employment Opportunity Commission ensures that people are not discriminated against in the work place for things such as their race, gender, disability, age, religion, or color. EEOC also protect people that have filed a complaint. You cannot be terminated because you have filed a complaint or a lawsuit (“About the EEOC:Overview, n.d.). Www.eeoc.gov provides information for any situation pertaining to employment. Their services may be needed because of being fired, denied employment, or denial of a promotion. Whatever the need, EEOC have laws to protect those in the labor force.

Based on facts and legal laws, the judge can look over the evidence and rules and make a decision. The employment-at-will doctrine clearly states that the employer can fire the employee at any time for any reason. There are many exceptions to the employment-at-will

The essence of the public-policy exception is that an employee will have a cognizable claim for wrongful discharge if the discharge of the employee contravenes a clear mandate of public policy. Claims for wrongful discharge under the public-policy exception have included termination of employees for: (1) refusal to participate in illegal activity, (2) the employee's refusal to forsake the performance of an important public duty or obligation, (3) the employee's refusal to forego the exercise of a job-related legal right or privilege, (4) the employee's "whistleblowing" activity or other

•Gender Discrimination-Diane is female and has been with the company for some time. Diane would have to prove that we are terminating her because she is female. This would be very hard to prove because we have not discriminated based on gender and there are two other employees male and one of them is minority in the process of being terminated. Another fact is that the HR department has two other female employees. Diane is also aware that she had a minor attendance performance where we worked with her and still kept her with the company. The company also has other females working in the stores and this indicates that we do not discriminate against gender.

A similar case where an employee claimed unlawful termination in comparable circumstances is Megivern v Glacier Hills Incorporated. In this case the employee, Megivern, alleged that her employer, Glacier Hills Inc. unlawfully terminated her due to her pregnancy. The judgement was ultimately given to Glacier Hills Inc and the termination was sustained. Glacier Hills was able to show the reasoning surrounding Megivern’s termination by providing her performance records. Megivern was a less than desirable employee and the timing of her termination was not due to pregnancy (Megivern v. Glacier Hills

The plaintiff, Ms. Madeena Sandhu, was hired by Solutions 2 Go Inc. on November 7, 2005. Around June 2006, the defendant, Solutions 2 Go announced a profit sharing bonus plan for its employees, however, it was not in writing. Solutions 2 Go’s fiscal year is from April 1 to March 31. Employees who worked for the full fiscal year received a full share of the profit sharing bonus. Employees who worked more than 6 months, but less than a year received ½ of the share and those who worked less than 6 months received no share. Sandhu’s share of the profit sharing bonus was a very “significant financial part of her overall compensation” from Solutions 2 Go. On May 25, 2010, Ms. Sandhu was terminated and no cause was alleged. There was no disagreement that The Employment Standards Act, 2000 (“the Act”) applied to Ms. Sandhu. Instead of a notice, she was given a 4 weeks pay, vacation pay and group insurance until June 22, 2010, as said in the Act. On June 18, 2010 Solutions 2 Go announced the 2010 fiscal profit sharing plan bonus and paid its employees. Ms. Sandhu received no share of the profit sharing bonus, despite being employed for the entire fiscal year, which ended on March 31, 2010 so she filed for a motion for summary judgment. The full share for the employees who were employed for the entire 2010 fiscal year was $16,055. In December 2010, the company tried to make its employees to