The Neocort Scenario: Points of Law

Given the culture these days of “No Win - No Fee” solicitors, the majority of employers have legal expenses cover that allows them to be guided through all employment issues by professionals who have the expertise in employment law. Owners/managers are advised to use this service for even the smallest employment issue as not following due process can prove costly for employers. In addition, these experts and the advice they give are non-biased and in accordance with current employment legislation.

2. General Employment 2.1 At-Will Employment Employment with Mark Gasparini, DPM, P.C. is "at-will." This means employees are free to resign at any time, with or without cause, and Mark Gasparini, DPM, P.C. may terminate the employment relationship at any time, with or without cause or advance notice. As an at-will employee, it is not guaranteed, in any manner, that you will be employed with Mark Gasparini, DPM, P.C. for any set period of time. The policies set forth in this employee handbook are the policies that are in effect at the time of publication. They may be amended, modified, or terminated at any time by Mark Gasparini, DPM, P.C., except for the policy on at-will employment, which may be modified only by a signed, written agreement between the

As far as the ruling, as I had alluded to, I would find him not guilty. However, not knowing their policies, there may be violations that need addressed, but I would not uphold the termination based on what was presented in this hearing. I would also reinstate him to his prior position with back pay. As we say about criminal cases, not guilty doesn’t mean they’re innocent, it simply means there’s not enough evidence to find them guilty.

Probably no. In order to establish a claim for wrongful discharge, Chigurh would have to prove that (1) the employment contract for a specific term does not bar his suit; (2) that he was constructively discharged; and (3) that Moss did not hold good cause in terminating his employment. Here, the “Professional Employment Contract for Specific Term” held an at will provision, making it not a contract for a specific term, which will allow Chigurh to bring suit. Chigurh being moved from executive chef to line chef coupled with a $17,500 pay reduction will likely prove so intolerable that the only reasonable option was to quit, resulting in him being constructively discharged. However, BWO will likely be able to prove Chigurh was terminated for good cause either because employers have more discretion in terminating managerial employees, or for the financial factors associated with not performing the agreement with Wells.

1. What is the legal issue in this case? Linda Dillon appealed her case against her employer, Champion Jogbra, on the grounds of wrongful termination. The company’s progressive policy for disciplinary action was not applied. Therefore, Dillon makes her claim that her at will status was modified according to the employee handbook and practices. Employee’s handbook should be written clearly and reviewed by legal experts (Walsh, 2010). Champion Jogbra countered that Dillon was an at-will employee and she could be terminated at any time. Dillon also, argues against that the

I was advised the employee resigned due to the company’s new policy on shift work. All of the production staff would be required to work 4 days in a row,10

When we are dealing with the employment relationship between employers and employees, ethical issues are most likely to emerge. Especially, if a manager fires a worker without a proper reason, critics will follow this employer’s behavior. In Patricia Werhane’s paper, “Employment at Will and Due Process”, discusses two doctrines which are Employment at Will (EAW) and Due Process. It also addresses some justifications and objections for EAW, and shows Werhane’s supportive view to Due Process. In contrast, EAW is defended by Richard Epstein in his article “In Defense of the Contract at Will”. In my paper, I will attempt to develop my argument in favor of Employment at Will that could improve flexibility and efficiency of

Under the fair reason of capability, it is advised that the employer should hold a full investigation as to why the employee was incapable of doing the job required. Also protection to the employee is highlighted where a lack of skills are concerned, the ACAS code of practice states that they should be given full training where practicable, and reasonable time to improve. Even if the employee is incompetent at his work, the employer can still lose their case if they have not provided training or time to adapt, such as they will have failed to act reasonably in the dismissal. The case of Doolan in 2011 stated that where an employee is not medically clear to return to their job, it is down to the employer to make reasonable investigations,

Failure to provide reasonable notice, is grounds for wrongful dismissal. Therefore, the court has to consider certain criteria, established in Bardal v. Globe & Mail Ltd., [1960] O.W.N. 253 (H.C.J.), to decide whether or not Cooper received enough termination notice. A relevant factor is Cooper’s age; 48 years old. Generally, employees are supposed to receive a greater termination notice the closer they are to 50 years old. Cooper’s position within the company is also a relevant factor in wrongfully dismissal, and for

In accordance with the employment at-will doctrine, it informs that employers can dismiss an employee with or without any reason at all yet there are several laws that secure employees from being terminated. My theory with the Steven’s case is it’s basically not his fault due to the circumstances he was under sworn testimony by the court and he must absolutely tell the truth, now he did the company must give it some thought before firing him permanently from the company however as an employee he does have civil rights. Before making any decisions, I would suggest he read his union contract and if he still thinks he was wrongfully fired he should seek a lawyer to see if he has a lawsuit for wrongful termination. Several people are wrongfully

Australian common law largely depends on the discretion held by the court under equitable doctrine. If the termination of employment occurs as a result of employer’s wrongful repudiatory breach, the employee may be relieved from contractual obligations including restrictive covenants. However, the employer can seek for damages if the ex-employee breaches the equitable duty.[ Briggs v Oates [1990] ICR 473]

More specifically, Plaintiff’s employment agreement contained no explicit period of service, no clear limit on the employer’s freedom of action and thus, allowed either party to terminate the relationship at any time or for any reason. During that time, Plaintiff unreasonably acted in reliance on a good faith assumption despite the absence of any clearly defined limitations, obligations or evidence demonstrating a modification to this

The cycle of an employer 's workforce includes the hiring and firing of employees. Issues can arise if either one of the requirements is done incorrectly. Resulting in a law suit or bitter employee that could cause problems for the employer later on. We 'll discuss some of the employment laws employers need to follow, the importance of documentation, disciplinary action and when legal advice may be necessary.

The nature of ETO in the context of business was effectively reconsidered in Thompson v. SCS Consulting Ltd & Ors [2001] EAT 34/00 with the emphasis for subsequent Employment Tribunals (ET) to consider if the principle reason for dismissal was demonstrably linked to the survivability and continuity of the business. The Employment Appeal Tribunal (EAT) affirmed the ET decision and the necessity of reviewing any evidence suggesting collusion between transferor and transferee regarding dismissals, together with consideration of the available funds for business continuation at time of the dismissal. By way of commentary based on a number of EAT decisions, the actual findings were dependent upon the timing so if occurring just prior to the transfer period, these were likely to be judged directly associated with the transfer. Conversely the casual link is more challenging to prove if the time delay was significant. To assist further analysis it is useful to consider Ibex Trading Co Ltd v. Walton & Others [1994] IRLR 564 EAT. In this case the employees were dismissed on the 16th October, 1991 with the effective date being the 4th November 1991, with the offer to purchase of the business on the 11th November and completed on the 13th February 1992. The EAT reaffirmed the ET decision that the dismissal was fair, as it was only connected with a possible transfer and not necessarily the actual transfer, and therefore it had not contravened the meaning of Regulation 8(1). In this

Tort law is an area of law that focuses on the civil wrongful action of an individual that causes injury to the other party. The action causes someone else to suffer loss hence a legal liability. The loss may be property, personal reputation or life-related requires that the affected entity be compensated by the cause of the damage. The concept of tort law is applicable in handling civil issues in the world of today hence a relevant area of study (Gardipee, 2013). The paper seeks to address the legal concept of tort, the relation to the case of a famous United States of America pharmacist Robert Courtney.it will further dwell on other lawsuit associated with the victim in the case scenario.