Points of Law
The points at issue of law in this case involving Neocort, the employer and Pat, the employee are related to employment law and specifically whether Pat, the employee of Neocort was properly discharged from his employment with the company. Prior to entering into employment with Neocort Pat signed an employment agreement which stated that that should his job performance be deemed unsatisfactory that Neocort would: (1) notify him of the deficiency in his work; (2) place him on a Corrective Action Plan (CAP); and (3) upon failure to improve to a satisfactory level within the specified period of time, that he would be terminated. Pat acknowledged that he had signed the employment agreement as an 'at-will' employment contract however, the contract contained 'expressed' agreements for the process of termination should the employment of the employee, Pat, be found as deficient by Neocort, the employer. The company, Neocort failed in all aspects of the termination process agreed upon between the company and the employee in that the company: (1) failed to notify Pat of deficiency in his work; and (2) failed to place Pat on a Corrective Action Plan (CAP); and (3) failed to allow Pat the time in which to improve his work to a satisfactory level.
Issues of Law
At issue in this scenario are the following questions: (1) What liabilities and rights, if any, do Neocort or Pat have in this situation? (2) What legal principles (statutory or case law)