Legal Risk and Opportunity in Employment
The following assessment will discuss legal risks and opportunities involves in three NewCorp legal encounters. The decision for each counter will be supported by legal principles from management of employee conduct and employment discrimination (Jennings, M. M, 2006).
In Legal Encounter 1, In a principal and agent relationship, NewCorp exercises a great deal of control over Pat Grey. Pat is in high level of supervision and control. His scope of employment is about three months.
NewCorp’s liabilities and risks: If Pat Grey’s contract is writing, the authority of discharge must be in writing. In this case, the discharge order gave by oral ...view middle of the document...
He will be treated in fairly decision-making. In case of later dispute or lawsuit, Peer Review and negligence of Personnel Manual would be the strong support.
NewCorp decision: The management shall recall the previous notice since is not business related. The company shall follow the implied contract- Personnel Manual. NewCorp can send a written notice to Pat Grey of his deficiency and placed a custom Corrective Action Plan (CAP) and peer review for Pat Grey. If Pat’s performance is still unsatisfied within CAP’s period, formal employment termination will follow. NewCorp shall seek legal waivers from Pat Grey who agrees to leave under a understood term.
In Legal Encounter 2, NewCorp’s liabilities and risks are Sexual harassment and employment discrimination involved in legal encounter. NewCorp is not liable for above issues directly but is liable for their supervisor’s harassing conduct. If Sam’s actions are not corrected when he is acting as an agent of NewCorp and especially in a supervisory role, NewCorp would be liable for such high remedies available under Title VII include injunctions, back pay, punitive damages, and attorneys’ fees. If a court finds a violation, it may order that corrective or affirmative action be taken to compensate for past wrongs. The hostile environment harassment is the specific type of sexual harassment in this legal encounter, where the supervisor Sam subjects a subordinate Paula to gestures, sexual comments, or advances which are sufficiently severe and pervasive to alter the conditions of the employee's employment (Jennings 2006, Chapter 20).
Sam and Paula’s risks and liabilities: This is an example of a sexual harassment which involves quid pro quo cases, where an employee is required to submit to sexual advances in order to remain employed, secure a promotion, or obtain a raise. The atmospheres of harassment cases include the invitations, language, pictures, or suggestions become as pervasive as to create a hostile work environment (Jennings, 2006, chapter 20). .
NewCorp’s decision: The Equal Employment Opportunity Commission (EEOC) issued guidelines to employers where they cannot prohibit women form working in certain fields and occupations for safety reasons (Jennings 2006, Chapter 20). However, in this case, NewCorp can establish a bona fide occupational qualification (BFOQ) for legal discrimination issues. It allows NewCorp not to be charged with discrimination when business necessity requires that particular discrimination. NewCorp is liable for sexual harassment due to Sam’s harassing...