Legal Risk and Opportunity in Employment.Docx

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Legal Risk and Opportunity in Employment Tester Pester
LAW/531
November 7, 2010
Lame Duck

Abstract
This paper analyzes the legal principles and remedies behind the three scenarios described in the simulation.

Legal Risk and Opportunity in Employment
Legal Encounter One
NewCorp hired Pat Grey as a property manager. NewCorp fired Pat after three months. Pat thinks it is not related to performance but other outside issues. NewCorp maintains that it is not working out with Pat, so he is let go.
Legal Issues 1. Doctrine of promissory estoppels. 2. At-will Employment.
Vermont is an “at will state.” According to the definition of “at will” on the Department Of Labor, Vermont, (n.d) website, An employer may terminate an employee for any reason as long as it is not one of the protect classes e.g.: race, color, national origin, religion, sex, age or mental, or physical disability. NewCorp has not terminated Pat for any of these reasons. Retaliation or discrimination against employees or applicants who have alleged employment discrimination is unlawful (Cheeseman, 2010). Pat has not made any employment discriminations complaints. Pat has also acknowledged signing a statement of employment at-will so he should be aware that he can be let go anytime for no reason. Pat can still establish a claim for wrongful termination under promissory estoppels. He will have to prove the termination breached a specific promise made by NewCorp
(Cheeseman, 2010). According to NewCorp’s employment offer there was no promise of anything other than employment “at will” to Pat. I do not find breach of promise. Pats belief that his views at the local school board meeting had some influence in the decision is merely an assumption. The decision to terminate him was not based on his outside views.
Legal Encounter Two
Supervisor of Electrical Manufacturing Sam was in…...

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