Research Proposal: Legal Encounters Involving a Fictional Company Newcorp

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Legal Employment Scenario

Employment Law Scenarios:

Legal Encounter

The scenario described in the first Legal Encounter suggests an inconsistency on the part of Newcorp. To the defense of Newcorp, its general policy of maintaining employees at will was designed to afford it greater latitude in maintaining, advancing or dismissing personnel where deemed necessary. And according to the legal premise of this status, it should be seen as the company's right to provide as much or as little notice and justification for its decisions to terminate as it determines necessary.

However, the at will policy is essentially a passive policy, meaning that it remains a latent reality for an employee unless other pretenses have been explicitly provided stating otherwise. In the case of Newcorp, its Personnel Manual does provide explicit detail of the policy and procedures relating to the employee's potential dismissal. As a mode of offering some job security assurances, this becomes something of a more binding policy. Indeed, failure to adhere to the requirement to provide an employee with proper notice of a dissatisfaction with performance may suggest to Mr. Grey that he had been hired and courted away from another position and location under false pretenses. Evidence suggests that a failure on the part of Newcorp to engage even nominally the steps preceding entitlement for termination manifests as a legal failure.

Mr. Grey's challenge is made all the more potent by his claim that political and personal views related in the public forum and outside of the work space may have contributed to his abrupt dismissal. While there may be no way for us to establish the veracity of this claim, in light of other failures in abiding due process when approaching Mr. Grey's dismissal, these claims strengthen his position that he was dismissed on false or legally unjust grounds.

This constitutes a liability on the part of Newcorp connecting Grey's termination to some of the conceptual protections that may exist for those working under at will conditions. Namely, "if permitted in the particular state, at-will employees file cases based upon torts, which are alleged wrongdoing by the employer. For example, an employee may file a case based upon wrongful termination with a malicious motive, intentional infliction of emotional distress and invasion of privacy, among others." (Jessica, 1) for Newcorp, this denotes a necessity to determine whether its state of primary operation provides such tort prospects. Given that the connection which Grey has made between his political views and his termination is more concretely stated than the cause for termination on the part of Newcorp, it is reasonable to believe that court would be willing to hear the case arguing an invasion of privacy or the presence of malicious motive in termination.

Legal Encounter 2:

The legal conditions relating to Paula's mistreatment, obstruction from advancement and general experience of hostility at the workplace reflect something of a clearcut case of sexual harassment on the part of Sam. Both in terms of the gender discrimination evidenced by the claim that Paula's detention from transfer was based on the hypothetical possibility that she could become pregnant and due to Sam's history of unwanted sexual advance toward Paula, there is considerable evidence that Sam's behavior was in clear violation of Title VII of the Civil Rights Act of 1964. This would be among the first pieces of legislation building a legal protection for those subjected to unwanted sexual attention or prevented from career opportunities for reasons relating to sex or gender.

Indeed, there are some very clear elements of Title VII which are not up for debate and, if allegations are proved to be true, such elements would commonly result in a judicial decision finding in favor of the plaintiff. Essentially in this scenario, there is a legal precedent for such a quid-pro-quo case of workplace harassment, which "involves making conditions of employment (hiring, promotion, retention, etc.) contingent on the victim's providing sexual favors." (Brown, 1) There is no gray… [END OF PREVIEW]

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Cite This Research Proposal:

APA Format

Legal Encounters Involving a Fictional Company Newcorp.  (2009, August 31).  Retrieved June 18, 2019, from https://www.essaytown.com/subjects/paper/legal-encounters-involving-fictional/988773

MLA Format

"Legal Encounters Involving a Fictional Company Newcorp."  31 August 2009.  Web.  18 June 2019. <https://www.essaytown.com/subjects/paper/legal-encounters-involving-fictional/988773>.

Chicago Format

"Legal Encounters Involving a Fictional Company Newcorp."  Essaytown.com.  August 31, 2009.  Accessed June 18, 2019.
https://www.essaytown.com/subjects/paper/legal-encounters-involving-fictional/988773.