Legal Risk and Opportunity in Employment

Legal Risk and Opportunity in Employment
LAW 351
Legal Risk and Opportunity in Employment
Legal Encounter 1
This case deals with the wrongful termination of Pat the real property manager in Vermont. Pat was hired 30 days ago. According to Vermont labor laws “Vermont is considered an “at will” state.  An employer may terminate an employee for any reason as long as it is not included in one of the protected classes e.g.:  race, color, national origin, religion, sex, age or mental or physical disability. Vermont law also prohibits discrimination based on sexual orientation, HIV status, place of birth, and age over 18” (Department of Labor State of Vermont, 2005). Within this law NewCorps is justified to terminate Pat’s employment.
      Pat has expressed that he signed a contract with NewCorp’s in regards to the policy of unsatisfactory performance and corrective action plan. The policy states, “If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a corrective action plan. If the employee’s performance does not improve to a satisfactory level in the specified time period, termination will follow.” However the paper the Pat signed acknowledged that he received a copy of the form and that it was in no way a contract for employment.
      My recommendation for NewCorp is that Pat should be given the opportunity to get his performance to satisfactory levels. Pat was never warned nor ever notified that his direct manager felt that is performance was not at satisfactory levels. Pat should be notified that his performance is unsatisfactory and then be given a corrective action plan. This gives him a chance to increase his performance and will allow the company to document the steps that were taken in case his performance does not increase. This will also protect NewCorp in case Pat attempts to sue based on wrongful termination.    
Legal Encounter 2
      Sam is an employee for NewCorp and manages the...