Analyze what legal rights your friend might have against her former employer - Essay Example

BUSINESS LAW QUESTION) - Analyze what legal rights your friend might have against her former employer stemming from her employment and termination, what process she would have to follow to pursue each of them, and what defenses she might face from the company. After you consider each of them, what advice would you give her: should she sign the release and take the severance pay, pursue her legal remedies, or do something else WhyANSWER) - Legal rights of an employee:-EMPLOYEMENT RELATIONSHIPS - Like at will employment, individual employment agreement, implied employment contract, collective bargaining agreement, public sector employment laws and regulations.

UNLAWFUL REASONS FOR TERMINATION - Like absent from work, under some new organization policy, refuse to commit an illegal act on behalf of the employer etc.EMPLOYER'S CONTINUING OBLIGATIONS TO YOU - Like final paycheck, medical circumstances, severance pay, retirement benefits etc.YOURS CONTINUING OBLIGATIONS TO YOUR FORMER EMPLOYER - Like confidentiality obligations, defamation etc.ENFORCING YOUR RIGHTS - Like arbitration requirements, grievance requirements, administrative requirements, suing your employer.

Process followed to pursue the legal rights (steps):-1) Don't act on any negative instincts against your employer. 2) Contact an employee's rights lawyer for advice and representation. 3) If you have an employment contract, become familiar with the provisions of the agreement. Inquire about the reasons for your termination. 4) Find out who decided to fire you. 5) Request to view your personnel file. 6) Review promises made by your employer and gather evidence of those promises.7) Request and negotiate a severance package. 8) Confirm all agreements regarding your termination and severance in writing. 9) Do not allow yourself to be intimidated. 10) Return all company property and follow any other common post-employment procedures.

Defense mechanism of the company:-Poor work history.Medical attention or sick leave.Absence from work for jury duty or for refusing to commit perjury as instructed by the employer.Mis-conduct with seniors.Suggestions: - I would suggest you to consult an attorney and discuss your problem with him. Secondly, investigate and obtain the facts necessary to determine whether your employer violated any of your legal rights or not. Never thought of signing a release of all your rights to sue the company and the best way (or part) is to file a case of employment and termination against the company in the court and wait till the result comes.