BUSINESS LAW College - Case Study Example

If this indeed is the actual reason for Pat's removal, the company could have instead asked Pat to be more circumspective on his observations since they could hurt the company's interests and leave the matter thereat. The company's action is ill-advised and it is putting itself in a difficult position. If Pat decides to file a suit against the firm, there will be consequences which may not be in the company's favor. The company is big and fair enough and this must have been the reason for Pat to quit his earlier job and travel 300 miles for the new job.

His spouse has also sacrificed her job in order to accommodate Pat's new arrangement. Pat's three months at Newcorp is a learning period and the lack of information on any clear reason for his discharge is a pointer to the fact that some reason other than deficiency at the workplace is responsible for the company's decision. Be that as it may, the company has enough powers to terminate Pat's services. However, the reason that they are quoting for their action is nave and the severance pay they are handing him is grossly inadequate.

It would have been better had Newcorp waited for more time till they are capable of analyzing Pat's performance in proper light. By resorting to a knee-jerk action they are only making their position untenable in legal standards. In case Pat does not sign a release of claims and files a suit for higher compensation, the company will have a difficult time in disproving the suit (Severance Pay).Legal Encounter 2What liability, if any, does Newcorp have in this situation What can and cannot Newcorp do In your answer, identify what legal principles (statutory or case law) support your belief.

The liability that Newcorp has in this situation is that it can find itself involved in a case of sexual harassment. Newcorp can heed Sam's argument that the chemicals used in wire coatings could harm an early-state fetus being carried by a newly-pregnant woman. However, there is no information that Paula is pregnant or is likely to be in the near future although she is dating someone. Paula may choose not to be pregnant for a couple of years. Newcorp can still heed Sam's argument and decline Paula's application for transfer to the wire-coating section.

They are acting in good faith although they do not know the underlying reason for the transfer. In case they knew the true reason, they would be bound to act differently.If Paula decides to file a suit of sexual harassment, the company will find it difficult to disprove the suit. Even if they do not respond positively to her application for transfer, they will have the embarrassing case of sexual harassment facing them. In such eventuality, they not only will be forced to part with substantial amount of money as compensation but also take disciplinary measures against Sam.

This is as good as an open-and-shut case. Paula is trying to get away from a difficult situation by