In this first legal encounter, NewCorp wrongfully discharges Pat without notice. A wrongful discharge in a company happens when the employees of an organization are wrongfully terminated or undergone some other adverse employment decisions (Brassil, 2007). A wrongful discharge can happen to an employee because of a number of reasons: sex discrimination, national origin discrimination, religious discrimination, height discrimination, age discrimination, arrest record discrimination, weight discrimination, age discrimination, whistleblower retaliation, breach of public policy, breach of contract, defamation, battery and assault.
The company, NewCorp’s plan on dismissing an employee only stated that an employee would only be terminated if he or she would be found unsatisfactory and after a notification of the deficiency. Additionally, the employee would only be dismissed when if the worker’s performance would not improve after been put on a probation period. NewCorp did not do this in relation to Pat’s case, rather the company just dismissed him on the grounds of that things were not working out well. Pat can sue NewCorp because his dismissal was a wrongful one since he was not put on a probation period as the contract stipulated.
Additionally, Pat is of the view that he was wrongfully dismissed because the company management became unfriendly towards him after he was vocal at a local school board meeting. In this case, Paul has a right to sue the company for unfair dismissal and the company would be liable to reimburse him for any damages caused. Legal encounter 2 Sam is a supervisor of a company who was romantically linked with one of the employees, Paula. After a while, Paula started dating another man who was not an employee of the company and ended the relationship with Sam.
Sam still insisted on dating Paula but she flatly refused and this led Sam to suggest that Paula’s work might be suffering from lack of interest. Paula decided to file for a transfer to another department in the company to avoid Sam. However, Sam blocked the transfer on grounds that the department could be harmful to Paola’s reproductive health. On the other hand, Paola was of the view that this was Sam’s way of controlling her and that it was illegal discrimination. If Paola was to sue the company for illegal discrimination then she has to specify on what grounds.
On the other hand, the company would retaliate and state that it was just been wary and acting carefully because Paola is female and that the department where she was to go work was unsafe for her because of the chemicals that were used that could harm an early fetus. On the other hand, this is not a good reason for not employing Paola in the wire-coating department. Paola can sue the company because she was denying the job because of illegal discrimination and she can seek the necessary remedies like a court order to stop the discrimination, back pay, compensation for pain and suffering and restoration of her old job.
Additionally, if the company can be found guilty of illegal discrimination, then it will be liable to pay a huge amount of money in punitive damages (Brassil, 2007). Legal encounter 3 Companies should always provide employee safety training to avoid complaints from the employees such as the one witnessed between NewCorp and Paul. The first steps that companies should take to ensure safety at the workplace are to provide the relevant training exercises create safety committees, check government regulations about the type of training and frequency that the company is required to provide.
Additionally, companies should also invest in safety training materials that can be used at the workplace. This will be cost efficient and helpful to have the necessary training that needs to be provided to all employees on a yearly basis. Additionally, document training and retaining records are useful as they are often subject to review by OSHA inspectors and the law requires that these records should include the date, name and the training topics.
If NewCorp had considered all this, then it would be difficult for an employee like Paul to file a suit against the company because the workplace is a dangerous place. Additionally, if NewCorp did not train its employees on safety issues at the workplace, then it would be liable to any suit from its employees on the grounds of working in dangerous situations. It is therefore advisable for companies to ensure that all the safety guidelines are enhanced to avoid any risks or accidents at the workplace. REFERENCES Brassil, B. (2007). Excel HSC legal studies. New York, NY: Pascal Press.