LAW 531 Week 4 Assignment Legal Risk and Opportunity in Employment
This archive file contains LAW 531 Week 4 Assignment Legal Risk and Opportunity in Employment
By law, the handbook is the intended employment deal. (Jennings, 2006). Newcorp might be responsible of violation of agreement since management didn’t abide by the handbook’s Corrective Action Plan (CAP) firing process. In Newcorp’s defense, Grey signed an employment at-will understanding, however in unclear cases; appellate courts usually make reference to the handbook as the intended agreement. In Dillon v. Champion Jogbra, Inc. 819 A.2d 703 (Vt. 2002), the handbook took precedence when the complainant was advised after 10 days on the new job that she was being laid off without cause. (Jennings, 2006). Newcorp’s defense is that Grey signed the employment at-will knowing after he obtained the handbook, which means his approval of new agreement conditions. (Jennings, 2006). One more defense is that the CAP process in the manual is applicable to those with poor job performance. Supposing that the manual doesn’t have a policy on other reasons for firing, Newcorp may defend that Grey’s firing wasn’t performance linked, and as per the at-will employment contract which Grey signed, Newcorp isn’t obliged to offer any causes of firing apart from verify that the firing wasn’t performance linked.