USA: +1(669)289-8683 
Sign in
Learning Team
NewCorp Scenarios Legal Brief
Due 30 June 11:59PM Arizona Time
Apple Inc: What actions should a manager in the selected industry take to identify and protect the tangible property rights of the organization? Please compile all 8 pages to meet the paper requirement of 800-Word, plus summarize the main objectives. Thank you.
Bev – Legal Encounter 1
New Corp is at will company. This means that an at-will company has the right to terminate an employee at any time as long as it is legal. This also means that an employee can leave the company at any time as well. Having an employee handbook does not mean that the company must follow it. In the state of Florida, Bryant v. Shands Teaching hospital & Clinics, 479 So 2d 165,168 (Fla. 1st DCA 1985), the court ruled that the employee handbook was not considered as a contract of employment. Do to New Corp giving Pat a 30 day severance pay; New Corp did not have to give a notice. In the case of Mulver v. Sheffield Industries, Inc. 502 So. 2d 75 (Fla. 3d DCA 1987), the court decided that since Sheffield Industries gave the employee a week of severance pay, this was notice enough.
Pat would have to prove in court that he was terminated because of his statement at the public school board meeting. Unless he has documentation stating this was the reason, it will be hard for him to prove.
References
Estevez, A.M. (September, 2003). The termination process. Retrieved from
http://www.morganlewis.com/pubs/CB187131-C310-420A-81D995COD3BF5FB2_Publication
.
Holzschy, M. (). Just cause vs. employment-at-will. Retrieved from
http://www.businessknowhow.com/manage/justcausevsfreewill.htm
.
Legal Encounter 2
Do to Sam being a supervisory position; New Corp’s liability is greater (Tappero, J. 2012). New Corp will need to make sure they have taken steps to prevent the harassment. Having policies in place and making sure that the employees have read and understand these policies. Also, New Corp will need to purchase insurance to protect their business assets. Sexual harassment is a violation of Title VII of the Civil Rights Act of 1964.
Paula can sue New Corp if they do not stop the sexual harassment. Allowing Sam to have re transfer request denied also puts a liability on New Corp. New Corp will have to terminate Sam do to their policy against sexual harassment and allow Paula to transfer.
Reference
Tappero, J. (February, 2012). Sexual harassment in the workplace. Retrieved from
http://www.westsoundworkforce.com/employer-articles/sexual-harassment-in-the-workplace/
.
Legal Encounter 3
The Occupational Safety and Health Act of 1970 were passed to prevent workers from being killed or seriously harmed at work. The law required employers to provide their employees with working conditions that are free of known dangers (United States Department of Labor). Employers must make sure that the working environment is free of seeable and known dangers. Employees have the right to have OSHA inspect their work environment with any back lash from their employer. When OSHA does an inspection and the inspection comes up with hazards, they can get citation and fines. The employer may be given some time to correct the hazards.
New Corp should take these accusations seriously. They should fix what is needed to make sure that the working environment is safe for all employees. If New Corp does not fix the hazards, they could be faced with fines.
Reference
United States Department of Labor. (). You have the right to a safe workplace. Retrieved from
http://www.osha.gov/workers.html
.
Kat – Legal Encounter 1
Pat knew when signing the employee handbook that he could be terminated as an at will employee. At will employees can be terminated at the employer’s discretion, they do not need a reason. He will have to prove that his outspoken opinion is the reason for his termination from NewCorp if he wants to pursue a wrongful termination claim. This scenario does not state that there was a problem with his performance, therefore the “Notice of Unsatisfactory Performance/Corrective Action Plan” may not apply, meaning he is not a candidate.
NewCorp needs to ensure that they have taken steps to make sure personal views are not a part of the decision to terminate Pat based on a difference of opinions. Both Pat and NewCorp need to keep documented records of their grievances in order to prove the other was in the wrong.
http://definitions.uslegal.com/w/wrongful-termination/
Scenario #2
NewCorp has a big liability in this case because they have provided an environment that promotes sexual harassment, sexual discrimination, and a hostile work environment. Relationships between supervisors and subordinates should not be allowed and in most companies, are against policy. NewCorp should implement zero-tolerance policies for their protection and the employee’s protection. As a manager, Sam should not have any influence on Paula’s job position other than the make sure she is performing to standards set by the company. He should have no input or be able to affect her ability to transfer within the company. NewCorp could easily have forms drawn up for female employee’s that want to work in that part of the company relieving them of liability if there is a problem that arises with a pregnancy.
http://www.workharassment.net/index.php/sexual-harassment-in-the-workplace.html
http://everydaylife.globalpost.com/examples-discrimination-workplace-2751.html
http://www.fcc.gov/encyclopedia/understanding-workplace-harassment-fcc-staff
Scenario #3
Paul has the right to pursue a claim, though it might be difficult to win because the safety inspector has deemed that even though it might not be ideal, it is safe. To prove a valid workers compensation claim, he will need to prove that NewCorp is responsible for his condition. NewCorp could reassess the situation with the location of the machine due to the fact that an employee was hurt and Paul is claiming injury even though it isn’t a physical injury. It would show that they care about their employees and not just meeting regulations.
http://en.wikipedia.org/wiki/OSHA
http://www.osha.gov/doc/outreachtraining/htmlfiles/introsha.html
Hei – Legal Encounter # 1
The rights that Pat has in this situation is that he can ask the company to let him try the corrective action plan to give him a chance to run the properties the way that the employer sees as necessary. Pat also has the right to hire an attorney because he is being wrongfully terminated from his job without being given the opportunity to correct what the employer thought was wrong with his performance. The liabilities that are facing New Corp is that they have a corrective action plan in place and they are willing to terminate an employee without giving them the opportunity to correct their performance. The rights that New Corp has in making sure this is not a wrongful termination is to make sure that the employer is following the proper procedures in the firing or termination of an employee.
Legal Encounter # 2
The liability that faces New Corp in this situation is that they have to figure out if the employee asking for the transfer can do the job they are transferring to. The company of New Corp needs to have the employee sign a waiver that if they do become pregnant that they will notify the company so they can be transferred to a department that will not be harmful to the early-state of a fetus. The legal principles that come in to play in this scenario are the Womens right to work act which allows females to the same jobs as their male counterparts and they will have reasonable accommodations when they are needed.
Legal Encounter # 3
The specific regulations that need to be issued are that the company is making an employee work in unsafe conditions even after the employee stated that the conditions were unsafe to work again. The way that New Corp should address the situation is to see if they can find somewhere to place the machine where the employee can work on it without becoming claustrophobic. The issues that these conditions are unsafe should be fixed if the company wants to make sure that they will not get inspected bu OSHA because employees are complaining about safety issues at work. The legal issues that will arise from this situation will be remedied if New Corp makes the necessary changes that employees are complaining about. The company of New Corp just needs to make sure they are following laws and they are able to keep a safe work environment,
Mer – Legal Encounter #1
A. Liability Risk:
Disparate-Treatment Discrimination: Is a form of discrimination under Title VII of the Civil Rights Act of 1964, whereby “Disparate treatment, in the employment context, refers to when a person is treated different from everyone else. The assertion from Pat that his vocal position on an issue expressed at a local school board meeting falls under the protected class of “religion”. The fact that Pat has been denied the provisions in NewPorts Personnel Manual under the “Unsatisfactory Performance/Corrective Action Plan,” policies give merit and potential violation to Title VII of the Civil Rights Act of 1964. Pats’ right to express his opinion in a public forum to benefit or protect his family or community interest is valid and should not be grounds for termination. The implied tension observed between senior management after the local school board meeting, even thought coincidental in timing may weight in Pat’s favor if legal action taken (US Legal Definitions, 2010).
Employment at will: State of Vermont employment law, as of 1993 enacted the “VERMONT EMPLOYMENT TERMINATION LAW.” The State of Vermont recognizes “THE EMPLOYMENT-AT-WILL DOCTRINE AND ITS EXCEPTIONS”. Under the current, section K. Implied Contract, and L. Employee Handbooks, employment law covers the “express or implies a contract” exists between and employer and employee when there is an employee handbook is evidence of a contract. This section has been up-held by case law Taylor v. National Life Insurance Co., 161 Vt. 457 , 652 A.2d 466 (1993), Supreme Court (Kohn, Dec, 2008 ).
B. NewCorp Liability:
My research assessment in this encounter between NewCorp (employer) and Pat Grey (employee) is that NewCorp has a higher level of liability and could be subject to violation of state and federal laws. In my opinion based on the above information Pat may have a strong case
if senior management proceeds further with their actions.
Legal Encounter #2
A. Liability Risk:
Sexual Harassment discrimination:
* Sexual Harassment discrimination: Is covered under Vermont Fair Employment Practices Act, found in Title 21, chapter 5, Employment Practices, Section 495h(a), “All employers, employment agencies and labor organizations have an obligation to ensure a workplace free of sexual harassment” (State of Vermont, 2010).
* Hostile Work Environment Harassment: Is a form of sexual harassment and is covered under the Federal Title VII of the Civil Rights Act of 1964 and states “Conduct which may give rise to a sexual harassment claim includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature” (Larson, September 2003)
Action Plan
* The suggested method of avoiding further embarrassment and liability to NewCorp and the female employee Paula a follow-up of unlawful sexual harassment training scheduled.
* The supervisor possessing direct authority over his or her subordinates should have refresher course training on the corporate policies and practices on sexual harassment and hostile work environment harassment.
* Possible written formal warning should be issued with potential probation period.
B. NewCorp Liability:
The liability risk NewCorp is considered high for legal costly litigation if corrective action is not taken as soon as possible. Further exposure to this situation may create a work place environment that suggest that NewCorp will allow and condones this type of behavior between employees and management.
Legal Encounter #3
A. Liability Risk:
The most recent situation with the maintenance of the pulp shredder has not resulted in a physical injury, which is confined to a physiological claustrophobic condition with one of our senior maintenance technicians. Not to suggest that the mental injury is any less important, the potential of loss of life and dismemberment is not in this encounter.
Research show that under the (OSHA) there is another federally based program that may help clarify the close working space that NewCorp safety manager may not be aware of. Under the National Institute for Occupational Safety and Health (NIOSH) offer a program “Fatality Assessment and Control Evaluation (FACE) Program Investigations.” The following link (
http://www.cdc.gov/niosh/topics/confinedspce/
) allows detailed inspection and review of in-house and state-based fatality investigation reports of confined space accidents since 1982.
B. NewCorp Liability:
Respect for the senior maintenance technician Paul, how, has performs a critical service for NewCorp in maintaining our equipment and places himself at risk every day. We allow his experience to investigate and troubleshoot NewCorp equipment and make recommendations for repairs as he sees necessary without hesitation. When the environment in which NewCorp asks Paul to work becomes a higher risk or liability to Paul’s safety and health, I suggest NewCorp stop, listen to his recommendation. The opportunity to perform risk management and preventative liability risk reward is higher to ask for assistance than wait for someone to cite blame.
Without a proper NIOSH confined space evaluation NewCorp to higher liability of knowing about a potential problem and not acting to minimizing the risks. A third party evaluation from NIOSH would be prudent. Allow a clean bill of health and safety report from NIOSH to limit NewCorp liability risk in the future (Center for Disease Control and Prevention, May 2009).
References
Center for Disease Control and Prevention. (May 2009). Confined Spaces. Retrieved from
http://www.cdc.gov/niosh/topics/confinespace/
Kohn, R. (Dec 26, 2008). Vermont Employment Termination Law – Updated. Retrieved from
http://www.kohnrath.com/articles/article-2.htm
Larson, A. (September 2003). Sexual Harassment Law. Retrieved from
http://www.expertlaw.com/library/employment/sexual_harassment.html
State of Vermont. (2010). The Vermont Statutes Online. Retrieved from
http://www.leg.state.law.vt.us/statutes/fullchapter.cfm?Title=21&Chapter=005
US Legal Definitions. (2010). Disparate-Treatment Law & Legal Definition. Retrieved from
http://definitions.uslegal.com/disparate-treatment/
University of Phoenix. (2010). NewCorp Legal Scenarios. Retrieved from
https://portal.phoenix.edu/classroom/coursematerials/law_531/20101118
