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Wrongful termination case study
Wrongful termination case study
Termination without cause a case study
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Introduction In this law brief, I will discuss two cases that all stem from one series of incidents. First, Greene Jewelry Company sued its former employee, Jennifer Lawson, for breach of confidentiality. Ms. Lawson is countersuing her former company for wrongful termination. In order to discuss all aspects of the cases against Greene Jewelry, I will address the aspects of the case individually.
Application of the Law to the Facts
Wrongful Termination
First, Ms. Lawson has sued Greene Jewelry Company for wrongful termination. Ms. Lawson, at the time of her firing, was an at-will employee, subject to termination for in reality what amounts to whatever reason the employer gives to fire someone. Muhl (2001) defined at-will employment as the
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Arnold Worldwide (2006) In many cases, employees are hired with the notion that their employment is at-will, and may even sign documentation to that effect. This is the case in Dore v. Arnold Worldwide (2006). Dore accepted employment with Arnold Worldwide. He signed a letter of employment which stipulated the terms of his employment, and also confirmed his status as an at-will employee. Approximately two years after his employment, Dore was terminated. He sued the company, stating that it represented through reviews that his status with the company had changed. The California Supreme Court ruled that Arnold Worldwide was well within their rights to terminate Dore, and Dore had no proof his employment status had changed (Stanford, …show more content…
Ms. Lawson was an at-will employee, and at no time during her employment did her status change. Although Ms. Lawson received high marks for her job performance, she was chronically tardy. The company terminated Ms. Lawson’s employment because of economic hardship. In addition, Ms. Lawson clearly violated breach of confidentiality when she discovered she had accidentally taken a memo about the process by which Ever-Gold is made, and gave it to her new employer. In addition, Greene Jewelry should continue its lawsuit against Howell Jewelry, as it appears we have a strong case for copyright infringement for the manufacturing of Ever-Gold. Our only difficulty is the timing of her termination, which came at the same time she told the company she was in a high-risk pregnancy and would need to take time
It is the case against “Dr. Wolodzko” (defendant) by “Mrs. Stowers” (the plaintiff) in Wayne County court for the actions taken by the defendant and confinement of the plaintiff in the private mental hospital based on valid court order.
The book, Celebrated Cases of Judge Dee (Dee Goong An), takes place in China, during the Tang dynasty. The Tang dynasty took place from 618-907 CE and included both Confucian and Legalist influences. Located in the Province of Shantung, is the town district called Chang-Ping, where Dee Goong An served as the town 's magistrate. A magistrate is a judge, detective, and peacekeeper who captures criminals and is responsible for their punishments. The people of China looked at magistrates as the "mother and father" of their town. Magistrates received a large amount of respect from the people due to the amount of authority and power they had. With so many people relying on him to make their home
General education high school teacher, Michael Withers, failed to comply with his student’s Individual Education Plan (IEP). D.D. Doe’s IEP required tests to be read orally. Despite knowledge of this IEP and being instructed to follow the IEP by the superintendent, school principal, special education director, and special education teacher, Withers still refused to make the accommodations for D.D.’s handicapping condition. As a result, D.D. failed the history class. His parents filed charges against Withers, arguing that D.D was not afforded the right to a Free and Appropriate Public Education (FAPE) promised to all students by the Individuals with Disabilities Education Act (IDEA). They also filed a claim for injuctive relief against the Taylor County Board of Education to enforce the laws that protect handicapped students.
Recommendations: It is recommended that our law office regretfully deny service to Ms. Carry based upon the precedent in Kentucky. Based upon the analysis the issue, it is apparent that Ms. Carry would not receive a promising conclusion to her situation. Due to the facts involved and the cases discussed (which are somewhat on point) Ms. Carry does not make a claim in which relief can be granted.
In the pleadings, a complaint needs to be filed by the plaintiff with the court and the defendants. In this case, the complaint was filed for wrongful death and injunctions. The complaint was given to both companies on May 14, 1982. Then, the defendants must answer within twenty-four hours of receiving the complaint to the summon or risk losing the case by default of the court. W.R. Grace denied the allegations against them. Also, their other defenses was that the complaint didn’t state any cause of action, in the complaint the company named was misnamed, the company followed the due of care at all times and acted in “good faith,” and the claims against them are barred. The next step is the methods of discovery.
Plaintiff Debra Denise Gregg filed a sexual harassment suit for violations of Title VII, and the District of Columbia Human Rights Act against Hay-Adams Hotel. She sought $1,000,000 in compensatory damages and $1,000,000 for damages resulting from emotional distress and $1,000,000 in punitive damages. Plaintiff Anthony Gregg brought the claim for damages resulting from loss of companionship and consortium in the amount of $1,000,000. The judges dismissed the case on the grounds that the plaintiff’s accounts lacked consortium and that the facts did not support her claims for emotional distress and punitive damage.
The decision to terminate an employee may be difficult for some managers depending on the situation at hand. Today, many states have adopted the employment at will law to fire employees for any or no reason, with the exception of employees that have a contract in place. According to Erickson (2008), “The basis for an employer to terminate an employee without being sued is the employment-at-will doctrine. This doctrine is a statement that is signed by both the employee and employer at the time of hire that states that the employee can quit at any time for any reason without notice and that the employer can terminate the employee at any time for any legal reason.” On the contrary to the definition of “At-Will” employment, Pozgar (2012) states, “The employment-at-will common law doctrine is not truly applicable in today’s society and many courts have recognized this fact. The twentieth century has witnessed significant changes in socio-economic values that have led to reassessment of the common law rule (p. 494). An example of an organization hiring on an employment on an at-will basis but terminating an employee without justifying the cause of action was the case of Joseph Casias versus Corporation. By law, an employer has to follow guidelines that essentially make ethos rules null and void because there is nothing to adhere to, especially in a circumstance where the employee is terminated by the at-will policy. In this situation, if the employer terminated by allegations that this employee was an active drug user. However, by law, according to Mr. Casias and his attorney, this employee had legitimate reasons for being involved in obtaining and smoking marijuana. As discussed in the case, the law protect employees from illegitimate...
Let us briefly suppose that I recently bought a new gold watch. I was particularly happy that my watch was made of the finest, and rarest, gold in the area. Suppose, though, that one day I passed the factory where it was made, and ...
Kimberly Ellerth worked as salesperson in of the divisions of Burlington Industries for fifteen months. She quitted her job and alleged that she had been subject of constant sexual harassment by one of his supervisors. During her employed she did not report about sexual harassment to her supervisors and after quitting the job she suit against Burlington for the constructive discharge in violation of Title VII. District court found that the behavior of supervisor created the hostile work environment. The defendants claim was they never knew about the situation and was not reported by the employee about the issue so that they could act upon it. The court of appeals reversed imposing vicarious liability on Burlington.
The Department of Labor believed that Eileen Foster a whistleblower at Countrywide Financial was improperly terminated by Bank of America Corp. Foster was a vice president in charge of investigating fraud at Countrywide Financial who took her job seriously. A Countrywide employee in Boston contacted Eileen Foster with evidence of widespread loan fraud, foster investigated and confirmed the employee’s report and eventually shut down six Countrywide offices in Massachusetts. As a government investigator for this case, I feel that the employee did the right thing by contacting Foster (Fraedrich, Ferrell, & Jackson, 2011).
Guillot asserts that Lisa began to review Desvigne Sr.’s bank records and discovered that Janet Desvigne, Desvigne Sr.’s power of attorney, had given Solomon an additional $17,000.00 before the testator passed away. As a result, Guillot filed a “Motion for Accounting” to determine what happened with said funds. Janet was never officially deposed but informed counsel that the funds were allegedly placed in Janet’s personal bank account; Janet then forwarded a payment of $17,000.00 to Solomon. Guillot doesn’t recall if Janet explained why Solomon asked for the money. To date Solomon has failed to respond to Guillot’s and bar counsel’s inquiry regarding the $17,000.00. Guillot was able to provide this office with a copy of the check Janet wrote out to Solomon on September 16, 2013. The check was made out to “Solomon Law Order” on September 16, 2013 for $17,000.00
Hale was 60 years old when he was hired. Little did he know 4 years later he would be unemployed, the board informed Mr. Hale that he needs to leave the company he asked if he could stay on until the end of the year to retire with full benefits the board agreed. Mr. Hale was unhappy because he was forced into retirement, so he filed an age discrimination suit. While in court during the discovery he uncovers during a board meeting it was stated that Mr. Hale was too old. The courts ruled in favor for Mr. Hale and he could continue with his lawsuit, since the courts agreed with Mr. Hale APUSA settled the case (Gerber, 2011).
The first article is about a wrongful termination case that occurred in 2008. This case involved and full-service contractor name Paul Blakeslee that worked for a company called; Shaw Environmental and Infrastructure. Blakeslee was overseeing over 40 representatives dealing with a $100+ million agreement to uphold offices at Fort Richardson and Fort Wainwright in Alaska. When Blakeslee discovered that Shaw's Alaska venture supervisor claimed a third of an alternate privately owned business that was renting about $2 million in gear to Shaw, often without accepting any bids from competitors, he chose to write Shaw’s CEO a letter reporting the activity. “According to the lawsuit, Blakeslee said the project manager found out about the planned letter Blakeslee was writing to the company's CEO and threatened to lay him off” (Lorene Schaefer). The threat happened on a Friday and that following Monday, Blakeslee found out the company was ending his position, saying the reason was to save money.
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
...any claimed to have fired him for “cause” which means he had been convicted or entered a no-contest plea to a felony or had been found guilty of fraud or embezzlement. The suit seeks damages and a retraction of company statements that said Orlick was fired for "cause." This cases outcome has not yet been published.