Newcorp_Legal_Scenarios

Running Head: RECOGNIZING NEWCORP LIABILITIES NewCorp Legal Scenarios Haydee Acebo LAW/531 Monday, March 1st, 2010 Denise Brown NewCorp Legal Scenarios This report will serve to present liabilities NewCorp has with the following encounters. I will also present regulatory, compliance requirements, and legal principles (statutory or case law) that are relevant to the scenarios. Involuntarily terminated from a job, Furthermore, even if Pat, qualifies for the corrective action plan, the State where he is employed is at will, meaning that although a system is preferable, the company can still skip this step. On the other hand, I don’t think Pat can use the Whistleblower Protection Act, the Disparate Treatment, or any other Title VII Acts as a defense for the unfriendly treatment senior management gave Pat after a school board meeting where Pat’s comments were unpopular among attendees. In conclusion, managers at NewCorp need to make understanding letters clear, and that specify if management and supervisors qualify for the company’s corrective action. Also, management should have drafted a termination letter that explains a termination reason for Pat. Having a copy of this letter can help to document the fact for the unemployment office or future lawsuits. On the other hand, NewCorp faces a second liability under the legal principal of Sex Discrimination, “Many of the initial discrimination suits were brought in response to “protective legislation,”which consisted of state statutes that prohibited women from working in certain fields and occupations for safety reasons,”(Jennings, 2006, p. 802). Sam prohibited Paula to transfer to another department and used the pretext that chemicals could harm Paula’s fetus if she were to become pregnant, leaving NewCorp exposed to another liability. The exercise does not mention Sam is a medical expert; therefore, his opinion has no support. Sam could have requested a medical opinion before making the decision of impeding Paula to transfer over to the wire-coating department. In closing, I think management at NewCorp needs to train its employees on what Sexual Harassment is. This training should cover employee’s expectations about sexual or any kind of harassment, how the investigation is handled, and what the consequences are if employees are found guilty. On the other hand, NewCorp faces another liability by the above mentioned working conditions, worker’s compensation. It is true that Paul is entitled to worker’s compensation benefits. His claims of becoming claustrophobic after working in a confined space make him eligible, “The standard for recovery under the workers’ compensation system is that the injury originate in the workplace, be caused by the workplace, or develop over time in the workplace,” (Jennings, 2006, p. 756). Nevertheless, Paul cannot file a lawsuit against NewCorp once he accepts worker’s compensation benefits, “In exchange for these benefits, employees, their families, and dependents give up their common-law right to sue an employer for damages,” (Jennings, 2006, p. 756). However, Paul has the right to re-open this case if he is not satisfied with the overall result, and the claim is closed. In conclusion, managers and employees at NewCorp need to receive safety training at the beginning of employment to avoid any accidents, and worker compensation claims. The safety manager should have consulted with another expert about a solution for the confined space before ruling it as a safe working environment. Worker compensation can turn out extremely expensive, it can cover medical treatment, and all the way to permanent partial disability compensation that can wipe the company by thousands of dollars. References: Department of Labor State of Vermont. (2010). www.vermont.gov. Retrieved from http://www.labor.vermont.gov/Workers/Employed/CanmyEmployerdoThat/tabid/253/Default.aspx Jennings, M. M. (2006). Business: Its Legal, Ethical, and Global Environment (7th ed.). Mason, OH: Thomson Learning, Inc