Legal Risk and Opportunity Law/531

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Legal Risk and Opportunity in Employment
Business Law- LAW/531

Legal Risk and Opportunity in Employment

Legal Encounter #1 In legal encounter 1, there are definite liability issues on WireTechs behalf. The first legal principle is the employee handbook presented to Clark at the beginning of his employment with WireTech. The employee handbook could represent a contract between the employer and the employee. Upon employment Clark did acknowledge that the company had an “at will” policy when terminating employees. WireTech presented Clark with an employee manual upon hiring him that states,“ If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a corrective actions plan” (Syllabus, 2010). Unfortunately, WireTech never put Clark on a corrective action plan nor did WireTech give Clark any indication that they were unsatisfied with his performance until they were prepared to let him go. According to Jennings, ”Many courts have implied the existence of a contract due to the presence of promises, procedures, and policies in an employee personnel manual. Personnel manuals have been held to constitute, both expressly and impliedly, employee contracts or to become part of the employee contract when they are given to employees at the outset”(Jennings, pg.727). One factor that determines an implied contract is the reliance on the employee manual (Jennings, 2006). With this information being known Clark has the right to consult with an attorney if he chose to do so. In the case of Dillon v. Champion Jogbra, Inc. Linda Dillion brought a suit against Jogbra for wrongful termination. Ms. Dillion’s case is very similar to Clark's situation however; Clark will have to prove that he was wrongfully terminated. It may be difficult for Clark to do because WireTech is an “at will” employer, and Clark signed…...

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