Business / NewCorp Legal Scenario
NewCorp Legal Scenario
Autor: Zomby 03 January 2012
Words: 1408 | Pages: 6
NewCorp Legal Scenarios
Bus. Law 531
October 31, 2011
Judy Gray, J.D.
NewCorp Legal Scenarios
On the issue of legal matters, many businesses in the United States do not have staff counsel and do not want to spend the money to obtain advice from an attorney until after they have an assessment of the legal encounters in question. The following are brief assessments of three legal encounters involving NewCorp and the legal principles that support the decision made in each encounter.
Legal Encounter One
Pat rearranged his life to take a position at NewCorp and made major changes and adjustments to pursue this position. Pat relocated, sold his home and his wife left her job and are totally dependent on his employment with NewCorp. The termination after 90 days and only one verbal warning is the result of discrimination by his manager. If management is knowingly terminating him for his participation in the local school board meeting that is against the law. One violation is the violation Intentional Discrimination act because what Pat’s manager is doing is cruel and malicious. Because management had no prior issues with Pat, what other conclusion could he come to besides this or one or retaliation?
According to Cheeseman:, the aggrieved party can recover compensatory damages in a case involving intentional discrimination. A court can award punitive damages against an employer if malice or reckless indifference to federally protected rights has been violated The caps of compensatory and punitive damages are different amounts of money, depending on the size of the employer (Cheeseman, 2010).
Pat sacrificed a great deal to join this company both monetarily and physically and should be compensated accordingly because he must find new employment and may have to move his family and sell his home once again.
Another violation that Pat could use against NewCorp is retaliation. Pat is being terminated for no existing reason and has not gotten any prior write ups. The burden will be on NewCorp to prove that Pat is being dismissed for just and verified cause. They will have to show a paper trail documenting this and have Pat’s signature on the documents.
In Title VII of the Civil Rights Act of 1964 employers are expressly prohibited from retaliating against an employee for filing a charge of discrimination or participating in a discrimination proceedings regarding race, color, national origin, sex, or religious discrimination. Acts of retalia ...