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At-Will Employer

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Case A.

Elaine, who received was a letter that she had been given, which said that her annual salary would be $30,000 and she would receive a good opportunities at this company two months ago.  Right now, Elaine has sued her employer Jerry for he has discharged her without any reasoning or rationalization.  This case of the legal issues might involve the exception to the

“At-Will Employer” doctrine and consist a possibility of discrimination about Elaine’s role in the termination of her job, Jerry decided to hire a man in for Elaine’s position after fire Elaine. Kramer, who Jerry decided to fire, had less job experience and education than Elaine. Elaine’s opinion is Jerry violated the “Fair Employment Practices Act” for discriminate against her gender because the new employee, Kramer, who is a male.  Elaine wishes to have her job back and have $30,000 annual salary. The word “It is unlawful to job discrimination based on race, color, national origin, sex, and religion.” Is in the Fair Employment Practices Act. (pg.428). Beginning this case, we must should be clearly answered for those questions.  Did Jerry have a right to discharge Elaine without reasoning or rationalization? Did Elaine has sufficient evidences to prove that Jerry discriminated against her and ethics violation?  Have any employment contracts between Elaine and Jerry?

For this case, Elaine and her attorney may focus on a statutory exception or a contract exception. Elaine received an offer letter for a great job from Jerry.  This offer letter look like promised good job opportunities in this company and stated an annual salary. Elaine’s attorney can use this point to argue that great career opportunities means this company will give Elaine a long-term employment and she was not easily be fire. Those would show the jury or judge that there was a contract exception because Jerry is breach this contract. Elaine’s attorney also can argue that Jerry discharged Elaine because of discrimination. The attorney can say because Jerry discriminate woman so he fired Elaine and hired a male worker who has less education than Elaine. This points to Jerry deciding that he discriminated female worker and it is also implied that this new worker is male because of his lesser amount of education. If Elaine’s attorney can demonstrate that Jerry discriminated female, they will be a victory in this lawsuit.

However, Jerry fired Elaine because she cannot competent this job. Everyone knows some jobs are very difficult to learn and very complex to control.  Elaine might have been make many different mistakes or cannot solve some questions through those two months. If the fact likes that, Jerry will have a strong case to against a lawsuit. Jerry’s business is an At-Will Employer that is the strongest legal issue that jerry has on his side. This is why employees do not have contracts and Jerry can discharge Elaine with no reason. About the discrimination, after Jerry discharged Elaine, he hired a male who had less education. If Jerry wanted to cut costs, this would be a very good argument to against a lawsuit. Jerry and his attorney have rather strong legal grounds to against this lawsuit.



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