¶ … legal risk arising from wrongful discharge.
What liability and rights do NewCorp and Pat have in this situation? What legal principles -- such as statutory or case law -- support those liabilities and rights?
When it comes to the first scenario, it is clear that NewCorp fired Pat based upon the views that he expressed at a public gathering. While this cannot be directly proven, various pieces of circumstantial evidence are illustrating how this is the case. As, he was not given any kind of notification for: unsatisfactory behavior at work. This is important, because it means that the company does have a potential legal liability (based upon these actions).
Rule
The statutory rule that company is violating is the provisions of: intentional discrimination (under the Title VII of the Civil Rights Act of 1964). This states that it is illegal for employers, to fire someone based upon: actions that they may not agree with or endorse. As, this is considered to be: targeting an individual for some kind of disciplinary action (to include termination). (Cheeseman, 2010, pp. 511 -- 527)
Analysis
When you analyze this situation in comparison with this law, it is clear that Pat could make an effective argument that NewCorp did not follow these provisions. The reason why, is because there is no track record of any kind of employee performance issues in the past. It was not until Pat voiced his opinions about various political issues (in a public forum), that he became a problem employee. In this aspect, one could argue that NewCorp violated the law (due to the fact that there is no documentation of any kind past employee behavioral issues). As a result, NewCorp has a responsibility to show a pattern of cause for Pat's termination...
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NewCorp Legal Encounter What liabilities and rights do NewCorp and Pat have in this situation? What legal principles, such as statutory or case law, support those liabilities and rights? NewCorp is liable to follow the guidelines of the handbook outlining how to deal with unsatisfactory employees, but they also have the right to dismiss an employee at will. Pat on the other hand, has the right to be informed about the indication of
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