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Corporate Law and Employment, Essay Example
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Wrongful Discharge
Given that in the case brief, it was mentioned that the clauses of employment rules deployed and signed between NewCorp and Pat clearly stated that when there is a pending termination to be released, there should be a notification that should first be given. This fact makes it necessary for the company to follow such process, as it is their responsibility to be fair with their employees. This then imposes that the situation that Pat and NewCorp is currently involved in puts the company in a situation that identifies them as an organization not honoring their own policy and the responsibility that they are supposed to consider in relation to their connection with their employee.
According to the constraints and provisions of EEO or Equal Employment Opportunity, employees should not be discriminated nor should they be treated unfairly for doing something that the organization or its board members may not fully be in agreement with, especially if it is not related to the sworn responsibility of the employee. In the case of Pat, no clear reason has been defined and no specific condition of repercussion on his part was further imposed by the company in writing hence making the termination unethical in connection with employee-employment relationship. In this case, it is possible that Pat could have the chance to be redeemed from the termination if he would pass his situation to the Department of Labor and gain assistance in relation to creating a better agreement with NewCorp.
CASE 2:First, to note is the fact that Sam and Paula had a relationship and this specific matter may have an impact on how both intend to deal with each other. This instance is also considered as a relative condition by which Sam and Paula may have some certain issues working together; this instance may cause the company certain losses due to poor performance. Relatively, the move of Paula to be transferred to another department might help in easing the case. Notably though, the reaction of NewCorp based on the reaction of Sam on the transfer may be rather dependent on the Occupational Safety and Health Act. The chemicals, being harmful to the women’s reproductive system may indeed have a long-term effect on Paula’s health. Nevertheless, the case should still be carefully sought through which means that the position of both Sam and Paula on the situation should be further investigated upon rather than easily releasing decision on not transferring Paula to other departments [even not on the department she wishes to transfer to].
CASE 3: Still related to the Occupational Safety and Health Act, the case of Paul needs to be dealt with specific attention to the occurrence of danger and accidents in the area. Since there has already been a historical basis for the dangers that might occur to Paul while he is doing his job, the development of claustrophobia may be strong enough to define the case that Paul established against the company. The unsafe conditions should then prompt the company [NewCorp} to establish new workspace for Paul that would better establish his trust on the safety of the area. This may impose the need to spend for some renovations, but the results are better especially if inspectors from OSHA may need to visit to see the viability of the company’s capability to provide safe workspaces for their employees. In this case, not only would NewCorp be protecting its relation with its current employees such as Paul bit would also make it easier for the company to retain a good reputation in relation to its connection with the employees it is supposed to care for.
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