Employee Firing Case Study

Elaine was fired by Jerry after being employed for a short while. Elaine is suing Jerry to get her job back. Shortly after Elaine was fired, Jerry hired a man name Kramer who has less experience and education than Elaine. Elaine was discharged with no reason because she was at-will employee. Elaine needs to figure out what the legal facts are behind her termination. The main question that needs to be asked is whether or not Elaine was wrongfully discharged. In order for Elaine to sue her former employer, she must prove that she was wrongfully discharged. Was there statutory exception? Federal labor law prohibits employers from discharging employee-members of labor unions in violation of labor laws or collective bargaining agreements. Title VII along with federal and state law also prohibit discharge based on discrimination of race, gender, religious belief, age, handicap, or any other form of discrimination. This is probably the best chance Elaine will have to make a case for a lawsuit. Elaine must decide if she feels that Jerry discharged her because of the fact that she is a woman or else because of her age. Unfortunately for people who are discriminated against, this is always something that is hard to prove. Elaine can also ask herself, was there a contract exception or breach of contract? Sometimes an employer and an employ may have an implied-in-fact contract. This would include a company handbook, company bulletin, or policies and procedures book with mention that employees who perform their jobs properly will not be discharged. Elaine may have some legal ground here depending on the details of her offer letter as well as if Jerry has a company handbook. Another legal question that Elaine should ask herself is, is there a public policy exception? This refers to the policy of the local jurisdiction. A company may not discharge an employee for serving as a juror, refusing to do an act in violation of the law, or refusing to distribute a defective product. Elaine may also consider asking herself if there was a tort If exception. her employer has committed fraud, inflicted emotional distress, or caused defamation of character, Elaine will be able to sue. If any of these legal issues can be proven in Elaines case, she will have a good leg to stand on when she sues her former employer. Elaine might have a case against Jerry for wrongful termination. It will all come down to the decision of the judge or the jury. Elaine and her attorney will focus on a statutory exception or a contract exception. Elaine received an offer letter upon being offered employment. The offer letter promised great career opportunities at the company and stated an annual salary of $30,000. Elaines attorney may use this to argue that longterm employment was implied and that she was not discharged with just cause. This would show the judge or jury that there was a contract exception because Jerry is in breach of contract. Elaines attorney may also argue that Jerry fired her because of the fact that she is a woman or because of her age. Jerry hired a male worker who has less education that Elaine. This points to Jerry deciding that he preferred a male worker over a female worker, and that the new worker, with less education, was younger. If Elaines attorney can prove that Jerry fired Elaine to hire a younger, male worker, they will surely be awarded a victory in any law suit. Jerry may have fired Elaine because she was not learning the job quickly enough. Some jobs are very complex and just too hard for some people to learn. Elaine might have

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