Free Managing Legal Encounters Essay Sample
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Employment policies are under the regulation of various government organizations. They protect employers and employees rights through the application of legal principles Organizations that hire, retain, discipline and fire employees following the acceptable rules that reduce risks and maximize their opportunities. On the other hand, these organizations will experience legal suits that allege right violations and require costly litigation and possibly high damages. An organization can, therefore, protect itself against violations or lawsuits by employing a vast knowledge of regulations and the law.
New Corp is not an exception to the rule where such cases as the one under scrutiny here arise. It faces various liabilities that could lead to possible lawsuits as explained below. Sam who appears as a representative of the management of New Corp, in his position as a supervisor is wrong to suggest that Paula's work is suffering from lack of interest. This is in regard to the fact that there is no evidence of any procedures of a Corrective Action Plan having been administered on Paula.
This should have been the case in accordance to the Personnel Manual which New Corp subscribes to, if her work proves legitimately unsatisfactory. Sam's claims, therefore, come out as groundless attacks on Paula, and since he publicizes them in his capacity as a managerial representative of New Corp; the organization is liable for false accusation.
The second instance arises upon Paula's request for a transfer to the wire-coating department. Sam argues that since Paula can become pregnant, New Corp could not take the chance of bearing liability for causing a child to be born bearing a birth defect as a result of the chemicals in that department. This is, however, a discriminatory argument for two reasons. One is that it implies only male employees can work in the wire-coating department, yet there is not enough biological reasons to demand this. This is a case of sexual discrimination. Secondly, Paula is not pregnant at the time of forwarding her request and Sam based his argument on a “could be” basis. Neither is Paula pregnant nor is there adequate evidence to suggest that she will one day become pregnant, at least not during her tenure at the organization.
With the above considerations in mind, New Corp needs to take some actions to absorb it of the arising liabilities. The first action it requires to take is to inform Paula of the deficiency in her work, if it indeed does exist and put her on a Corrective Action Plan. The second step should be to cite reasons that do not indicate of sexual or pregnancy discrimination as the grounds for denying her the transfer, else hand it to her.
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