Case Sample A Essay

Employment-At-Will Case

Case Example A: Elaine has sued Jerry because Jerry fired her. Elaine was on the job for two months.The job offer letter that Jerry had sent her mentioned the great career opportunities at the company and stated that her annual salary would be $30,000. The company is an employment‐at‐will employer. Elaine was given no reason for the termination. After the termination, Jerry hired a man named Kramer, who had less job experience and education than Elaine, for the position. Elaine has sued to get her job back. There are legal issues in case example A. These issues will need to be brought up and answered before any decision can be made over this case. A letter was sent to Elaine. Could this be considered a …show more content…
The tort exception states that the employee can sue an employer for fraud. Based on the letter Elaine received, she never was given what she was promised. The employer gave the future employee false statements regarding receiving $30,000 annually. The employer also made the employee believe that this was a career when it clearly lasted no more than two months. This is classified under fraud.
The statutory exception will be the main exception in this case. The statutory exception states that “Title VII and other federal state antidiscrimination laws prohibit employers from engaging in race, sex, religious, age, handicap, or other forms of discrimination”. Right after Elaine was fired, a man was hired for that same position with less work experience and a lower education. This is evidence that Elaine was discriminated based on her sex. An employee who was wrongfully discharged can sue the employer for damages. Therefore the plaintiff will win the case. The legal rules that currently apply are fair and reasonable. Employment-at-will employers exist because in some jobs, the employer needs that flexibility in order to respond to any changes or needs. Sometimes it is necessary to let employees go but the employer should never forget the laws of business and also ethics. Also, adding exceptions like statutory exception and tort exception to this doctrine helps protect employees in case they are ever treated unfair or are ever taken advantage by their employer. The

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