Legal Risk and Opportunity in Employment - Essay Example

(Morris, 2008). If Paul had been fired for being black, he would definitely have a case against Newcorp. However, if he was fired for his voiced opinion at the school board meeting, this would not be protected. While the First Amendment protects freedom of speech, it makes no note that employers have to “put up with it.” (Morris, 2008). Pat is wrong in his belief that his employee manual’s described process of the corrective action plan means that he cannot be fired without warning. In the case of Toussaint v.

Blue Cross & Blue Shield, the employee handbook stated that employees could only be fired after warning, notice, and hearing; Toussaint had been fired without warning. The court ruled in favor of Toussaint, and declared that an employee handbook creates contract. (Samuelson, 2007). However, since then, employers have been very careful in taking steps to protect themselves from this sort of liability. (Morris, 2008). Newcorp having Pat sign the statement of at-will employment was a proper way to prevent liability.

And if Pat had looked carefully at his handbook, he probably would have discovered some sort of language within it expressing that it was not to be relied upon as a contract. (Morris, 2008). Paula is correct in believing that it is illegal for her not to be transferred to wire-coating based on her sex. Sex discrimination in the workplace involves the different treatment of an employee based on sex that negatively affects things like pay, employment, and advancement or training opportunities.

Title VII of the 1964 Civil Rights Act prohibits sex discrimination in the workplace and applies to “private employers, state and local government employers, labor organizations, employment agencies, and joint employer-union apprenticeship programs with 15 or more employees.” (Equal Rights Advocates, 2008). Although Paula is young and could