You are the judge Essay Example | Topics and Well Written Essays - 750 words - 1

You are the judge - Essay Example Elaine has sued to recover her occupant. The plaintiff is supported by facts and legal rules that include written Promises whereby all employees at-will employees included are guarded by law in the case of unlawful termination. Elaine by her employer wrote the job offer letter; Jerry can be produced in court. The letter stated that Elaine would receive an annual salary of $30,000 and instead she was fired within the stated period. Availability of indirect promises could deter the employer from firing an employee. The court to determine whether the promise exist checks on assurances which could have been made by your employer that there was job continuity, the employment period in question and furthermore if your employer violated a legal practice while firing process in this case jerry did not offer Elaine a warning and reason for termination (Henry 67). In case the employer breached the good faith and fair dealing the termination would definitely be illegal. In situations where an employer terminates and employer so that he/she cannot claim the commission or if an employee is fired then be replaced by another employee who will earn less than the former employee. Elaine was fired and replaced by Kramer, who was less experienced and had low education level than Elaine and definitely, Kramer will work for low pay. An employee must not be fired in case he/she discloses a company’s illegal practice like failure to pay its workers or if he/she becomes a whistleblower discloses the harmful deeds of the company like environmental pollution. Finally, an employer must never fire an employee due to his gender, race, nationality, religion or age. In case of discrimination, an employee can sue the company if he/she if these claims are true (Henry 45). Facts and legal rules that support defendant argument include giving out warning letters and in case of no improvement then termination is justified. The employer must document all corrective records,