You Are the Judge
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Legal Issues:
In the case of Elaine, the plaintiff verses Jerry, the defendant the legal issues include the employment-at-will doctrines exceptions and different types of discriminations. In order for the ruling to be made in this case, there are some questions that must be answered, for instance, does the defendant have the right to discharge the plaintiff? Is there any evidence that shows the defendant has discrimination against the plaintiff?
Plaintiffs Arguments:
In this case, the plaintiff, Elaine, could argue that the defendant, Jerry, has wrongfully terminated her and by that she should be reinstated to her position in the company. Although Jerry is an at will employer, which means he has the right to discharge an employee under any circumstance at any time, but there are exceptions. According to the employment-at-will doctrines implied-contract exception, when an implied contract is formed between an employer and employee, even though no express, written instrument regarding the employment relationship exists.” In the job offer letter that the company gave Elaine, when she was hired, it stated that her annual salary would be $30,000 and that she would have great career opportunities at the company. The term “annual” implies that she would be paid annually and that she was hired to work for the company for at least a year. In addition, the letter stated that she would have great career opportunities and the term “career” means an occupation undertaken for a significant period of a persons life, which means more than two months. After Jerry, the defendant discharged Elaine; he hired Kramer, who had less job experience and education than Elaine. From that Elaine, has the right to believe that Jerry, the defendant has discrimination against her and uses the Fourteenth Amendment as her legal rules support because the Fourteenth Amendment prohibit discriminatory and unfair action and that it guarantees equal rights to all persons.
Defendants Argument:
On the other hand, the defendant, Jerry could argue that he is an at will employer and that he has the right to terminate Elaine, the plaintiff under any circumstances and that he has no discrimination against her. The implied contract exception of the at will employment doctrine does not apply in this case. From the job offer letter that the company gave Elaine, it does state that her annual salary would be $30,000 and that there would be great career opportunities at the company, but thats if she is still working at the company by the end of the year. Employers are required to pay employees at least twice a month. Elaine was getting paid twice a month, and by annual salary, it means that she is guaranteed to receive $30,000 if she works in the company for a year. In addition, the term “career” means