Question
BT Green, Inc. is a small high-tech business operating in Brine, Nevada. The owner began it seven years ago with two associates in a rented
BT Green, Inc. is a small high-tech business operating in Brine, Nevada. The owner began it seven years ago with two associates in a rented office space just outside of town. In three years it doubled its revenue to $850K, and expanded its customer base in the local commercial market as well as in the adjacent state. This year, it submitted a bid on a federal government contact. In preparation for that contract, to demonstrate in its proposal that the company had sufficient capacity, BT Green hired three new employees. Last week, the company learned that it did not win; so, without the new revenue stream, it decided to let one of the new people go. The other two would be retained to find new business. Kyle Reeder, who coordinates HR functions, began Monday morning with a voice mail from Terell Banks, the employee that was terminated on the preceding Friday. Mr. Banks said: Ive thought about our conversation last week. I dont think it was fair that I was fired. It seems pretty fishy to me that the only black man in the department was let go. I would like you to review the matter to see what else can be done.
Disciplinary Policy
The Company expects all employees to adhere to company policies, procedures, and standards. The company has the right to discipline employees for any violations of those rules and standards in a legal manner which it views as appropriate. The Company may use a progressive method to enable employees to improve; but, immediate termination is also possible, especially for dangerous infractions. The Company strives to be fair and corrective, but just cause per se and multiple corrective opportunities are not needed for termination. The disciplinary policy does not alter in any way the at-will status of employment. Receipt of Employee Handbook I have received BT Greens Employee Handbook. I understand that management may change it and that it is my responsibility to stay current with the provisions.
I understand that I am an at-will employee and that no company communication shall change that status. The company may terminate me without reason at any time, and I can terminate my employment at any time. I understand that only the CEO has authority to change the employment-at-will status. Such a change must be in writing and officially signed by the company. ____Terell Banks_____________________ Employees Name in Print ____Terell Banks___________ Employees Signature _____3/6/17__________________ Date Signed by Employee TO BE PLACED IN EMPLOYEES PERSONNEL FILE
1) what legal risk the company has regarding Mr. Banks complaint. In doing this,
a. Identify the specific laws that may pertain to this situation.
b. State the key legal criteria for each law.
c. Analyze whether the details of the case meet the legal criteria, then explain how they do or do not fit.
d. State your conclusion about the legal risk.
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