Friday, December 6, 2019
Termination - Litigation and International Law
Question: Describe about the Termination, Litigation and International Law. Answer: 1. In Paul Blakeslee v Shaw Environment and Infrastructure, an employee named Paul Blakeslee was terminated for reporting an illegal conduct of a senior supervisor. Paul Blakeslee learned that a project manager owned one third of a company which was leasing equipments to Shaw Environment and Infrastructure of an amount costing $2 million. In the said case, a good investigation team in the said company could help to avoid the said wrongful termination litigation as the wrongful conduct of the senior supervisor would be investigated way in advance or the employee who was fired could ask the investigation team to take an action against the senior supervisor. Additionally, a strict internal policy regarding illegal conduct would prevent the senior supervisor from engaging in illegitimate activities. Moreover, employee training programmes in a company can be adopted to ensure employees are told about the consequences of misconduct. Also, written acknowledgment to not engage in misconduct should be signed by all employees (Autor, Donohue Schwab, 2016). The appropriate manner to terminate an employee without a potential risk of litigation is after considering companies policies, employment contract, state and federal laws that protect employees and wrongful employment, reviewing the personal achievement file of the employee and then stating appropriate and just reasons for terminating the employee like poor performance or illegal or wrongful misconduct. It is important for the employer to provide good cause or justifiable reason to terminate an employee which can help in avoiding potential litigation for wrongful termination (Acharya, Baghai Subramanian, 2014). Reference List Acharya, V. V., Baghai, R. P., Subramanian, K. V. (2014). Wrongful discharge laws and innovation.Review of Financial Studies,27(1), 301-346. Autor, D. H., Donohue III, J. J., Schwab, S. J. (2016). The costs of wrongful-discharge laws.The Review of Economics and Statistics,88(2), 211-231.
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