Judge Case

Elaine is sueing her boss Jerry because he fired her without any reason. The letter that she had recieved on the job offer mentioned that she would have great career opportunities. Also the letter stated that her annual salary would be $30,000. Even though the company that hired Elaine was an at-will employment place her boss decided to fire her after only two months on the job and hire a man in her place. The man that took the place of Elaine was less educated and didnt have as much experience as her either. Elaine is now sueing her boss for being terminated and wishes to have her job back. She has a strong case against her previous employer for unlawful business ethics and sexual descrimination by her employer.

Things that need to be considered before this lawsuit begins to ensure that there is an actual case at hand; Does the job require certain requirements or exspectations to be employed there? Is there a legal document between the employer and the employee stating that there needs to be a reason for being fired relating to their company policy? Was there a salary contract that Elaine had signed? Did Elaine get any type of settlement for being terminated on such short notice?

The Plantiff will focus on a contract exception. Elaine received a letter discussing the job offer which included great career opportunities and an annual salary of $30,000. The plantiff may use this arguement that in the leeter she received, long-term employment was implied and that she was fired without reason. Gender Discrimination could be a part of Elaine's case because a man with less education and job experience was given her position. The fact that she was fired without reason and the person who took her position gives this argument credibility. The exceptions that could be used in her case against Jerry other than sexual discrimination, are the Public Policy Exception, Implied-In-Fact Contracts, Statutory Exceptions, and the and Tort Exceptions. The public policy exception says if a worker is obligated to jury duty they can't be fired. The implied-in-fact contract was not enforced but needs to be proven to be able to show gender discrimination. Statutory exception states that an employer can't fire an employee that belongs to a labor union. The exception is if the employee violates labor laws. An employee who performs their job right can't be fired without reasoning. Elaine's case is also centered upon discrimination as the Federal labor laws prohibit being fired on the basis of race, religion, gender, age, or disability. Elaine is claiming that her termination was because she is a woman. With an implied-in-fact contract such as a performance review a handbook that states policies and procedures, employees who perform their jobs correctly will not lose their jobs. The tort exception could help build her case as it states that the employer can't inflict emotional distress.

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