Business Law
Introduction
The case above is a perfect example of a disgruntled employee who needs a favor in a court of law. The employee has several options to handle the matter. The first option is pleased with the employer to return him to work through an appeal letter, and the second is going through a labor court that will handle the case in accordance with labor laws. Employment laws that every employee must understand take its argument from two major perspectives. This two perspective includes legislation and the common law.
First and foremost, the case above involves a person who had already been employed and had signed the employment agreement/ contract. The employment agreement is a legal binding document that is signed between the employer and the employee. Because that he was already an employee and signed the document as a member of the company, being fired without a proper reason is going against labor laws, and for the employer to justify this action, he presents the court with legal arguments that support the reason why he was fired without any notice. The first legal argument that can be accepted is based on the contract’s content; if the employee signed a contract without reading it properly, they might do something against what was agreed upon during the signing of the contract. Secondly, the employer may argue that the contract’s terms and conditions as a legal document were not followed. This may mean that the employee discussed the legal paper’s content with the outside party, which is against the law. If this happened then, it might lead to mistrust between the employer and the employee. The employer may get grounds and reason to fire the employee without any notice. For the employee to use this as a reason for not honoring his promise, they must provide a solid reason. This will prevent you from introducing evidence of the promises.
Grouse misconduct is against the laws and the rules of most of the organization. In cases where the employee is sacked due to gross misconduct issues, the employer can present the legal evidence that the employee committed gross misconduct, which warranty the dismissal. The court will take its time and investigate the circumstances in which the employee was fired and decide against the employee. When such is presented, the employee may not be allowed to present evidence of the promises. During the verbal promises, the employee and the employee did not have any witness, neither some of these promises did not have any legal background on paper. When the employee claims that the employer did not honor their promise, then the employee can present a legal argument that states that they never made such promises at the point of employment. The court will rule this case against the employee since the employee may not have any solid evidence that he or she was promised certain things. The employer will also use the legal contract signed by the employee to dismiss his claims. The contract head stated that it contains complete understand and agreement by and between the parties. No other representation or promises have been made. This means that if the promises that were made by the employer were not included in the contract document, then the verbal promises made were not binding and cannot be claimed in a court of law. This will automatically help the court to dismiss this case.
The employment above was based on the probation, and then later given to the employee was a probation letter. The later may not have been clear of what happened after the probation, but the verbal promise talked about certain benefits after the probation period. This puts the employee at the mercy of the employer. If the employer presents arguments that the employee was not confirmed, then it means that all right given to a fully employed employee does not apply to him; hence he may not be allowed to present evidence of promises. In the case where the employee was done with their probation period, then the employer may argue that the employee completed the probation period and an according to term and legal agreement that was signed by both the managers and the employee, the employee failed to meet the probation criteria that could earn him full employment. The court may not have evidence to prove that the employee was working as expected, which means that the court will use what the employer tells them, and the employee will have to lose this case.
When signing the contract, the employee is usually given enough opportunity to understand their job. If the employer notices that the employee absconded any important duty, then the employer may take action. Due to this, the employee may argue in a court of law that the employee absconded duty. To ascertain this claim, the employer will present the court with evidence that clearly shows that indeed the employee absconded duty.
The employee will not get justice if the court realizes that they were guilty of any accusation presented by the employer. On the other hand, the employer has to approve the firing and not antipathy among a certain group or class of individuals. If the employee fails to obey orders, show and obstructionist behavior, or any contagious communication, the owner of the company are allowed to fire this particular employee. Every contract signed will always offer an alternative as to whether you agree or disagree with the policies. To this end, in case the employer presents evidence in court that indicates an employee failed to obey their bosses. The court will rule in favor of the employer and block any evidence introduced by the employee. When one disagrees with the employers, the law dictates that you should express it very politely or go to the human resource for help.
In conclusion, the employee, in this case, may get help only if they read the terms and conditions of the employment well. They must go to court and present all his evidence before the employer presents his evidence. This will help him argue his case more appropriately. Any verbal promise made must be written down and signed by the two parties so that when the company fails to deliver, one can claim this in the court of law using the solid reference.
Works Cited
Kelly, David, et al. Business law. Routledge, 2020.