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 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:

“I’ve thought about our conversation last week. I don’t 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.”

Kyle gathered the following information from the files. See below.

--Organizational chart

--Excerpts from BT Green’s Employee Handbook

--Signed Receipts of Policy Statements

--Lifecycle Status Reports

--Employee Records

--Diversity Report

--New-Hire Interview notes

--Exit Interview notes

what legal risk does the company have regarding Mr. Banks’ complaint? In doing this:

1. Identify the specific laws that may pertain to this situation.
2. State the key legal criteria for each law.
3. Analyze whether the details of the case meet the legal criteria, then explain how they do or do not fit.
4. State your conclusion about the legal risk.

Answer 1

Answer:

a. The specific laws that may pertain to this situation are as below

• The discrimination act of the employee on the basis of race, color, sex, origin of nation. Since the employee Mr. Banks said that I am the only person who fired is the blackman in the business. Hence it may have discrimination issues against the black people.
• The law of employment will also be applicable and the employee may raise legal lawsuit against his firing that is against the law of employment. This may not have at will employment clause signed off with employee.

b. The key legal criteria for each law are as below

• Discrimination Act – The employee cannot be discriminated by the employer on the basis of race, religion, sex and origin of nation. The legal actions are liable for such cases against the employer.
• Non-at will employment law- The employer cannot fire an employee without any special legal reason that made the employer to fire the employee. The employer needs to show the valid legal reason for firing the employee from the business, if employer has not signed off the at-will employment clause with the employee.

c. The details of the case meet the legal criteria because the scenario meets both the legal laws mentioned above i.e. discrimination act and non-at will employment act.

The person is only one black person in the business and he has been fired, hence it will fall on the discrimination liability on being the black person in the business. The employee does not received any valid legal reason for his firing, hence it is against the non-at will employment act

d. Conclusion about the legal risk is that the business has the legal risk and the decision will be in favor of the black employee as he will be able to prove that he has been discriminated by the employer and he has been fired on without any valid legal reason against the terms and conditions of his employment