You Are the Judge Paper # 1
Example: A Judge #1
Elaine, who has been an employee for two months, has sued her employer, Jerry because he has fired her without any reasoning or rationalization. The job offer that Elaine received was a letter that she had been given, which mentioned that her annual salary would be $30,000 and she would receive great opportunities at the company. Although the company that hired Elaine was an at-will-employment business, Jerry decided to fire Elaine after two-months and hire a man in for her position, Kramer, who had less job experience and education then Elaine. Elaine has now sued Jerry for being terminated, she wishes to have her job back and have a steady income and an annual salary. Elaine’s …show more content…
The first topic that I would like to discuss is whether or not this is considered sexual discrimination. This is topic is taken very strongly in today’s world and I believe plays a strong role in this lawsuit because Jerry hired a male immediately after Elaine was fired. This man who was hired in place of Elaine, Kramer, had less job experience and education. Now I don't know exactly what type of job Elaine was fired from, however, I believe that both job experience and education are two strong qualities in whether or not a person is more qualified then another when determining who’s the better person for the job. This termination is unethical and wrong, Elaine was the right person for the job and was replaced by a man with less job qualities strictly because he was a man and Jerry, Elaine’s employer wanted to have a man working for him instead of Elaine. At-will employers are a usually business oriented and in most cases the law is on their side. Elaine had been given a annual salary notice for $30,000 in the job offer that she had received, however, based on the information given Elaine never signed a contract salary. However Jerry hiring Kramer with less experience and education immediately after firing Elaine does bring a strong argument in sexual discrimination.
The first exception I would like to discuss about is called a,