During his employment he received one performance evaluation

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Reference no: EM133387925

Mr. Powers Fact Pattern.

Powers was hired by Belding to develop a STEM (Science, Technology, Engineering, and Mathematics) track at the school to make it more competitive with other charter schools. Powers was hired pursuant to the terms of a two-year employment agreement. Powers was to work with the school's teachers in the STEM disciplines in devising the new STEM concentration. During Powers' employment, Belding advised that he was suspicious that the engineering teachers (of which there were two) were buying computer equipment for their personal use, but charging it to the school. Belding had asked Powers several times to investigate the allegations. Powers was reluctant to get involved and resisted doing so asserting that it was outside the scope of what he was hired to do (his duties under the contract did not include supervising or disciplining other employees).

One year into his employment, Powers submitted a request for two-weeks of unpaid leave for health reasons, a benefit available to all employees. Belding told Powers this was "a bad time for a vacation" as Belding was preparing to hire two new math teachers for the next school year and he wanted Powers to sit in on the interviews. Powers responded that the interviews could be conducted after he returned from his leave. Powers took the next two weeks off for medical reasons. When he returned to work, he was terminated, effective immediately, and given no severance pay. During his employment he received one performance evaluation, and it was positive and progress on developing the STEM program was proceeding on schedule.

Assess whether Powers has any claim against Bayside under each of the following scenarios (THESE ARE ALTERNATIVE SCENARIOS - ONE IN WHICH JUST CAUSE IS DEFINED IN THE CONTRACT AND THE OTHER WHERE JUST CAUSE IS NOT DEFINED IN THE CONTRACT):

A. Powers' contract provides: "This agreement shall run for two years from the date of hire unless terminated earlier on the basis of just cause. Just cause means gross misconduct, insubordination, dishonesty, commission of a crime, or other conduct that seriously jeopardizes Bayside."

B. Powers' contract provides: "This agreement can only be terminated on the basis of just cause and upon one month's notice."

Reference no: EM133387925

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