Elaine has sued Jerry because Jerry fired her. Elaine was on the job for two months. The job offer letter she had been given mentioned the great career opportunities at the company and stated that her annual salary would be $30,000. The employer is an employment at will employer. Elaine was given no reason for the termination. After the termination, Jerry hired a man named Kramer, who had less job experience and education than Elaine, for the position. Elaine has sued to get her job back.
The result of this particular scenario has the opportunity to go either way. Jerry fired Elaine, a female, after just two months of working for him, and then Jerry hired a man. Elaine believes that Jerry fired her for discrimination against her gender. Since it is illegal to fire an individual due to their race, color, national origin, sex, or religion (Cheeseman, 2007, p. 428), Elaine sued Jerry.
It is perfectly understandable to see why Elaine believes Jerry fired her discriminately. Elaine worked for Jerry for only two months before she was terminated for no given reason. This raises a red flag as two months is hardly enough time to effectively demonstrate how hard of a worker one is. I believe it takes around six to eight months for a person to become knowledgeable about their position and become completely comfortable in performing their essential job tasks. Elaine would still be in the learning phase of her new job at two months.
Jerry immediately hired a male, Kramer, after he terminated Elaine. Kramer had less work experience and education than Elaine, but Jerry hired him anyway. It is very easy to see why Elaine feels the way she does in this situation, however, she cannot read Jerry’s mind. It is very possible that Jerry fired Elaine for a legitimate reason and chose not to share this with her.
Elaine may have produced a rather large error in her part that she overlooked and either cost the company a lot of money or reputation. Perhaps Jerry realized this and fired Elaine for this reason and did not wish to tell her in order to prevent embarrassment from either party. Jerry may have a good friend who referred Kramer to him. This friend may have informed Jerry on what kind of employee Kramer is and how quickly and efficiently he can learn the job based on past work experience.
Anything is possible and possibilities are everywhere. What is meant by this is that nothing is black and white. A situation may be presented one way, but may actually be the exact opposite. You must be open minded in situations. Understanding that discrimination in the workplace is unfortunately common, it does not mean that Elaine is a victim of it. My personal belief is that Elaine would have rightfully sued Jerry unless if he can produce strong evidence of some sort of wrong doing on Elaine’s part.