In the Silvestri v. Optus Software, Inc. case, the employment contract contained a 2-year employment agreement with a satisfaction clause. Which of the following was held? A. The satisfaction clause was not enforced, because it was a restraint on trade. B. The satisfaction clause was not enforced, because it was subjective. C. The employer breached the contract and had to pay damages. D. The termination of employment before the 2- year period was enforced.
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- n employee was terminated for smoking in a no smoking area. The union claimed that he should be reinstated because the company failed to follow due rocess procedures. When the company and the union could not agree, this case was referred to arbitration and the arbitrator ruled in favor of the employee. How should the company respond? our Response The company should reinstate the employee and follow due process in the future. The company should appeal the case to the district court. The company should request a hearing by a three-member panel of administrative law judges. The company should appeal the case to the NLRB. FeedbackExplain the probable interpretation by an arbitrator of the following language. If management determines that qualifications are relatively equal among applicants’ seniority shall govern. If qualifications are equal, among bidders, seniority shall govern. If qualifications are substantially equal, among bidders, seniority shall govern. If management deems qualifications are equal among bidders, seniority shall govern.Explain the ways in which various legal doctrines are employed to balance the competing claims of employer and employee.
- A Board of directors had been experiencing a growing divide between its members for some months and one of the directors sought legal advice independently regarding a possible case for harassment and bullying. The Board's solicitor had been trying to steer them through this difficult period but advised that proceedings were imminent and that urgent action needed to be taken to protect the organisation. The remaining members of the board were unable to agree on a way forward and the director who threatened to sue continued to attend meetings so that they became completely ineffective. They became anxious about speaking on the record and were reluctant to permeated every The Board's solicitor suggested mediation, reminding the Board of their obligation to run the organisation as effectively as possible and that mediation is something the Charity Commission favours. tackle the obvious conflict that meeting. The two solicitors agreed to appoint a mediator and the board members engaged in a…27. Vicarious liability refers to a situation where: the employer is held legally responsible for actions of its employees the employer serves alcohol at company-sponsored events the onus is on the employer to prove it was not negligent none of the aboveMaranda says that she is fed up with the way a certain employer in Kennesaw treats employees and that she is going to sue that employer in an effort to improve matters. Although she is not a lawyer, Maranda believes that the offenses of the employer are so severe that a court will appreciate her attempt to make things better for the employees involved. Can Maranda act as plaintiff for the employees? Yes, so long as they file no objection Yes, so long as she gets permission slips from them No because venue is lacking No because she lacks standing Yes, so long as she gives any money he receives to them
- Explain the legal considerations for businesses in relation to employee non-compete agreements and confidentiality clauses.Find a case involving an allegation of a breach of contract and include a brief summary of the facts, the court’s decision and reasoning, and whether one should agree with the court’s decision.Michael Hauck claimed that he was discharged by his employer, Sabine Pilot Service, because he refused its direction to perform the illegal act of pumping the bilges of the employer’s vessel into the waterways. Hauck was an employee at will, and Sabine contends that it therefore had the right to discharge him without having to show cause. Hauck brought a wrongful discharge action against Sabine. Decide.Please give your answer using the IRAC format. Issue: Call of the QuestionRule: Rule of Law to be applied to properly answer the questionAnalysis: Applying the rule of law to the facts of the problem presentedConclusion: Answer to the Issue
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