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.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 above
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