Business law questions, Business Law and Ethics

 

I am Lauren Garcia, I have an order my assignment, please answer me back here

Describe what parts of business law are involved in the following scenario. What issues are involved and how would this case be solved? Parker agreed in writing to work for Mclaine for a period of three years as foreman of his cannery. His contract called for $150,000 per year in salary and indicated he was to give "all of his time and effort" to the job. He received no vacation or sick leave, but the plant was closed on weekends and for two weeks at Christmas when he was able to take time off. After the first year he was told he was doing an "excellent job." Three months after his review, in April he took a weekend trip to Mexico. Through no fault of his own he was arrested and jailed for a period of three weeks. During that time he was unable to contact Mclaine. After a full week of absence, Mclaine treated Parker's job as abandoned and hired a new foreman. Two weeks after the new foreman was hired, once Parker was out of jail, he came back to the plant and demanded his old job back. Mclaine refused. Parker has filed suit. Who will prevail and why?

 

Posted Date: 3/14/2013 2:25:16 AM | Location : United States





In this case let, the issue is whether the Parker breaches the employment contractual agreement with McLain or not. The issue is important because if he breaches the contract with Mclain then Mclain is right in abandoning him from the job but in case he has not breached the contract then he is right in suing the Mclain.

Now, if we analyze the case we found that the contractual agreement clearly states that there would be no leave other than weekly off-days and the Christmas holiday for him. Hence, he has no right to take any other leave without the prior permission of the Mclain. But unfortunately due to some unknown reason he was arrested and sent to jail. From the jail, the situation did not allow him to contact his employers. Hence, as per the term of contract and law , Mclain can easily abandon him for taking leave without informing to the employers. Hence, the case is in favor of Mclain. So, he has not done the right thing in suing Mclain because law and all is in favor of Mclain. The best thing that he can do is to request Mclain to put him in job by making him aware about the whole situation. He can also show him that how he has been rewarded the best employee just three months ago for his outs. He also explained him that the situation for which he has taken leave is beyond its control. So he must consider his request and put him back in the job.

Hence, the problem can easily be solved if Parker will think in positive way instead of suing the Mclain.

Posted by Expertsmind | Posted Date: 3/14/2013 2:25:36 AM


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