Question if business law, Business Law and Ethics

Assignment Help:

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?


Related Discussions:- Question if business law

What are the main objectives of contract administration, QUESTION (a) W...

QUESTION (a) What is a contract and what are the elements of a valid and enforceable contract according to English Law? (b) List down 5 main documents which form part of a b

Sale of goods act, 15 cases under sale of goods act within the year 2000- 2...

15 cases under sale of goods act within the year 2000- 2016?

Formation and characteristics of agency, Formation and Characteristics of A...

Formation and Characteristics of Agency An agency may come into existence by the following ways: Contract (Appointment) or agreement Further this can be done in any

Discuss common law and statutory duty, Part A A director has a duty to ...

Part A A director has a duty to exercise care, skill and diligence at common law and also a statutory duty of care and diligence under s180 (1) Corporations Act 2001 (Cth) in c

Discuss the sources of the mauritian law, QUESTION 1 Discuss the source...

QUESTION 1 Discuss the sources of the Mauritian law QUESTION 2 (a) Tom, Pim and Pam enter into a lease agreement. The agreement has already been signed by Pim and Pam.

Reservation of name, Reservation of Name:                             ...

Reservation of Name:                             To obviate the risk of choosing a name that ultimately turns out to be undesirable, the promoters should enquire from the regi

Jurisdiction over your company, a) Determine which forum(s) Purchaser could...

a) Determine which forum(s) Purchaser could file her lawsuit in.   Personal Jurisdiction, b)  If Purchaser were to file in CA, could she formed specific jurisdiction over you

Penalty for improper appointment, PENALTY FOR IMPROPER APPOINTMENT:  ...

PENALTY FOR IMPROPER APPOINTMENT:           S.161 (4) provides that if any unqualified person is appointed as auditor, the person appointed, the company and every officer i

Articles of partnership - partnership law, Articles of Partnership - Partne...

Articles of Partnership - Partnership Law However a partnership need not be formed through written agreement, it is accustomed for 'Articles of Partnership' for be drawn up, s

Principles enumerated by the employment relations act 2008, QUESTION 1 ...

QUESTION 1 "misconduct must be viewed in the specific context where it occurs and in the relevant nature of the relationship existing between the employee and the employer;" (S

Expertsmind

3/14/2013 1:55:07 AM

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.

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd