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

Partnership agreement - voidable contracts, Partnership Agreement - Voidabl...

Partnership Agreement - Voidable Contracts Conversely an infant is bound at common law through a partnership agreement although he is free to repudiate it at all time during i

The employment rights act (eria) provides a prescribed form, QUESTION (...

QUESTION (a) Under the UTM Regulations, an unsatisfied student can entertain an academic appeal within 10 days from the date he gets his result. X gets his result on the 3rd of

Discuss why the house of lords took the opposite view, The Harrow and Healt...

The Harrow and Healthy Hearts Country Club is in need of additional funds of $10,000 to build a swimming pool. An advert is placed in the local press seeking not only new members b

Provisional contracts - law of contract, Provisional Contracts - Law of Con...

Provisional Contracts - Law of Contract However occasionally an agreement may be illustrated through the parties thereto as being as "a provisional agreement" until a legally

Tort law and employment law, Tort law and Employment law: Pat, a build...

Tort law and Employment law: Pat, a builder, is an employee of Tom's. One day on site the scaffolding that Pat is standing on collapses and he suffers personal injuries. The s

Business law , Explain whether Mike should be excused from not performing u...

Explain whether Mike should be excused from not performing under the contract with Jim: Facts Mike ran an excavation business whereby he was contracted by builders to use his exca

State article 29 of international law, State Article 29 of international la...

State Article 29 of international law Article 29 states that a member of a diplomatic mission enjoys immunity from arrest or prosecution.

Find out the elements of the tort, 1. Justices in the U.S. Supreme Court ar...

1. Justices in the U.S. Supreme Court are appointed for life. Unless they choose to retire, they have the right to remain in office and cannot be removed by congress or by the Pres

Explain the united nations convention on the law of the sea, United Nations...

United Nations Convention on the Law of the Sea The rights over the sea were extended by the United Nations Convention on the Law of the Sea (UNCLOS) adopted in 1982. The UNCLO

Disadvantages of subsidiary legislation, DISADVANTAGES: Whether delega...

DISADVANTAGES: Whether delegated or subsidiary legislation has been criticised just to a variety of reasons, the main ones being that it is:as; (a)   Less democratic Whe

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