Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Question
Chapter 11, Problem 20CP
Summary Introduction
Case summary: Person S entered in to an agreement of employment with company H. The agreement permits six months severance pay for involuntary termination. Person S decided to resign from his employment otherwise he will be fired for unproven misbehaviour. At the time of person S’s resignation, he signed a statement for suing his earlier employer as a consequence of his job. The person S filed a sue against his earlier employer for severance pay arguing that, signed the statement under threat.
To discuss: Whether person S is accurate in his decision.
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William Schmalz entered into an employment contract with Hardy Salt Company. The contract granted Schmalz six months’ severance pay for involuntary termination but none for voluntary separation or termination for cause. Schmalz was asked to resign from his employment. He was informed that if he did not resign, he would be fired for alleged misconduct. When Schmalz turned in his letter of resignation, he signed a release prohibiting him from suing his former employer as a consequence of his employment. Schmalz consulted an attorney before signing the release and upon signing it received $4,583 (one month’s salary) in consideration. Schmalz now sues his former employer for the severance pay, claiming that he signed the release under duress. Is Schmalz correct in his assertion?
Green was the owner of a large department store. On Wednesday, January 26, he talked to Smith and said, “I will hire you as sales manager in my store for one year at a salary of $48,000; you are to begin work next Monday.” Smith accepted and started work on Monday, January 31. At the end of three months, Green discharged Smith. On May 15, Smith brings an action against Green to recover the unpaid portion of the $28,000 salary. Is Smith’s employment contract enforceable? Explain.
Riffe, while serving as an officer of Wilshire Oil Company, received a secret commission for work he did on behalf of a competing corporation. Can Wilshire Oil recover these secret profits and, in addition, recover the compensation paid to Riffe by Wilshire Oil during the period that he acted on behalf of the competitor? Explain.
Chapter 11 Solutions
Smith and Roberson’s Business Law
Ch. 11 - Prob. 1COCh. 11 - Prob. 2COCh. 11 - Prob. 3COCh. 11 - Prob. 4COCh. 11 - Prob. 5COCh. 11 - Prob. 1QCh. 11 - Prob. 2QCh. 11 - Prob. 3QCh. 11 - Prob. 4QCh. 11 - Prob. 5Q
Ch. 11 - Prob. 6QCh. 11 - Prob. 7QCh. 11 - Prob. 8QCh. 11 - Prob. 9QCh. 11 - Prob. 10CPCh. 11 - Prob. 11CPCh. 11 - Prob. 12CPCh. 11 - Prob. 13CPCh. 11 - Prob. 14CPCh. 11 - Prob. 15CPCh. 11 - Prob. 16CPCh. 11 - Prob. 17CPCh. 11 - Prob. 18CPCh. 11 - Prob. 19CPCh. 11 - Prob. 20CPCh. 11 - Prob. 21CPCh. 11 - Prob. 22CPCh. 11 - Prob. 23CPCh. 11 - Prob. 1TSCh. 11 - Prob. 2TSCh. 11 - Prob. 3TS
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