Brown was the owner of a large department store. On Wednesday, January 26, he ta

Question

Brown was the owner of a large department store. On Wednesday, January 26, he talked to Thompson and said, “I will hire you to act as sales manager in my store for one year at a salary of $48,000. You are to begin work next Monday.” Thompson accepted and started work on Monday, January 31. At the end of three months, Brown discharged Thompson. On May 15, Thompson brought an action against Brown to recover the unpaid portion of the $48,000 salary.

1. Is Thompson’s employment contract enforceable?

2. Highlight the pertinent facts;

3. Identify the issue of law posed by the case problem;

4. What should be the decision in the case?

5. The reasoning for such decision.

Explanation / Answer

1. Yes. The employment contract is valid, beacuse there was an offer, acceptance and a consideration, therefore it is enforceable in a court of law, despite it only a verbal cotract.

2. The plaintiff was hired to work as sales manager by the defendant for an agreed term and consideration. However, he breached the contract by terminaing his services after three months without making him a payment. There were no clear terms mentioned in the contract for termination and the grounds therof.

3. The case pertains to the breach of employment contract.

4. The defendant should be asked to compensate the plaintiff for the unpaid portion of salary in addition to the damages, as determined by the court.

5. The defendant's decision caused the plaintiff a monetary loss in form of the unpaid wages for the duration of his employment which is unlawful and amounts to the breach of contract.

Related Questions

Navigate

• Browse (All)
• Browse B
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.