Monday 4 June 2012

Justin was hired in February of 2004 as a salesperson. There is no written employment contract


Justin was hired in February of 2004 as a salesperson. There is no written employment contract, and Justin is paid on a commission basis. Justin’s manager has said to Justin on several occasions that if Justin continues to meet his sales quotas, that the company “will keep him around for a long time.” Justin has always met his sales quotas, but is told one day that they have decided to replace him because he does not project the image that the company wants. If Justin is an at-will employee, which of the following is true?
A.  The employer would not be able to fire Justin on the basis of public policy.
B.  The statements by the manager could likely give Justin contract rights that could amount to an exception to the at-will doctrine.
C.  The employer can terminate Justin only if the employer would suffer a loss by not terminating him.
D.  As an at will employee, there are no restrictions on the employer terminating Justin.
E.  Because there is no written employment contract, the employer can terminate Justin.

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