forum 1

Adam works as a delivery truck driver for GWC & Co. Adam persistently refused to drive a truck that lacked a required inspection sticker and was subsequently fired as a result of his refusal. GWC contended that it was entitled to fire Adam in this situation. Adam argued that he was discharged without cause and sought to recover $7,094 in lost wages and $200,000 in damages for the “humiliation, mental anguish and emotional distress” that he had suffered as a result of being fired from his job. If you were the judge in this case, how would you rule and why?

forum 2

Davis is happy to be offered a job at Happy Company. On beginning his employment, Davis is told that he must join the union to keep his employment. Davis comes to you to ask two questions: Should he join the union? Must he join the union?

forum 3

Set forth below is the Eddie Eager Hypothetical. Please post your responses to the
questions asked.

The scene is a small retail business which sells small appliances and television sets. On
the selling floor are the owner of the shop, Peter Parent, and his sole employee, Eddie
Eager.

“Eddie,” Peter says, “I have to run an errand. I’ll be back by closing time. You’re in
charge until I return. Just DON’T SELL the t.v. in the corner. I’m saving it for my
daughter.”

“O.K., Boss,” says Eddie.

Time passes. Slowly. It’s a long day, and nobody seems to want a new t.v. or small
appliance. Mercifully it’s almost closing time when Eddie’s extreme boredom is
alleviated when a customer dashes in, muttering, “I need a new t.v. set right now.”

She spots the t.v. in the corner that Eddie had been told not to sell, rushes over to it, and
says, “Ill take this one. Can you deliver it tomorrow?”

Eddie, who had been dreading telling his boss that he had not sold a single thing during
the day, welcomes the chance to redeem himself. He rationalizes by telling himself that
his boss can give his daughter one of the other t.v. sets in the store, and states to the
rushed customer, “Sure. How do you want to pay for it?”

Later, Peter Parent returns. “How did you do?” he asks Eddie.

“Great,” Eddie says. “I sold a t.v.!”

“No kidding? Which one?” asks Peter.

“Well,” says Eddie, “I sold the one in the corner.”

“WHAT? YOU SOLD THE ONE IN THE CORNER? THE ONE THAT I TOLD YOU NOT TO
SELL? YOU CALL THAT CUSTOMER RIGHT NOW AND TELL HER THAT SHE’S NOT GOING
TO GET THAT T.V. SET.”

Is Peter legally obligated to sell the t.v. to the customer? If so, why? If not, why not?
Did Eddie have the requisite authority to sell the t.v. to the customer? Specify the kind
of authority possessed by Eddie. If Peter backs down on the sale to the customer, does
the customer have any legal recourse against him?

Is there any way that Peter could have prevented legal liability in this case?

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