Question

Background:
• Sam Sampson was hired as the General Manager of SleepyTime Mattress Company on April 1, 2012, at age 56. He worked directly under the Chief Executive Officer.

• Barbara Barker joined the same company as Junior Accountant on September 26, 2016, at age 42. She worked as a member of the Accounting Staff, reporting to the Head Accountant.

• On July 1, 2020, Sam was called into the Human Resources Office. He was told that his services were no longer required, and that he could pack up and leave, that same day. The C.E.O. told him that he was being fired because the company was downsizing.

• Later the same day, Barbara was also dismissed. Her boss stated in front of other workers that Barbara was being fired for stealing money from the company. However, he provided no evidence to support his statement. Barbara was embarrassed, and felt her reputation had been unjustly ruined.

• Sleepytime Mattress Co. paid Sam one extra week's salary as "severance pay", but they did not provide any extra pay to Barbara.

• Barbara and Sam each decide to hire a lawyer to sue SleepyTime Mattress Co. in court.

Questions to consider:
• What tort(s) could each of them sue for? • How many extra weeks would the employer have to pay each employee, according to the Employment Standards Act? • Might Sam or Barbara be entitled to any additional damages, according to other common law factors? Why or why not?

Instructions:

• Please write one or more paragraphs, in your own words. (200-300 words required.) • Do not recopy the Background.

• Discuss the legal issues and liabilities that exist in this case.

• Proofread and correct spelling/grammar errors using Grammarly app.

Answer 1

What tort(s) could each of them sue for?

Torts: ( Barbara): Expelled from Office Without Notice Explled with casue ( Theft) with no substantiate proof against her. Expleeled without giving any pending amoulments she is entitled for. Expelled without giving period to justify her actions.

Torts: ( Sam): HR Behaviour is not justifiable while firing any employee. Termination was ordered due to downsizing of business without giving proper notice.

How many extra weeks would the employer have to pay each employee, according to the Employment Standards Act?

if the person in employment and terminated by employer, It is dutybound to provide the a week notice period if the person employed for less than two years. Each week for his continous services if employed in an organisation between two to Twelve years. Secondly, On an Average 15 days avergae salary for the uninterupted services served while in employment with the company. Thirdly, Company is bound to provide Sam 7 days extra salary . Barbara 15 Days salary for such termination on spot.

Might Sam or Barbara be entitled to any additional damages, according to other common law factors? Why or why not?

Yes, Sam is entitled for extra 7 days Average Salary for uninterupted services. Yes, Barbara shall be provided 15 dyas avergae salary for each year of Uninterupted services. Secondly the damages casue due to defmaation while alleged her with Theft amongs its employee and colleagues.

They Both are entitled for Their last month Slary , upto th eperiod they had worked for, Serverance payments as well as damages cause by HR due to ruthless or unethical behaviour.