Question

Parker agreed in writing to work for Mclaine for a period of three years as foreman of his cannery. His contract called for $150,000 per year in salary and indicated he was to give "all of his time and effort" to the job. He received no vacation or sick leave, but the plant was closed on weekends and for two weeks at Christmas when he was able to take time off. After the first year he was told he was doing an "excellent job." Three months after his review, in April he took a weekend trip to Mexico. Through no fault of his own he was arrested and jailed for a period of three weeks. During that time he was unable to contact Mclaine. After a full week of absence, Mclaine treated Parker's job as abandoned and hired a new foreman. Two weeks after the new foreman was hired, once Parker was out of jail, he came back to the plant and demanded his old job back. Mclaine refused. Parker has filed suit. Who will prevail and why? Use the Issue/Decision/Support/Dissent format I discuss on my website

Answer 1

Parker doing job for Mclaine as writer and was getting good salary for it. He was told that he is doing an excellent job and until that point of time he did not get any sick leave or vacation. After some time of getting praise from Mclaine he went on a trip. He was arrested there with no fault of his own and jailed for three weeks, we can say that Parker was not guilty from not coming to office for three weeks. When he was arrested without any fault, there must be the case when he did not even get the time to inform anyone or he thought to inform his dear ones who can help him to get out from the jail. During this absence Mclaine hired another employee in plane of Parker. When Parker came back, he went to the office and find that someone else is doing his job. According to me, Parker was right in his position, if there were any case when he was not loyal towards his work, these things must have come into picture earlier. Because he was doing his job with full determination and taking no leaves. Mclaine was right on her position as she needs works to be done, does not matter who do it. When Parker comes back to the office after coming out of the jail, problem comes for Mclaine as she was satisfied with Parker's work and may be after listening to his story and authentic proofs she believe him. On the other side, she cannot fire the new employee. So he refused to Parker, in return he filed the suit. I think Parker have the win win situation here because he is aware of the every condition he faced and can show the proofs. While Mclaine was unaware about some of the facts.