Rights and Liabilities.
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Rights and Liabilities
Sebastian could consider a wrongful discharge and unfair treatment by Lorraine. Sebastian has the right to a constructive discharge, but he gets an illegal discharge from Lorraine since she does not give him a choice (Gusdorf 1). He also has the right to have the employer’s interests at heart and in this case the preparation of the dinner using the harvest from her garden. However, Sebastian does not follow Lorraine’s instructions in preparing the meal. Lorraine does not pay him, and this is a violation of his right to fair remuneration and claims of the same from Lorraine.
Lorraine breaches the employment contract she had with Dani though not written. Dani being an employee is entitled to fair treatment and fair remuneration (Gusdorf 1). Dani has the obligation of having his employer’s interests. However, Lorraine’s failure to pay Dani is unfair treatment. Dani is entitled to fair remuneration, which Lorraine violates when she fails to pay him. He had the employer’s interests at heart by performing his duties of pruning the shrubbery on Lorraine’s property.
Lorraine hired both Dani and Sebastian but breached her contract with Dani. Being their employer, Lorraine has the duty of protecting the welfare of her employees (Jefferson 1). She is liable for infringing the implicit agreement between her and Dani. Lorraine has the right to expect performance from Sebastian whom she hired to prepare the dinner. Also, Lorraine has the right to appoint and dismiss workers according to the proper procedures.
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She, however, dismisses Sebastian without following the proper procedures. Similarly, Lorraine employed Dani unethically considering that her husband did not agree to pay him. She has the legal liability to Dani’s payments since she hired him.
Works Cited
Gusdorf, Myrna. The SHRM Essential Guide to Employment Law. 2016, pp. 5-10. https://www.shrm.org/academicinitiatives/universities/teachingresources/Documents/EmploymentLawFinal2.pdfJefferson, Michael. Employment Law. Oxford University Press, 2018.
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