FLSB--Discussion questions on Employment law

FLSB--Discussion questions on Employment law - Functions of...

  • Homework Help
  • 7
  • 100% (4) 4 out of 4 people found this document helpful

Info icon This preview shows pages 1–3. Sign up to view the full content.

Functions of Law in Society and Business -Topic 4-Discussion questions on employment Law Question 1 An accountant, Mary, entered into an employment contract with her accounting firm. According to the terms of employment, Mary was not allowed to work as an accountant for 3 years in Central after termination of the employment (restraint of trade clause) or solicit business from the former accounting firm customers. One month after leaving the firm, Mary worked as a senior accountant for another accounting firm in Central. Her former employer wants to sue Mary for breach of employment contract. Advise Mary of her position. (barrier for employee to change another job, to keep the employee) - Breach the freedom of movement of work - However, binding effect in the contract - Under exceptional situation, if the contract is reasonably drafted, the court may give effect on it. - Factor to be considered: duration (3 years is too long), geographical location (too excessive), type of restraint involved (too excessive, cover all areas in ACCT, have to say specific) - Cannot pass the test of reasonableness - Not effective Question 2 Carol is employed as a clerk by a firm of accountants. She is approached by George, a garage owner, who asks Carol if she will do his bookkeeping in her spare time. Explain whether Carol will be breaking her contract of employment if she accepts this offer. Outside work practice - Check the employee contract and see whether there is any expressed restriction. If there is expressed restriction, Carol are breaking the contract. If there is NO expressed restriction, whether there are any implied duties (fiduciary duties, duties of faval services). The employer can argue that George’s work is very similar with the business, expected Carol to transfer the job to the company as he is a potential customer. However, George may not contact Carol’s employer anyway because of the high fees involved, not a mature business opportunity. Page 1 of 7
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

Carol not provided any services to her competitor not in direct competition between George and Carol’s competitor, not likely to disclose trade secret not break fiduciary duties, she is allowed to do that. Conclusion: Whether the outside job will affect her fulltime commitment. (especially for junior staff) Question 3 Carol ran a business in Glasgow which specialized in producing computer software programs. Dan and Eve both worked for Carol for a period of three years. They were both described as self-employed and both paid tax as self-employed persons. Carol provided all of their specialist computer equipment. Dan was required to work solely on the projects Carol provided, and he had to attend at her premises every day from 9am till 5pm. Eve usually worked at home and was allowed to work on other projects. Eve could even arrange for her work for Carol to be done by someone else if she was too busy to do it personally.
Image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.
  • Fall '13
  • Accounting, employer, carol, Employment contract, Mr. Bean, Mr. Cox

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern