MSC3040 Assignment#2
TO: Senior Lawyer
FROM: Young Lawyer
RE: Wrongful dismissal - Bilbo Baggins against Orc Industries Corp.
Relevant Players or Parties Plaintiff Bilbo Baggins was hired on December 25, 2006 to help the development of a metal helmet foundry, which was the defendant Orc Industries Corp. In May 2007, the foundry fired Bilbo Baggins and the given reason was due to his dishonesty and intoxication in the workplace. However, there is no further evidence to support the claim except an empty bottle of Shire Whiskey in his office. Bilbo Baggins is going to sue Orc Industries Corp. for the wrong dismissal and compensations for loss. Other parties that can provide insight to this lawsuit would be Bilbo Baggins’ coworkers.
Relevant Legal Areas, Principles and Concepts
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Wrongful dismissal law suits arise when the employee feels as if he was not treated fairly and with dignity and respect. (Heathfield, S. M., 2016) In this case, Plaintiff Bilbo Baggins indicates that there is a “Just Cause” to terminate his contract immediately and let him go without notice. Typically, a “Just Cause” is existent when an employee is fired for just cause where he or she has been found to have been dishonest with the employer, such as theft of corporate property or in the participation of a competitor business. (Just Cause Definition, n.d.) But the fact was that Plaintiff Bilbo Baggins had successfully completed his duties and neither theft of corporate property nor participate of any competitor business. Therefore, we can conclude that there is no more evidence to proof that Bilbo Baggins classifies as “Just
Bilbo is fed up with all of the dwarf’s insults and is now ready to go on the adventure just to prove them wrong. So now Bilbo has accepted the offers of Gandalf. According to the hero’s journey, the hero would faces tests, enemies, and began to know about the rules of this special world. After Bilbo entered the goblins cave, Bilbo faced lots of crisis, he got lost in the cave, he couldn’t find his company and join them. He is all alone without the help from others, that makes this part as trials.Followed the heroic journey, the step would be approach. After Bilbo escaped from the goblins cave, all alone by himself without the help of the wizard or the dwarves or of anyone else, that made a great difference to Bilbo. He felt a different person, and much fiercer, he Enhanced
Bilbo Baggins is a hero, even though he has some help along the way from his friends. He is courageous because he made his first attempt at burglary from trolls, he puts himself before others and frees his friends from the ElvenKing and he is brave and loyal when he goes down to visit Smaug for the first time to fulfill a promise. I hope I have proved Bilbo Baggins to be
Prior to the quest, Bilbo Baggins was a conservative, respectable and stubborn hobbit who lead a rich and comfortable life (Stephanie web). These characteristics, as well as safety and a dull existence, are typical of the Baggins
Baggins. He felt a different person, and much fiercer and bolder in spite of an empty stomach” (Tolkien 141-142). This event has led to Bilbo beginning to believe in himself, which is an important contribution to his overall development into the hero of this tale. Finally, when Bilbo is met with the task of meeting the dragon Smaug, he does not turn back. Even when he must walk alone through the dark, secluded hallway to Smaug’s lair knowing that he could meet his doom at any instant, he walked on. His internal being knows this is his final test of courage, and his will to carry on demonstrates his final development into a hero.
In conclusion, we can now see that Bilbo is in fact a dynamic character. He gains many qualities he can use in the future, like courage, learning to use his wits, and letting out the adventurous side in him. He used to be almost paranoid, to himself, and strict. But now he has turned into something much bigger, an adventurer. So the adventure changed him for the better. This is how Bilbo Baggins, the hobbit we thought would never do anything
Case Study of case 69 A.D.3d 413: Yun Tung Chow vs. Reckitt & Colman, Inc.
Howell Jewelry World entered into an at will employment contract with Jennifer Lawson (“defendant”). The company provided a legal and enforceable employment contract. The defendant read, accepted and signed the employment contract offered under no duress or coercion. A covenant not to compete nor disclose company patent secrets to Howell’s competitors the defendant initialed and signed. Jennifer Lawson was terminated from employment due to excessive tardiness. Upon termination, it was revealed to Howell Jewelry World, the defendant is an employee of Triumph Jewels, another company in competition with Howell. The defendant is liable for breach of covenant not to compete. Howell Jewelry World is pursuing legal actions against Triumph Jewels for Jennifer Howell’s breach of covenant not to compete.
Wrongful Termination (a.k.a. Wrongful Dismissal) is a legal phrase that refers to any situation in which a worker’s employment is ended by the employer (terminated) in breach of contractual terms of employment, or due to any of the following: discrimination, retaliation, an employee’s refusal to be involved in illegal activity, or an employer’s
On June 22, 2007, Plaintiff filed a timely appeal of the dismissal with the Wyoming Office of Administration and Information. A hearing was held on January 7 and 8, 2008. At the hearing Bob Doctor lied under oath regarding material facts of the case. On February 7, 2008, Plaintiff was ordered reinstated and the dismissal of June 5, 2007 was reversed, which entitled Plaintiff to back pay, fees, and costs, and reinstated the property right to his job.
In a wrongful termination case, the terminated employee must prove more than having been treated unfairly, s/he must be able to prove one or more of his/her legal rights were violated” (Wrongful Termination Website, 2011). Employees in many states are at a disadvantage, possessing few rights, because of the employment at will rule, meaning employers can fire employees at any time and for no reason at all, just like employees can quit any time and for any reason. This makes the definition of wrongful termination extremely narrow.
Potter eligible for his complaint and is protected by the code as a non-unionized employee. The breach of the employment contract bounding Mr. Potter and the Commission clearly falls into the realm of constructive dismissal. The absence of proper authority and the change of terms of employment prior a settlement between the two parties, is why the case turned into Mr. Potter’s
“Heroes are made by the path they choose, not the powers they are graced with”
Wrongful dismissal is the term used at common law to denote the situation in which an employee is dismissed by an employer in breach of contract. It occurs most commonly in summery dismissal, namely, without any notice whatsoever. This is justifiable in the case of Laws v London Chronicle (indicator Newspapers) Ltd (1959), stating that “…Whether the conduct complained of is such as to show the servant to have disregarded the essential conditions of the contract of service…”
Bilbo Baggins is one of the main characters of J.R.R. Tolkien’s The Hobbit. Being a main character in a story, especially an adventure story, typically comes with some pretty hefty responsibilities. More often than not, the main character is also the hero. A hero is defined as “a person, typically a man, who is admired or idealized for courage, outstanding achievements, or noble qualities,” and these are not necessarily qualities readily attributed to Bilbo Baggins (oxforddictionaries.com). This essay will look at three ways in which Bilbo contrasts the traditional characteristics of a hero and what transformations he ends up making to fit the mold more closely. It will examine his lineage, his strength, and his attitude as well as the changes he makes throughout the story.
The “good faith” exception states that employers may only terminate an employment relationship based on good faith. Terminations based on bad faith or terminations motivated by malicious intent are thereby prohibited with this exception. Susan and the Human Resource Department need to investigate Phil’s personal vendetta against Susan’s boss to assure that a bad faith claim cannot be claimed in case of employment separation.