Question
1.Stuart had worked for a large aerospace company (with an annual payroll greater than $2.5 million) for 17.5 years. Over the past several years he
1.Stuart had worked for a large aerospace company (with an annual payroll greater than
$2.5 million) for 17.5 years. Over the past several years he had frequently been coached and had received written warnings, as well as a two-day suspension, for taking excessively long meal breaks and being late for shifts. More recently, Stuart had produced numerous faulty parts that did not meet with the precise specifications required in the employer's industry. Given his poor performance record, the employer decided to dismiss Stuart for just cause. Accordingly, the employer did not provide him with notice of termination or pay in lieu under either the ESA or the common law. Stuart sued the employer for both common law and statutory notice.
a.Do you think Stuart is entitled to notice under either the common law or the ESA? Support your answer.
b.Assume for this part of the question that Stuart is entitled to termination notice and, in addition, to severance pay under the ESA. If he earns $1,000 per week including vacation pay, how much does his employer owe him?
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