AP/HRM 3420 - EMPLOYMENT LAW

You've just been hired into the Human Resources department of a small company. You get a direction from the President that, due to a downturn in the marketplace, you need to make some tough decisions relating to three long term employees who haveeach been with the company for over five years-Jin, MustaphaandKeisha. She makes it clear to you that she would like to keep these employees available as she is certain that they will get some new funding and/or the economy will improve but she just can't keep them on the payroll at the moment.

You look at the employees' contracts.Jinhas been at the company from the beginning and you realize that he has never had a written contract.Mustaphahas a written contract but it is silent on issues relating to termination i.e. no express termination clause.Keishacurrently has a written contract that limits her to the minimum statutory requirements found under theESAand with a clause that allows for temporary layoffs. She signed this new contract only last year.

What advice can you give the President and what issues do you see with each of these employees? If there is information that would help you please indicate what it is and why it would help. If there are legally decided cases which would support your opinion, please refer to them.