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Background: Sam Sampson was hired as the General Manager of SleepyTime Mattress Company on April 1, 2012, at age 56. He worked directly under the

Background:

  • Sam Sampson was hired as the General Manager of SleepyTime Mattress Company on April 1, 2012, at age 56. He worked directly under the Chief Executive Officer.
  • Barbara Barker joined the same company as Junior Accountant on September 26, 2016, at age 42. She worked as a member of the Accounting Staff, reporting to the Head Accountant.
  • On July 1, 2020, Sam was called into the Human Resources Office. He was told that his services were no longer required, and that he could pack up and leave, that same day. The C.E.O. told him that he was being fired because the company was downsizing.
  • Later the same day, Barbara was also dismissed. Her boss stated in front of other workers that Barbara was being fired for stealing money from the company. However, he provided no evidence to support his statement. Barbara was embarrassed, and felt her reputation had been unjustly ruined.
  • Sleepytime Mattress Co. paid Sam one extra week's salary as "severance pay", but they did not provide any extra pay to Barbara.
  • Barbara and Sam each decide to hire a lawyer to sue SleepyTime Mattress Co. in court.

Questions to consider:

  • What tort(s) could each of them sue for? (see Video Lectures on Tort Law, Employment Law Pt. 1 & 2)
  • How many extra weeks would the employer have to pay each employee, according to the Employment Standards Act?
  • Might Sam or Barbara be entitled to any additional damages, according to other common law factors? Why or why not

The answer must be different as the and of these questions are already have in Chegg.

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