Question
Duress. In 2005, Salser Granite Co. hired Darryl Leiberger under an employment contract that stated he was entitled to six months severance pay if he
Duress. In 2005, Salser Granite Co. hired Darryl Leiberger under an employment contract that stated he was entitled to six months’ severance pay if he was laid off. The company would not have to pay in the event of any voluntary separation or involuntary termination for other reasons, such as for poor performance or for cause. In mid-2006, Leiberger was asked to resign after having an affair with the CEO’s executive secretary. Leiberger was told that if he did not resign, he would be fired for violating company policies, but that if he did resign the company would keep him on the payroll for another six weeks. Leiberger resigned and signed an agreement releasing Salser Granite from any liability for breach of the employment contract. Leiberger later claimed that he had signed the release under duress and sued Salser Granite for the six months' severance pay under his employment contract. Discuss whether Leiberger's claim for duress should succeed.
Direction on how to answer :
- Issue: Your issue can only be 1 sentence long. It must be in the form of a question based on the call of the question.
- Rule: You must write down the relevant rule and cite the page number (not section number) of the textbook on which you found your rule. You are not allowed to use the rules you find on the Internet or from any other sources.
- Analysis: Your analysis must be thorough. You cannot just a cut and paste the facts into your analysis. You can't simply summarize the facts. You must apply the rule to the facts. (See "What is IRAC.") It has to be more than 2-3 sentences long.
- Conclusion: You must clearly state a conclusion (should only be one sentence) based on the application of the rule to the facts. This means you need to take a side and not sit on the fence.
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