Question
Mr. Abble owned a small store where he repaired electronics as the single owner and employee for many years. With the increase of portable electronics,
Mr. Abble owned a small store where he repaired electronics as the single owner and employee for many years. With the increase of portable electronics, Mr. Abble's business became extremely busy so he took on another full-time electrically skilled employee, Ms. Bell to assist with repairs. The demand was still great so a few months later he took on another electrically skilled part-time employee named Mr. Care who worked 20-hours per week, and when there was still more periodic demand for assistance, Mr. Abble asked his son Abble Jr. to come in to help out from time to time. However, Abble Jr. was not skilled in repairs, and did not know about electronics at all so he mostly helped with administrative and store maintenance activities that Mr. Abble could not get to; therefore, Abble Jr. received a significantly smaller compensation that Ms. Bell and Mr. Care. Overtime, everyone worked well together for many years and grew to know each other's family members.
However, towards the end of last year, Mr. Abble drastically reduced his work hours without explanation to his employees but stated to Ms Bell and Mr. Care that he would be delegating some of the store oversight responsibilities to Abble Jr. going forward so he could help out in that capacity. By the end of the year, Mr. Abble had not come in to work at all. Also close to year-end, business started slowing down so Abble Jr. asked if Ms. Bell could reduce her hours to part-time and she agreed. Abble Jr. started coming in the store more frequently and by December he came in every morning to assign any daily work to Ms. Bell and Mr. Care or to handle administrative and maintenance tasks. The demand for repairs continued to decrease so much so that on various occasions Ms. Bell and Mr. Care had very little to do while at work.
One morning at the beginning of this year, Abble Jr. told Ms. Bell and Mr. Care that he will terminate their contracts to work at the store effective the end of that month. Abble Jr. offered a small severance package to each of them stating that this is all that could be provided to them at that time. Abble Jr. also did not share anything about Mr. Abble's position on the matter, and when asked by Ms. Bell and Mr. Care about Mr. Abble's well-being, Abble Jr. said it was private and asked them to respect that. Ms. Bell and Mr. Care met afterwards to discuss Abble Jr.'s actions and decided to jointly take Mr. Abble to court claiming wrongful termination by Mr. Abble who neglected to come into work for quite some time and neglected his duty to provide notice of termination to them directly since he, Mr. Abble is the Principal in this agency relationship, not his son Abble Jr. They also claimed that Mr. Abble not coming into work impacted business volume because the customers who used their services no longer saw Mr. Abble and became uncomfortable sending work there without his presence. In addition, Ms. Bell and Mr. Care claimed that Mr. Able being sole owner of the company is the only person who could terminate the relationship.
Once the claim was filed, it became apparent to Ms. Bell and Mr. Care that Mr. Able had gotten very ill fast but they still continued with the lawsuit. Mr. Abble's family countered the claims of Ms. Bell and Mr. Care noting that Mr. Abble's illness made it impossible for him to perform physical activities, he could not talk, was barely able to eat, and became unable to perform most activities requiring mental focus. As such Mr. Abble's family was busy taking care of his deteriorating condition which happened rapidly so Abble Jr. did whatever he was could to address work related matters, and other immediate family members focused on medical matters and expenses. Everyone knew that Mr. Abble, although he was friendly, knew that he was still always private about health matters and would not generally share those type of matters with anyone. As such, Mr Abble's illness suddenly became apparent to his family when it could no longer be hidden. Mr. Abble also would not have allowed his family to talk about his health to his employees because he was so private about that, so his family wanted to honor that and had not shared anything with the employees. As circumstances changed quickly, things deteriorated and they were at the point that they needed to wind down the business; particularly since it became apparent that Mr. Abble will not recover and had become incompetent per his doctors. With that, Mr. Abble's family, including Abble Jr. C's counter claim stated that by Operation of Law, the agency relationship with Mr. Abble and his employees Ms. Bell and Mr. Care has ended.
Based on this scenario, which claim mostly likely prevail/win in this case? Explain.
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