Question
On December 1, 2001, Kumar started working as a Manager at Walmart. Kumars salary started at $50,000 per year, and by 2021 had reached $150,000
On December 1, 2001, Kumar started working as a Manager at Walmart. Kumars salary started at $50,000 per year, and by 2021 had reached $150,000 per year. At the time Kumar began working at Walmart in 2001, he signed a written employment agreement that had the following termination clause: Kumar and Walmart agree that either party may terminate this employment relationship by giving the other party one weeks notice of termination (or equivalent pay). On December 10, 2021, Kumars boss told Kumar that he was being terminated. They wanted him to leave that same day (today) and paid him one weeks salary- to December 17, 2021. Kumars boss told Kumar he had been an excellent employee, but the contract he agreed to back in 2001 required that they only give one weeks notice (or equivalent pay), so that is all they would pay to Kumar. Kumar replied, I know I agreed to that amount of notice in my contract, but it seems so unfair after 20 years of work to only get a weeks pay. Today, Kumar is 57 years old. The reason he was fired from her job is due to downsizing- Amazon is taking too much business away from Walmart - and its difficult to find another job. Big store businesses such as Walmart also seem to prefer not hiring people over the age of 40. Kumar decided to hire a lawyer and sue Walmart for wrongful dismissal. Will Kumar be successful? Walmart has already admitted that it did not have just cause to terminate Kumars employment. In answering the question, please be sure to discuss the following: whether the termination clause is legally enforceable. If the termination clause is not enforceable, how much (common law) notice Walmart is required to pay Kumar HINT: It is NOT 8 weeks (2 months). In answering this question, be sure to use the IRAC case analysis method
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