Question

16)Mr. Lopez, the owner of the firm, had a large family. His six children were all in their late teens or early twenties and were in school or had jobs. However, in the summer of 2001, two of the six children got laid off and the other four children were having trouble finding work. Lopez spent ten days reorganizing his firm to find jobs for his family. He decided that the foreman at the plant, Mr. Wedman, who had been with the firm for twelve years, seven as foreman, could go back to being a carpenter and make room for his oldest son, who had management experience. There was no written employment contract with Wedman. On Friday afternoon, Lopez called Wedman into the office and told him that on Monday he would return as a carpenter and that he would be under the direction of his son. Wedman said he didn't want to be a carpenter or under the direction of his son and wouldn't do it. Lopez dismissed him immediately and with no severance pay. Which of the following is true? A.Lopez can fire Wedman for any reason and owes him nothing, because Wedman is not protected by a union. B.Lopez can fire Wedman for any reason and owes him nothing, because Wedman is not protected by a written contract. C.Lopez had just cause for dismissing Wedman, namely, for disobedience. D.Wedman could sue for wrongful dismissal because he was fired from his job when he refused to return as a carpenter, not as a foreman. E.Lopez can’t fire Wedman at all if the real purpose of firing him is to make room for his own son.

Answer 1

At present Mr. Wedman is serving as a foreman.

Mr. Lopez has told him to go back to his previous position as carpenter.

Mr. Wedman refused to do so and was dismissed by the Mr. Lopez.

Mr. Wedman can sue the Mr. Lopez for wrongfull dismissal even though he does not have a writtemt employment coontract because he is doing his job in fine manner and has not refused to do his job as foreman but has only refused to go back to his previous position. This can not be construed as disobedience as well because he has not refused to do his current job.

Thus,

The correct answer is the option (D) [Wedman could sue for wrongful dismissal because he was fired from his job when he refused to return as a carpenter, not as a foreman].