Question

Background:•Sam Sampson was hired as the General Manager of SleepyTime Mattress Company onApril 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 wascalled into the Human Resources Office. Hewas told that hisservices were no longer required, and that hecould pack up and leave, thatsame 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 providedno evidence to support his statement. Barbarawas 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:

Might Sam or Barbara be entitled to any additional damages, according to other common law factors? Why or why not?

Answer 1

Yes, Sam is entitled to an extra 7 days average salary for uninterrupted services. Barbara shall be provided 15 days average salary for each year of uninterrupted services.

Secondly, the damages caused due to defamation while alleging her with theft amongst its employee and colleagues.

They both are entitled to their last month salary upto the period they had worked for. They also need to be paid severance payments as well as damages caused by HR due to ruthless or unethical behavior.