What his position is in terms of employment relief

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Bob Smith the manager of Token Products Company wants to hire a production worker with special skills so Token Products does not have downtime since the last employee in the position left suddenly and Bob does not want to spend time and money training a new person. Bob knows that his competitor, ACME Products, across town has a number of well trained specialists that he needs. Bob discussed his situation with the Human Resource Director who informed Bob about the Employee handbook policy of working based on company need and assigned schedules. Bob, the hiring manager, informed him that he was going to offer Joe extra money to start and did not want to tell him of the policy or that possible weekend work was required. In fact Bob had hoped that weekend work would no longer be necessary as they were meeting production schedules. Bob thought that by offering him extra money and incentive Joe might overlook any weekend work once he was employed. Bob has his Human Resource Recruiter to call one of the employees and offer a very attractive best offer of $60,000 with bonuses and extra insurance benefits. Joe Simpson, making $45,000 annually, is the employee that is considering the offer from ACME wants to know if any weekend work is necessary in the new position at Token Products because ACME does not require any weekend work. Since Joe is a family man and does not like to work weekends he feels that is very important to him in his decision to move despite the attractive offer. During the interview Bob, the hiring manager, assures Joe that there is no weekend work and that his package is for a standard 40 hour work week; however when Joe gets the standard offer letter from Human Resources it states that “the employee must work the schedule assigned”. Joe accepts the position at Token Products completes the application form after the fact as a routine procedure in H.R. and he starts work for Bob at Token Products on a Monday morning. Due to a boom in sales and a increase in customer orders after the first week of work Bob tells Joe that he must work the weekend due to the change in production schedule. Joe refuses and is upset with the decision. Bob warns Joe that if he does not work the weekend he will be terminated for cause (insubordination) and will lose his job. Bob contacts you his attorney and seeks advice as to what his position is in terms of employment relief. What is your advice relative to the contract that Joe accepted and the rights he has?

Reference no: EM131720267

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