Melanio A. Fortin 5856695 Assignment #2 Diane Pardu v. Dual Power Solar Diane Pardu has been an employee for Dual Power Solar for 17 years and is was fired at the age of 49. During the 17 years of employment, Diane possessed an annual wage of $51,000, an additional $10,000 for commissions, and health care benefits. Diane performed very well as an employee for Dual Power Solar, as she is very rarely late for her shifts. Although Diane was late on March 18th, she provided a notice, but displaced dishonesty to her sales manager. On April 15th, Diane seems to have been laid off but, Andrew did not provide a proper notice of termination to Diane nor indicated that she has been terminated. Diane has an obligation to mitigate. Diane must try to find another job after being terminated but, Diane failed to search for another job which shows she has failed her obligation to mitigate. Diane Pardu should be entitled to severance pay of two days’ wages for each completed year of service, plus five days’ wages. When Diane has been laid off for more than three months, she can treat this layoff as a termination and claim termination pay and severance pay. However, an employee can be dismissed without notice due to immoral conduct on or off the job that reflects badly to the employer under the just cause dismissal. Due to Diane’s almost …show more content…
Although Diane Pardu performed an act of dishonesty, that alone is not a reasonably enough act to cause for termination without severance pay or notice. Furthermore, Diana Pardu’s 17 year history with Dual Power Solar proves to be very professional with very few and rare flaws. Considering the termination of other employees, a ratio of 1 year to 1 month of severance pay seems to be fair and reasonable amount. In conclusion, Diane Pardu will be rewarded a severance package that consists of 17 months pay and benefits from Dual Power