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Author Question: Why did the district court in Albemarle refuse to order a back pay ... (Read 38 times)

JMatthes

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on: Jun 24, 2018
Why did the district court in Albemarle refuse to order a back pay remedy?

Question 2

Martin is a rich businessman in perfect health. Monday morning he tells his niece, Stephanie, Tomorrow I'm going to give you my brand new Ferrari.. Stephanie is ecstatic. That afternoon, Martin is killed in a car accident. Does Stephanie get the car?
 a. Stephanie gets the car because this is a valid inter vivos gift.
  b. Stephanie gets the car because this is a valid gift causa mortis.
  c. Stephanie gets the car because there is no reason to dispute that Martin made the promise.
  d. Stephanie gets the car unless Martin left a wife or children.
  e. Stephanie does not get the car.


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sierramartinez

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Reply #1 on: Jun 24, 2018
Answer to Question 1

The district court refused to order a back pay remedy for two reasons:
(a) There was no evidence of bad faith noncompliance with the Act on the part of the employer.
(b) It would have prejudiced the employer since there was no demand for back pay in the pleadings.

Answer to Question 2

.E


JMatthes

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Reply 2 on: Jun 24, 2018
Great answer, keep it coming :)

kusterl

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Reply 3 on: Yesterday
Thanks for the timely response, appreciate it

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