Paralegal

Category - Judgement

Sunrise Travel is a Florida corporation that markets cruises and other vacation packages. It employs 500 people. Sunrise Travel’s Articles of Incorporation state that all employees are considered at-will employees, except for the President and other officers appointed by the Board of Directors. Mr. Hernandez is the President of Sunrise Travel. Sunrise Travel’s Human Resources Department issued an employee handbook stating that the rules in the handbook apply to all at-will employees. If a paralegal concluded that the rules of the employee handbook do not apply to Mr. Hernandez, would that conclusion be correct?
  1. Yes, because the President is not considered an at-will employee of Sunrise Travel.
  2. Yes, because Mr. Hernandez is not considered an at-will employee of Sunrise Travel.
  3. No, because being an officer of Sunrise Travel does not preclude application of the handbook.
  4. No, because the handbook was not approved by the Board of Directors.
Explanation
Answer: C - No, because being an officer of Sunrise Travel does not preclude application of the handbook. The major premise is that the rules of the employee handbook apply to all at-will employees. The minor premise is that Mr. Hernandez is the President of Sunrise Travel. These premises do not permit the paralegal’s conclusion because nothing has been said about whether the handbook applies to officers. Note that the conclusion would be different if the major premise stated that the employee handbook applies only to at-will employees. Answer A is not correct because exclusion from the class of at-will employees does not mean officers are excluded entirely from those persons to whom the handbook applies. Answer B is not correct for the same reason Answer A is not correct. Answer D is not correct because approval by the Board of Directors would not affect the applicability of the handbook to officers.
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