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Jose and Erica, former sweethearts, both worked as sales representatives for Magna, a multinational firm engaged in the manufacture and sale of pharmaceutical products. Although the couple had already broken off their relationship, Jose continued to have special feelings for Erica.
One afternoon, Jose chanced upon Erica riding in the car of Paolo, a co-employee and Erica’s ardent suitor; the two were on their way back to the office from a sales call on Silver Drug, a major drug retailer. In a fit of extreme jealousy, Jose rammed Paolo’s car, causing severe injuries to Paolo and Erica. Jose’s flare up also caused heavy damage to the two company-owned cars they were driving.
(A) As lawyer for Magna, advise the company on whether just and valid grounds exist to dismiss Jose. (4%)
(B) Assuming this time that Magna dismissed Jose from employment for cause and you are the lawyer of Jose, how would you argue the position that Jose’s dismissal was illegal? (4%)