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RE: Employment law question
Lori:
I thought that question (now from long ago) was
interesting, too, and it does seem like the law student
could demonstrate the definite term of the contract the way
you suggest. I would also think that the law student's
case is helped by the fact that a firm is able to calculate
and factor in such expenses as summer law clerks (given
that these offers are made less than a year in advance and
the firm knows exactly how much the clerk will cost for the
summer). Thus, the firm does not have a right to rescind
the offer.
Jennifer
On Wed, 23 Feb 2000 14:49:29 -0500 (Eastern Standard Time)
Lori Sue Ratliff <lsr5t@cms.mail.Virginia.EDU> wrote:
> Hi guys,
>
> Here's a question I've been wondering about. What do you
> all think?
>
> Very early in the class Rip asked whether a law clerk hired
> "for the summer" would have any protection when the law
> firm rescinded the original offer. In that case, couldn't
> the law clerk argue that he/she had a contract for a
> definite term, that is "for the summer?" Then the jilted
> clerk would either introduce evidence that "for
> the summer" typically means X number of weeks, or introduce
> evidence that he/she accepted the offer of employment for Y
> number of weeks. Thus, the clerk's damages would be
> his/her expected summer salary (mitigated of course by
> other wages earned).
>
> Or do you think that courts require definite term contracts
> to be more specific in terms of days, weeks, months, etc...?
>
> Lori
>