[Pedicurist License] Briana Applied for a Job at Nedra's Salon

question 34

Multiple Choice

[Pedicurist license] Briana applied for a job at Nedra's salon as a pedicurist and signed an employment contract with Nedra. The contract contained a provision that stated, "Employee cannot be terminated for poor performance without prior notice and thirty days to improve performance." After Briana worked for Nedra for two months, Nedra noticed Briana did not follow standard public health procedures for pedicures. Nedra called the state licensing agency and found out that Briana's pedicurist license had expired ten years ago. Nedra's state requires that, in order to protect public health, all pedicurists must be licensed by the state in order to perform pedicures at salons within the state. Briana claimed that, according to the explicit terms of the contract, Nedra could not terminate her for poor performance without first giving her notice and thirty days to improve her performance.
-Rabbi Dave, who strictly follows Sabbath law, purchased a golf club online on Friday morning. His account was set to the default status, under which payment is made at the time of shipping. Unbeknownst to Dave, shipment is made on Saturday, in violation of Sabbath law. On Monday morning, Dave notices an email that payment was made on Saturday. Dave calls the company, claiming that the agreement is illegal and should be rescinded. Is he correct?

• A) Yes, all states have Sabbath laws that make it illegal to enter into a contract on a Sabbath day.
• B) Yes, though not all states have Sabbath laws that make it illegal to enter into a contract on a Sabbath day, any contract created on a Sabbath day can be rescinded.
• C) No, some Sabbath laws make it illegal to enter into a contract on a Sabbath day, however, fully performed contracts created on a Sabbath day cannot be rescinded.
• D) No, all states have Sabbath laws that make it illegal to enter into a contract on a Sabbath day, however, fully performed contracts created on a Sabbath day cannot be rescinded.
• E) No, but only because the contract was not fully executed.

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Definitions:

Brain Tumor

An abnormal and often uncontrollable growth of cells in the brain that can disrupt normal brain function.

Bone Marrow Transplant (BMT)

A medical procedure used to replace damaged or diseased bone marrow with healthy bone marrow stem cells.

Histocompatible Donor

A donor whose tissues are immunologically compatible with those of the recipient, reducing the risk of rejection.

Syngeneic

Referring to genetically identical individuals or cells, often used in the context of transplantation where the donor and recipient are genetically the same, such as identical twins.