Asked by Diana Garcia on Jul 07, 2024

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Jolene, aged 16, is hired by the Sparkle Company, a costume jewellery manufacturer, to learn the design and manufacture of costume jewellery for the upscale market. Under the contract she signs, she will receive quite a low salary for the first three years, and then will be put on the regular pay scale once her apprenticeship is completed. After a year, her designs are being sought by stores in Europe and the U.S.A. The world's largest and most prestigious costume jewellery firm, located in Paris, wishes to hire her and pay her a fabulous salary as well as give her the free use of a large apartment in a very desirable neighbourhood in Paris. Jolene wants to accept the offer from the firm in Paris. Sparkle's management refuses to release her from her contract because her designs are building their reputation. "We taught her everything she knows," says the president of Sparkle. Discuss the positions of Sparkle and Jolene in these circumstances.

Apprenticeship

A system of training a new generation of practitioners of a trade or profession with on-the-job training and often some accompanying study.

Contract

A binding legal arrangement agreed upon by two or more parties, enforceable through legal action.

Prestigious

Held in high esteem or regard; indicative of or conferring prestige or distinction.

  • Understand the legal rights and obligations of minors engaged in contracts.
  • Examine contractual matters related to employment, focusing on restrictive covenants.
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Stephanie DominguezJul 14, 2024
Final Answer :
An ordinary contract of employment that has an indefinite time period can be ended by a minor giving reasonable notice. Sparkle can argue that this is a beneficial contract of service, since Jolene is being taught the trade by them. If, however, she is to expect that the company is already dependent on her ability to create its growing reputation, it may be questionable how beneficial, in an educational sense, the contract is to her. A court may release her from the contract if what she has learned is minimal, on the grounds that Sparkle did not teach her everything or even very much of what she knows.