ABC Co. is a company located in Maryland. It agreed to a two-year employment contract with its Vice President (VP) at an annual salary of $200,000/year. After one year, however, ABC terminated VP’s employment without cause.
Soon after her termination from ABC, VP was offered a job as a Manager at XYZ Inc., a Maryland-based company, for a salary of $200,000 / year.
A few days later, VP was offered a job as a Vice President at 123, Ltd., a California-based company, for a salary of $200,000 / year.
Questions
1a. What are VP’s obligations? Must she accept either job offer? Explain the relevant rule and apply it to the facts to support your conclusion.
1b. What damages can VP expect if she does not accept either the Manager job (in Maryland) or VP job (in California), receives no other offers, and remains unemployed for the one-year period when her contract at ABC would have been in effect? Describe the relevant rule and apply it to the facts to support your conclusion.
2. Imagine that VP ultimately accepts a better position. Her new contract includes an annual salary that pays her $250,000/year. She still wants to follow through with her plan to sue ABC Co., however. What damages can VP expect to receive if she proves her case? Describe the relevant rule and apply it to the facts to support your conclusion.
rules-based status quo by refusing to come under multilateral jurisdiction from both UNCLOS and a the potentially binding COC agreement.
China’s Militarization:
Since December 2013, China has added 2,900 acres of new land in the Paracel and Spratly islands through island reclamation; more than all other claimants combined in the past forty years. This has given China a total of twenty outposts in the Paracel islands and seven in the Spratlys. Satellite imagery shows that China has constructed helipads, airstrips, piers, radar and surveillance structures on many of the islands. By continuing to build artificial islands and improving infrastructure China is increasing its potential power projection capabilities in the region, helping to bolster its claim (CFR 2018). As the capabilities of these islands become more sophisticated, concerns are growing in the region and beyond, triggering a range of responses.
China has occupied part of Paracel islands since the 1950s and has controlled the entire Paracel archipelago since 1974 (Maritime Awareness Project 2019). More recently, China has expanded its 20 outposts in the Paracels through land reclamation. Contrary to official narratives, reclamation has increased the size of Tree Island and has rebuilt a part of land bridge between North Island and Middle Island that had been destroyed by Typhoon Sarika in October 2016. As well as continuing land reclamation in the Paracels, China also continues to upgrade its military infrastructure on the island chain. Duncan Island, Woody Island and Tree Island now have protected harbours that can host significant numbers of naval or civilian vessel (see Figure 2). Four smaller harbours have also been constructed on Lincoln, Money, Pattle and Triton islands, including a fifth that is being built on Drummond Island. The air capabilities such as helipads and helicopter bases that exist on multiple islands as well as airstrips, hangars and deployment of HQ-9 su