Would Aimer likely be able to avoid reinstating Saldona under the key employee exception? Why or why not? Rick Saldona began working as a traveling salesperson for Aimer Winery in 1979. Sales constituted 90 percent of Saldonas work time. Saldona worked an average of fifty hours per week but received no overtime pay. In June 2009, Saldonas new supervisor, Caesar

Would Aimer likely be able to avoid reinstating Saldona under the key employee exception? Why or why not? 

Rick Saldona began working as a traveling salesperson for Aimer Winery in 1979. Sales constituted 90 percent of Saldona’s work time. Saldona worked an average of fifty hours per week but received no overtime pay. In June 2009, Saldona’s new supervisor, Caesar Braxton, claimed that Saldona had been inflating his reported sales calls and required Saldona to submit to a polygraph test. Saldona reported Braxton to the U.S. Department of Labor, which prohibited Aimer from requiring Saldona to take a polygraph test for this purpose. In August 2009, Saldona’s wife, Venita, fell from a ladder and sustained a head injury while employed as a full-time agricultural harvester. Saldona delivered to Aimer’s Human Resources Department a letter from his wife’s physician indicating that she would need daily care for several months, and Saldona took leave until December 2009. Aimer had sixty-three employees at that time. When Saldona returned to Aimer, he was informed that his position had been eliminated because his sales territory had been combined with an adjacent territory. Using the information presented in the chapter, answer the above question.


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