[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.
-Is the employment contract's provision, that Briana cannot be terminated without notice and thirty days to improve, likely enforceable?
A) Yes, because licensing statutes are meant to provide revenue to the state and the proper remedy for an unlicensed professional is a fine.
B) No, because the licensing statute in that state is intended to protect public health, and the agreement would most likely be deemed illegal and unenforceable.
C) Yes, because the contract can be severed and it is not relevant that the law requires a license to protect the public.
D) Yes, because it was ratified by two months of performance.
E) No, because the purpose of the statute was to control the number of pedicurists in the state.
Correct Answer:
Verified
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