So, my comment -- based on these two arguably conflicting requests for clarity -- it would seem to make the case, up or down -- as I said -- a very, very close call.
. . . .No. 1. -- Does a private employer have the legal right to eliminate a position, let the employee who filled that position go, and then immediately recreate the same position, and give the job to someone else?
No. 2. -- Was [the plaintiff] an "at will" employee?. . . .
In a decidedly more prosaic vein, the foreman also asked that the jury be excused by 5:30 PM, since the Court's parking lot closes at 6 PM. The record indicates that they were excused at 5:35 EDT PM on Friday. They are back deliberating today. We will let you know right here -- when we learn of any verdict. Updated: Merck has been exonerated. Onward.
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