Question

Explain the Employment at Will Doctrine and ALL the exceptions to the Doctrine. Look at the scenarios below and determine whether the decision to fire the employee is a smart one. Identify why or why not and determine all the possible exceptions per the EAW Doctrine that is applicable, might be or could be applicable if the employee sues for wrongful termination.  

Scenarios:

• Brenda, a manager, started a blog on the company website for employee grievances. She noticed a worker was protesting that no Asian American employees had gotten a raise in two (2) years at the company. The worker also criticized how much the CEO made and how the CEO was “out-of-touch.” Brenda reprimanded the worker. The next day, the worker talked to her fellow co-workers about forming a union. Brenda subsequently fired the worker.   
• Jason, a department supervisor, requests approval to fire his secretary. Alice, his secretary, a devout Christian woman, was putting out Right-to-Life flyers in the employee break room. Alice was also taking time out to pray each day during the busiest time of the morning.  
• Brian, head of Accounting, refused to sign Lori’s leave request for jury duty. Lori is a tax attorney in his department. Brian wants to fire Lori for being absent without permission during their most busy time - tax season.
• Peter has worked for the company for 1 year. He has a rare form of liver disease and works with chemicals that make his condition worse. Peter does not want to stop working but his boss is not happy with his performance and wants to let him go.

Answer 1

Solution –

Employment at Will (EAW) doctrine explains that employees have a right to leave the organization whenever they wish and employers can terminate the services of the employees without notice or cause. There are 4 exceptions to this doctrine –

• Adherence to public policy such as anti – discrimination and employment laws.
• Covenant of Faith – Employer and employees will have to be fair to each other.
• Written and implied contracts between the employer and the employee will undermine this doctrine
• Trade unions and collective bargaining units have contracts within the organization also undermine this doctrine.

Now let us look at the scenarios –

1. In this case the worker has criticized the company openly on a blog. The worker has also gone ahead and criticized the CEO and flouted with the reputation of the company. The issue of discrimination could have been raised within the organization or legally but Brenda is right in terms of the EAW to fire the worker and does not flout any of the exceptions. The worker is enquiring to form a union which is the right of the worker and is not ground enough to expel the worker.
2. Jason must confront Alice and clear his expectations. The religious grounds on which Alice is being looked at is not in terms with the doctrine of EAW and the public policy exception will come to the aid of Alice.
3. As a Jury Duty call for Lori, there is a mandatory leave that needs to be granted under the law to Lori. Brian the manager had issues as this was the peak tax season and Lori was required at office. Hence the employer in this case Brian should have written a letter to the court to postpone the Jury Duty but as there is no mention of this step in the scenario hence in this case Lori cannot be fired under the EAW as this would be an exception under public policy and covenant of faith.
4. In this case Peter’s boss has all the right to ask Peter to leave as there is a question on performance. Peter can find solace if there is any union in the organization that could help him out otherwise his Boss has all the rights as per EAW to stick to his decision. If there are any terms in the employment contract then this can also protect Peter.