Question: When Shiloh interviewed for a sales job at a medical supply company, the interviewer promised...

Transcribed Image Text:

Question: When Shiloh interviewed for a sales job at a medical supply company, the interviewer promised that she could work exclusively selling medical devices and would not have to be involved in the sale of drugs. Once she began work (as an employee at will), Shiloh discovered that the sales force was organized around regions, not products, so she had to sell both devices and drugs. When she complained to her boss over lunch in the employee lunchroom, he said in a loud voice, "You are a big girl now, it's time you learned that you don't always get what you want." That afternoon, she was fired. Does she have a valid claim against the company? Strategy: We know that Shiloh is an employee at will. We also know that she is not protected by any statute we have studied. What about the common law? Shiloh has had two interactions with the company-being hired and being fired. What protections does the common law provide during the hiring process? The employer's promises are enforceable. Here, the company is liable because the interviewer clearly made a promise that the company did not keep. What about the way in which Shiloh was fired? Is it intentional infliction of emotional distress? Was this treatment cruel? Probably not cruel enough to constitute intentional infliction of emotional distress. Result: The company is liable to Shiloh for making false promises to her during the hiring process but not for the manner in which she was fired.