Question
Background: Most workers in the U.S. are considered at-will employees. Basically, this means that an employee can be terminated from their job at any time,
Background: Most workers in the U.S. are considered at-will employees. Basically, this means that an employee can be terminated from their job at any time, for almost any reason (or no reason at all), even if they didn't do anything wrong. It also means that the employee is free to quit and go find another job at any point, even if the employer wasn't wrong. While it's common for employees to give 2-weeks' notice prior to leaving, this notice is just tradition and a common courtesy rather than a legal requirement. The purpose of this assignment is to look at exceptions to the at-will relationship and analyze some scenarios to see if they fit.
- According to the NC Dep't of Labor website, what are the most common exceptions to the general at-will rule? https://www.labor.nc.gov/workplace-rights/employee-rights-regarding-time-worked-and-wages-earned/employment-will
- Charlie has an employment contract with his employer which states, among other things, that he can only be fired "for cause". One day, Charlie's boss calls him into the office and says that he is terminated effective immediately and states no reason for the termination. Does Charlie have a case for wrongful termination? Explain your answer.
- Susan does not have a contract and is not a member of a union. Her boss calls her into the office and says that she is terminated effective the end of the day. When Susan asks why, the employer responds that she "just doesn't like Susan's attitude and thinks she'll be happier elsewhere". Does Susan have a case for wrongful termination? Explain your answer.
- Joseph (an Asian-American man) works as a waiter at a cowboy-themed restaurant in Kansas. A new manager is hired at the restaurant and quickly terminates Joseph's employment. When Joseph asks why he's being fired, the manager responds that "the customers want to see authentic-looking white cowboys and having a Chinese cowboy just doesn't make any sense." Does Joseph have a case for wrongful termination? Explain your answer
- Robert and Charlene both work as financial advisors for a large wealth management firm. They both work as at-will employees with no contract and are considered equally qualified for the job. They are both single parents with two children. When the company experiences financial troubles, it determines that one of them must be terminated to save money. Charlene's manager informs her that she is being terminated. When she asks why she has been chosen, her manager responds that they can't fire Robert "because he's a man that has to provide for his family". Does Charlene have a case for wrongful termination? Explain your answer.
- Angela and Steven work at a home repair business. The company owner has strong Christian religious views and insists that all employees gather for a mandatory Bible study and prayer meeting every day before work. Steven (an atheist) requests an accommodation to be excused from the meetings due to his religious beliefs. The owner first cuts Steven's pay, and soon after fires him. A few months later, Angela (an agnostic) stops attending the meetings due to the conflict with her religious beliefs. She is terminated shortly after. Do you think Angela and/or Steven have a good case for wrongful termination? Explain your answer.
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