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Dale is an employee of the number one competitor of your business. Over the past year, Dale has been suspended three times for poor work

Dale is an employee of the number one competitor of your business. Over the past year, Dale has been suspended three times for poor work and lateness. His boss told him that if he were late again, he would be fired, and he told Dale to read the employee handbook, which explains a system of increasing punishments. Recently, Dale discovered that his company (your competitor) had failed to take appropriate measures to remove a hazardous substance from their warehouse. Dale notifies the authorities that his company is out of compliance. Dale's company learns of the complaint and its source. A few days later, Dale is late for work and is terminated.

Explain whether Dale could be protected due to an exception to the EMPLOYMENT-AT-WILL DOCTRINE:

  • As a whistleblower (under the public policy exception)?
  • Due to an implied contract?

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