Question
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
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 are, might be, or could be applicable if the employee sues for wrongful termination.
1.Ask yourself - is this a case of wrongful termination - why or why not?
2.What is the law or exception that might apply given the scenario?
3.Is there an exception that can be applied?Can the employee make a good argument that one should?Employer make an argument why or why not and should not?
Use statutes and/or case law to support your answer where applicable.
- Brenda, a manager, started a blog on the company website for employee grievances. She noticed that a worker was protesting that no Asian American employees had gotten a raise in two 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 fellow co-workers about forming a union. Brenda subsequently fired the worker.
- Jason, a department supervisor, requests approval to fire his secretary, Alice. Alice, a devout Christian, has been putting Right-to-Life flyers in the employee breakroom. Alice is also taking time out to pray each day during the busiest time of the morning.
- Brian, the head of the accounting department, 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 busiest timetax season.
- Peter has worked for the company for one 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.
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