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Please: Write your answer as if you were explaining your answer to someone who is learning the material for the first time; Clearly answer the
Please:
Write your answer as if you were explaining your answer to someone who is learning the material for the first time;
Clearly answer the questions asked;
Explain your rationale behind your answer; and
Provide example s ?that justify, or further explain, your answer to the question where applicable.
Successful answers will incorporate all components.
Question:
Alice was an employee of Madhatter Insurance which is based in Vermont. She worked in the strategy department and was generally considered a good employee and received positive performance reviews from her supervisor.
One day, Madhatter's upper management circulated a letter discussing newly proposed legislation that would impact the company's business by requiring it to modify its reserve requirements and limit how Madhatter is allowed to invest the money it collects from premiums. The letter concluded by asking everyone at the company to get involved and contact members of Congress to protest against the passage of the legislation. The letter did specifically state that this was just a request and not a part of anyone's job at the company.
Madhatter had an employee manual in place that stated that employees could not be required to engage in political activity as part of their employment and sets forth a series of procedures that are to be followed when the company decides to fire someone. The company's employee manual specifically required that employees first be placed on at least one corrective action plan before terminating them. This procedure is always followed by the company when firing someone.
Alice vocally refused to engage in political lobbying efforts for Madhatter to her boss. Alice was subsequently terminated. Alice was not placed on a corrective action plan prior to her termination. When she asked for one, her boss responded that one was not being offered one in this situation because she was just not a team player and the company did not want to keep her around any longer.
Alice, reminded her boss about the employee manual and he said that the procedures set forth in the manual did not matter because her employment was at Will.
Alice then informed her boss that she thinks that he is mistaken and she will be asserting her rights in this matter.
a ?Does Alice have a claim for breach of her employment contract? Why or why not please do not forget to discuss any cases from the text that discuss this type of situation in your answer ?
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b ?Assume she files a lawsuit against the company, do you think that she is likely to win her case? Why or why not please do not forget to discuss any cases from the text that discuss this type of situation in your answer
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