Rosemary's Baby's Blues

Archie was hired on April 1, 2018 at a non-unionized, privately owned, Michigan company called the Rosemary and Family Button Works (hereinafter referred to as RFBW) as a "Mixer." It was his job to follow a recipe to mix the plastic "pluzine" which was extruded, formed, pierced, imprinted and heat-fused into buttons.

Archie, who was employed as a computer technician at a unionized, "just cause" company at the time of his hire by RFBW, had learned of the job opening from his girlfriend of two years, Delilah, who is the president/owner's (Rosemary's) "baby" daughter.

Delilah told Archie that if he was hired, he could make a career of button making, as the company would employ him permanently, unless he voluntarily quit or was fired only for "just cause." Archie asked her if that was 'for real."Delilah said it truly was - as she was Rosemary's daughter and the heir apparent to the whole business some day "down the road." The 18 year old company had grown from one of just family members to one with an annual gross income of $17,000,000.00 and 80 employees. It specialized in single-run, custom made buttons made in the USA.Each button had "USA" molded on its outer rim and could be further customized in shape or imprint to meet the desires of the customer.

Archie had been employed at the unionized Computer Home International Programming Service (CHIPS), where he enjoyed a union negotiated contract providing that his employment there could not be terminated except for just cause. Archie's work there was performed off premises. He worked about 4 hours per day out of a third bedroom in his home that he had made into an office. Archie wanted to work both at his computer job and the RFBW job.He would be able to work the computer job in the evenings after he was done at RFBW. Archie applied for the Button Works job, and indicated to Delilah's mother, Rosemary, his plans to keep the computer job as part time. She said that she wouldn't hire Archie if he "moonlighted" on a job like the one at CHIPS as it would hinder his ability to direct his full attention to a career at RFBW. Archie argued that he had job security at CHPC, and he would have plenty of spare time to do it, but Rosemary would not budge on her position. Archie quit his computing job so that he would be hired at the Button Works. This did not make CHIPS happy as they thought they had treated Archie very well - thus, Archie's prospects for any future employment there were nil.

Archie appeared for work at RFBW on the appointed day and began his employment there by "processing in" at the HR office. He received and signed for an Employee Manual describing a number of benefits, responsibilities, and rules. Among them were as follows:

Section 7. Section 9.	We pride ourselves on our relationship with our employees and we value each and every one of them. We will work with you to insure that you are treated according to the highest standards in all matters concerning your employment. RFBW requires its employees to keep all information about RFBW confidential both while an employee and for two years after the cessation of employment. As a condition of employment, employees agree that they shall not be employed at or engaged in any plastic molding or stamping operations within the USA that competes with RFBW for a period of 2 years following their employment at RFBW.
Section 11.	We here at RFBW appreciate your hard work and dedication to your duties. Accordingly, we have an "open door" policy. Please feel free to address any grievances that you have regarding your employment directly with the RFBW president by making an appointment to meet with her in her office.
Section 19.	Nothing in this manual is to be construed to create a contract of employment. Any of its provisions may be changed by the employer at any time without consultation with the employees. All employment with this company are "At-Will" both on the part of the employer and employee. This At-Will policy applies to the company and all employees and can be changed only by the President of the company in writing. Either the employer or employee may terminate the employment relationship orally or in writing at any time for any reason or no reason, with or without advance notice.

Archie was shown a safety movie and given a tour of the facilities by an OU HRD intern who was working at RFBW for the semester.Directly thereafter, Archie had lunch with Delilah and asked her about the statements in the Employee Manual in relation to what she had told him earlier about job security. Delilah told Archie not to worry - the employees were all pretty good, and no one had ever been fired from the company during its 18-year history unless they had done something really bad. She correctly stated that "in fact, only two people have ever been fired in total - Whince, who was caught stealing and then there was Kelly, who punched her supervisor in the face for not giving her a day off to go to the Detroit Tigers Opening Day game."

Archie started to work after lunch, and was assigned to the mixing department under the direct supervision of his "soul mate," Delilah. She instructed him as to his duties and told him that he would be on "Probation" for 6 months.

By October of 2019, Archie had become quite proficient at mixing. He had never received any discipline. He had been the Employee of the Month six times, the last time being in November of 2020. He had a perfect attendance record for all of 2019 and 2020.

As part of his duties, Archie would mix batches of "pluzine" large enough to make 5,000 buttons each in an extra-large, industrial-sized, American-made, Hobart mixer by putting in the normal resins and chemicals and then adding colors according to the color formula and instructions from his supervisor, Delilah.The pluzine was then conveyed to a custom set button extruder and decoratively stamped before going into an oven.

On February 26, Delilah told Archie that she would be going to an Alumni Seminar at Oakland University the next day, and that he was to fill an extraordinarily large order for 30,000 buttons of "324 Blue" color in her absence. She gave him a copy of the work order.

On February 27, Archie proceeded to follow Delilah's instructions. It took him all day to make the six batches. Near the end of the day, however, when Rosemary, the owner, entered the production department from the office, she saw the blue buttons and loudly screamed "What idiot did this?!!" It seemed that everyone in the place stopped what they were doing and looked at Archie.It turned out that the buttons were supposed to be "329 Teal" and not "324 Blue." Apparently, Delilah had typed 329 instead of 324.

The whole plant had been engaged all day in making unusable custom color buttons wasting both time and materials resulting not only in a monetary loss, but a dissatisfied customer who needed the buttons to continue production at her US shirt factory.

As the other employees standing nearby listened, Archie told Rosemary that he had followed the specific instructions of Delilah in making the blue buttons. Rosemary, who didn't think Archie was suitable for her daughter from the start and had never really liked him, and wanted him to feel so stupid that he would realize that he was not right for Delilah, immediately told Archie in an extra loud voice that he was a poor excuse of a human being, a loser, and a productively impotent slacker moron. She fired him, pointed to the door and ordered him off the property - signaling for Knuckles, the Security Officer, to escort him out. A number of the employees, who had witnessed the exchange, quickly averted their eyes and returned to their duties so as not to draw the attention and/or wrath or Rosemary. Notably, Nathan, Delilah's ex-boyfriend from high school had a quirky, satisfied smirk on his face.

Archie immediately texted Delilah, urgently asking her to call him ASAP. She called him late that afternoon as soon as she got out of the rather interesting and enlightening Oakland University Alumni Seminar sponsored by the HRD Student Association and Honor Society. The next morning, Delilah and Archie went to Rosemary's office. Delilah admitted that the whole mix-up was her mistake and not Archie's. Rosemary said that Archie was still fired because his statement that it was Delilah that had made a mistake was insolent and had embarrassed the family in front of the other employees. Besides, she never liked him anyway and wished that Delilah would find a smarter, more ambitious and, perhaps, wealthier boyfriend.

Since that time, Archie has been without a job.He has looked and interviewed, but when he discloses his former employment and the circumstances of his departure, these potential employers thank him and tell him that he might be contacted in the future. No employer has contacted him.

Archie indicates to you that he feels that there was no just cause for his discharge. He wants his job back or some kind of money damages other than the Unemployment Compensation he received ($310/week for 26 weeks). He doesn't think that Rosemary could legally require him to stop working at his computer job as a condition of employment at RFBW.Now he can't return to CHIPS because they are angry at him for quitting. He can't even visit Delilah at work, because he is too embarrassed to face the other employees after what happened. Archie believes that he was discriminated against, is distraught over the way he was addressed in front of "everybody in the place" by Rosemary, and continues with professional counseling for severe, debilitating depression.

Please separately answer these 8 point questions below pertinent to Archie's scenario.

Do not repeat the General Instructions or scenario above in your submission - just include the boxes below.

	Was the "No Moonlighting" rule legal - especially in light of the fact that the CHIPS job would not have interfered with Archie's work at RFBW and was not a competitor? Yes or No? Explain in 25 words or fewer if you believe it necessary.
2.	Assume (for purposes of this question - regardless of your answer above) that it was legal; did Archie's compliance with it causing him to relinquish his "just cause" computer job create an implied contract of employment producing a "just cause" standard for continued employment? Yes or No? Explain in 25 words or fewer if you if you want to.
3.	Does the fact that Archie successfully served and passed the six month probation period create a just cause contract of employment? Yes or No? Explain in 25 words or fewer if you if you want to.
4.	Does Archie's excellent employment record create the legal necessity for the employer to have a good reason to terminate Archie's employment? Yes or No? Explain in 25 words or fewer if you want to.
5.	Is the termination of Archie's employment legal in light of the fact that it can be proven that the mistake was not Archie's fault? Yes or No? Explain in 25 words or fewer if you want to.
6.	Can Archie be legally fired for "embarrassing the family," even though the mistake was 100% a family member's fault? Yes or No? Explain in 25 words or fewer if you want to.
7.	Based on the facts presented, decide if Archie has a case for wrongful discharge? Yes or No? Explain in 25 words or fewer if you want to.
8.	Based on the facts presented, decide if Archie has a valid claim of illegal discrimination. Yes or No? Explain in 25 words or fewer if you want to.
9.	From the facts presented, are there any other tort claims under which Archie is likely to prevail? If yes, how will Archie meet the elements of the claim?
10.	Archie's aunt has invited him to live with her in California. Can Archie move there and use his button making skills at a new button making facility just opened up by her new husband? Yes or No? Explain in 25 words or fewer.
11.	Can CHIPS legally take the fact that Archie had quit his job there to take a job with RFBW, a company in a non-competing field, to account in determining whether to re-hire Archie? Yes or No? Explain in 25 words or fewer if you want to.
12.	Immediately after Archie demanded in writing that Rosemary provide him with the reason(s) for the termination of his employment, Rosemary refused. Is this refusal legal? Yes or No? Explain in 25 words or fewer if you want to.