Buslaw

In: Business and Management

Submitted By ramiro
Words 2299
Pages 10
Think about the following questions from the point of view of violation of public policy or breach of a covenant of good faith and fair dealing, and see what the outcome would be. * a. An employee was suspended pending discharge for sleeping and “loafing” on the job. The employer offered to change the penalty to suspension without pay if the plaintiff would sign a “last-chance agreement” under which he waived and released “any claims, suits, or causes of action” against the defendant. The employee refused to sign because he was unwilling to waive his rights to state unemployment benefits or workers' compensation. Under state statute, agreements to waive such rights are invalid. The employee is discharged. [Edelberg v. Leco Corp., 236 Mich. App. 177 (1999).] * b. A nurse is asked by her employer to sign a backdated Medicare form. She refuses and is terminated that day. As a healthcare provider, she is required to complete that particular form. [Callantine v. Staff Builders, Inc., 271 F.3d 1124 (8th Cir. 2001).]

Exceptions to the Doctrine of Employment-at-Will
States vary in terms of their recognition of the following exceptions to the doctrine of employment-at-will. Some states recognize one or more exceptions while others might recognize none at all. In addition, the definition of these exceptions also may vary from state to state. * • Bad faith, malicious, or retaliatory termination in violation of public policy. * • Termination in breach of the implied covenant of good faith and fair dealing. * • Termination in breach of some other implied contract term, such as those that might be created by employee handbook provisions (in certain jurisdictions). * • Termination in violation of the doctrine of promissory estoppel (where the employee reasonably relied on an employer's promise, to the employee's detriment). * • Other exceptions…...

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