BLAW 2301 Lecture Notes - Lecture 25: Whistleblower, Electronic Communications Privacy Act
Document Summary
Performing a legal duty: courts have consistently held that an employee may not be fired for serving on a jury. Exercising a legal right: as a general rule, an employer may not discharge a worker for exercising a legal right if that right supports public policy. Exm. employee fired for filing worker"s compensation claim. Supporting societal values: employees are protected if it is ethically correct. Employee handbooks: some courts hold that employee handbooks create contracts, exm. Polze"s friend had an employee handbook that is basically a contract. She was entitled to a witness, court and reason. Covenant of good faith and fair dealing: treat people in a fair manner, in all contracts there should be good faith, even if there isn"t a contract, they have to be fair. Tort law: workers have successfully sued their employers under the following tort theories. Former employers are scared of references because they are scared of being sued from defamation.
