Law

Directions: You must first fully answer the question by creating a new thread, then respond to at least two postings of others. Initial discussion posts are due on Thursday of each week and you must reply to two classmates by Sunday evening for full credit. Remember to support all legal assertions with appropriate citations to source materials.

On Monday, you show up at your job as an HR manager, a job in for which you do not have an employment contract. Your employer asks that you falsify some records relating to a co-worker’s claim for workers compensation. You refuse your employer’s request and you are terminated on the spot. Do you have any recourse, and, if so, what would that recourse be?

The answer should be something like this: “I do believe in this case that I would have recourse. At common law, an employee without a contract guaranteeing a job for a specific period was an employee at will and could be fired at any time and for any reason, or even for no reason at all. (Government Regulation Section 18.3) Although in cases like this, courts have created a major exception to the employment-at-will by allowing the tort of wrongful discharge. A bad reason can be discharging an employee for refusing to violate the law, which applies in this case. (Government Regulation Section 18.2) Employers can be liable for the tort of wrongful discharge if they discharge an employee for this reason. As a general rule, you should not fire an employee for refusing to break the law. (Government Regulation Section 18.2)”

Or like this:
“Yes I would have recourse in this situation. Most employment relationships in the United States are governed by the common law doctrine “employment at will”. Week 10 Power-Point Slide 1 Under this common law doctrine an employee without a contract is an employee at will that can be fired at any time for any reason. Government Regulation P. 786 However, courts have created a major exception to this rule by creating the tort – wrongful discharge. “Wrongful discharge means firing a worker for a bad reason.” Government Regulation P. 786 The 4 bad reasons for firing a worker are: discharging an employee for refusing to violate a law, discharging an employee for exercising a legal right, discharging an employee for performing a legal duty, and discharging an employee in a way that violates public policy. Government Regulation P. 286 My employer has fired me for the first “bad reason” which is discharging an employee for refusing to violate a law. I refused to commit forgery, which is a white collar crime. The employer should not fire me for refusing to break the law, therefor I would likely win in court against them. “