Price Theory and Applications 9th Edition Steven Landsburg Solutions Manual

Cihon/Castagnera, Employment & Labor Law, 7e Ch 2 Instructor’s Manual 1

Price Theory and Applications 9th Edition Steven

Landsburg Solutions Manual
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Chapter 2: EMPLOYMENT CONTRACTS AND WRONGFUL DISCHARGE

INTRODUCTION

The second chapter focuses on employment contracts, employment at will, and wrongful discharge. The
chapter begins with a discussion of employment at will; a term first introduced in chapter one. The student
should have an understanding of employment at will, and the chapter proceeds to identify all of the many
exceptions to this legal theory and when they apply. Generally, the exceptions to employment at will are when
the termination violates a public policy, an implied employment contract, a covenant of good faith and fair
dealing, or one of the many federal, state, or municipal statutes that protect employees from termination based
on basis of some protected characteristic. Termination under any of these situations is called a “wrongful
discharge.” An employee who has been wrongfully discharged may be entitled to redress.

OUTLINE
Employment - At - Will

Historical Roots

The doctrine of employment-at-will in its purest (and harshest) form held that an employee
without a contract could be fired at any time, for any, or no, reason.

While legislation has limited the employment-at-will doctrine in some areas⎯such as the
NLRA’s prohibition on terminating an employee for engaging in concerted activities and Title VII’s
prohibition of any discharge for racially discriminatory reasons—these laws still leave a zone of
discretion to private sector employers.

Advocates of employment-at-will point out that the employee is free to sever employment at
any time, and that employees can use bargaining power to attempt to demand an employment contract
covering a specific term.

However, individuals often lack the bargaining power to demand such a set contract⎯that's
one reason why they join unions.

But the freedom of employees to quit the employment relationship is an important issue
underlying the employment-at-will doctrine.

Wrongful Discharge Based on Public Policy

The most common limitation on employment-at-will is the public policy exception⎯the

employer cannot fire an employee for a reason that undermines or violates a "clear mandate of public
policy."

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publicly accessible website, in whole or in part.

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Cihon/Castagnera, Employment & Labor Law, 7e Ch 2 Instructor’s Manual 2
Most state courts have adopted this exception, although some state courts restrict the "public
policy" to some right or duty clearly spelled out in a statute.

Geary v. U.S. Steel (PA Supreme, 1978) is an example from Pennsylvania.

Also, if the statute provides for a remedy or cause of action, the courts are reluctant to allow
the employee another remedy in the form of a suit alleging wrongful discharge.

© 2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Cihon/Castagnera, Employment & Labor Law, 7e Ch 2 Instructor’s Manual 3

CASE 2.1 Rodgers v. Lorenz

25 A.3d 1229 Pa. Super (2011)
SUMMARY:

Background: An employee filed a complaint, alleging that his employer wrongfully terminated
him for planning to attend criminal proceedings against a co-worker and alleging breach of contract,
negligent supervision and a violation of the Pennsylvania Whistleblower Law. The Court of
Common Pleas sustained the employer's preliminary objections and dismissed the employee's
claims, and the employee appealed.

Issue: When the Crime Victims' Employment Protection Act was written, did the Legislature intend
to protect crime victims, who have not yet attended their hearing, from threats, coercion, and loss
of employment? Is the Crime Victims' Employment Protection Act preempted by the Workers’
Compensation Act?

Decision: In its opinion, the trial court stated: “After argument on [Appellee's] preliminary
objections to [Appellant's] complaint, [the trial court] decided that the facts alleged were not
sufficient to state a cause of action under § 4957. [The trial court] also ruled that the other
avenues for relief of [Appellant] against [Appellee] were barred by the Workers' Compensation
Act.” This statement by the trial court clarifies that it did not hold that the Workers'
Compensation Act preempts the Crime Victims' Employment Protection Act. Rather, the trial
court distinguished the employment protection claim from the breach of contract and negligent
supervision claims brought by Appellant and found only the latter preempted by the Workers'
Compensation Act.
Order reversed in part. Case remanded for further proceedings.

ANSWERS TO CASE QUESTIONS

Rodgers v. Lorenz
25 A.3d 1229 Pa. Super (2011)

1. The Superior Court held that the state legislature intended that the Crime Victims’ Employment
Protection Act provide employees with a cause of action for wrongful termination. The court did
not, and would not, hold that the employee-plaintiff here was entitled to reinstatement. That is
for the trial court to determine on remand, possibly after a trial on the merits of the plaintiff’s claim.
2. The plaintiff will have to prove that the employer in fact fired him for exercising his rights under
the Crime Victims’ Employment Protection Act.
3. Neither act preempted the other. The Workers’ Compensation Act’s “exclusivity” provision
prevented the plaintiff from pursuing his negligent-supervision claim; the essence of that claim
was that he got hurt on the job because of the employer’s failure to exercise due care in the
hiring and supervision of the plaintiff’s co-worker, who assaulted and injured him. On the other
hand, the Workers’ Comp Act did not shield the defendant-employer from all of the plaintiff’s
claims. Although the job termination grew out of the assault and related to the injury in that regard,
plaintiff’s firing was not the sort of consequential injury that falls under the comp act’s exclusivity
shield.
4. The Superior Court took a broad view of the legislature’s intent, holding that the facts of this case
were precisely what the lawmakers had in mind when they enacted the statute.

© 2011 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
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