Part 11- Regulation of Business, Chapter 51: Employment Law, Note 9

Employment Law Key Points from Page 1381–1384 1. Employment-at-Will Doctrine   Overview: o Employment-at-will allows either party to terminate an indefiniteterm employment relationship at any time, for any or no reason. o Discharged employees may only recover payment for work already completed. Erosion of Doctrine: o Federal laws such as Title VII, ADEA, and ADA restrict termination based on specific traits (e.g., race, age, disability). o Many states recognize exceptions that enable wrongful discharge claims. 2. Common Law Exceptions to At-Will Employment    Public Policy Exception: o Recognized by most states. o Protects employees terminated for: 1. Refusing to commit illegal acts. 2. Performing public obligations (e.g., jury duty, whistleblowing). 3. Exercising legal rights (e.g., filing workers’ compensation claims). o Requirements for Plaintiffs:  Show termination conflicts with a substantial public policy.  Prove termination discourages behavior aligned with public policy.  Link termination to the public policy-supported conduct. o Employers may avoid liability by demonstrating valid business reasons for termination. Implied Covenant of Good Faith and Fair Dealing: o Some states recognize this in limited contexts. o Focuses on terminations that deny an employee benefits or compensation due. o Examples: Firing an employee to avoid paying a bonus or earned benefits. Promises by Employers: o Employers may be liable for violating explicit or implied promises in contracts, handbooks, or policies. o o Courts generally require “specific and definite” promises to modify an at-will agreement. Employers often include disclaimers to limit liability. 3. Privacy and Monitoring in Employment   Invasion of Privacy: o Employees must demonstrate: 1. A legally protected privacy interest. 2. A reasonable expectation of privacy. 3. Serious invasion of privacy by the employer. o Courts often find diminished privacy expectations in the workplace, especially with clear policies and notice. o Example: Sporer v. UAL Corp.: UAL’s explicit email and computer use policies negated Sporer’s expectation of privacy, allowing the company to monitor and act on inappropriate use. Employer Monitoring: o Employers frequently monitor emails, internet use, and work devices to enforce policies and protect business interests. o Policies must clearly communicate monitoring practices to employees to avoid legal disputes. 4. Sporer v. UAL Corp. Case   Background: o Kevin Sporer, a UAL supervisor, was terminated for sending inappropriate emails via his work account, despite prior counseling for a similar infraction. o He sued for wrongful termination and invasion of privacy. Key Rulings: 1. 2. 3. No Breach of Implied Contract:  Sporer’s at-will employment status was reaffirmed by UAL’s policies.  Long service or subjective beliefs about job security did not override explicit at-will terms. No Public Policy Violation:  Termination did not implicate fundamental public policy.  UAL provided clear evidence of Sporer’s violation of its email and conduct policies. No Privacy Violation:  Sporer had no reasonable expectation of privacy due to explicit policies and routine monitoring notifications. 5. Key Problem Scenarios 1. Workers’ Compensation and Preexisting Conditions: o Employer denies liability for weight-loss surgery as a precursor to treating a back injury. o Courts often determine liability based on whether the surgery is necessary for treating the work-related injury. 2. Oral Employment Contracts: o Mike Tyson’s trainer sues for breach of an oral agreement tying his employment to Tyson’s career. o Enforceability depends on whether the oral promise overrides the atwill presumption. 3. Disparate Impact and Promotion Exams: o Ricci v. DeStefano: A city invalidates promotion exam results to avoid racial disparities. o Key legal questions:  Whether the invalidation itself constitutes racial discrimination under Title VII.  The balance between avoiding disparate impact and ensuring equal opportunity.