Please help me answer this case study. What law apply to it and and why --- this

Question

Please help me answer this case study. What law apply to it and and why --- this is from the book business law with UCC APP 14th ed (I cannot find the right subject under business and this is the best option I could find)

Facts:

Henderson worked as a chemical engineer for the Wannisky Chemical Corporation. McGuire, Henderson from serval hundred steel drums that had once contained a severely corrosive acid. McGuire told Henderson that they intended to reuse the drums to ship a new chemical fertilizer. Henderson refused to remove the labels because reusing the old drums would violate both state and federal laws. When McGuire told another employee to remove the label and reuse the drums, Henderson reported the company’s activities to the state and federal authorities. Henderson was fired for his refusal to follow orders and for notifying the legal authorities.

Issues:

In a lawsuit against Wannisky, which legal exception to the employment-at-will doctrine did Henderson use? Explain

Laws:

Conclusions:

Explanation / Answer

Laws: Under the employment at-will doctrine, an employer may hire or fire the employees without regard to employee’s performance without liability, unless the decision violates the terms of an employment contract or statutory law. The exception to employment at-will can be based on public policy where the employer terminates the employee for the reasons that violate any of the fundamental public policies. The employee cannot be terminated based on discrimination as the public policy is strictly against the same. When the employer fires the employee who informs the government official, upper management authorities or press regarding the illegal activity of the employer it is known as whistle blowing. Whistle blowers are protected from wrongful discharge based on the exception of public policy under the statutory law.

Conclusion: In this case, Henderson is fired for refusing to perform a task that would violate both federal and state laws and hence it would come under the exception based on public policy and Henderson has undergone discrimination as he refused to perform the illegal act. Henderson has taken the role of whistle blower by reporting the company’s illegal activities to the state and federal authorities and hence he is entitled for protection given to the whistle blowers under state and federal laws. Hence though Henderson is an at-will employee, Wannisky cannot fire him due to the exception based on public policy.

Related Questions

Navigate

• Browse (All)
• Browse P
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.