Exam 18: Terminating Individual Employees

1.Why is each of the following good legal advice -Unionized employers must communicate any significant changes in rules to employees and their union before enforcing those new rules.

Which of the following is a circumstance under which the public policy exception to employment at will is recognized?

This occurs when a party takes action in reliance on the promise of another,who then breaks that promise.

You are the Director of Human Resources for a medium sized company private company and have discharged Aimee,a 25 year old black at-will employee for poor work,constant tardiness,and taking longer breaks than authorized by company policy.She is not well liked by her fellow workers and her work is indeed slightly below satisfactory levels.Company files evidence numerous sub-standard reviews and that her conduct persisted despite numerous written warnings.You are confident that the company has proper cause to terminate Aimee whether she was at-will or not.When you call her into your office to notify her of her termination,she gets very indignant saying that her work is fine and that she's not the only one late or abusive of break periods.She then asserts that she's being singled out because of her sex and her race.She asks about severance pay and you notify her that there will not be any.Aimee then informs you that she is going to sue the company for wrongful termination based on discrimination and for severance pay.The company does not want Aimee to work there any more under any circumstances but does not want the cost or publicity that a law suit would bring.What would you suggest to possibly abate the law suit?

The Montana Wrongful Discharge from Employment Act (WDEA):

Which of the following is required for a successful implied contract wrongful discharge claim?

After a troublesome time with a new manager,an employee who had always had highly positive reviews returned from vacation to find that her desk had been cleared out,all of her belongings were in boxes,and her office was being used for storage.While she was on vacation,her new supervisor had called,asking where certain documents were located.When he found the employee's answer unsatisfactory,the supervisor said,"Well,this is the last straw." What is the best assessment of this situation?