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Unformatted text preview: .2d 115 (1990) ("Unless an employee identifies a
'specific' expression of public policy violated by his discharge, it will not be labelled as
wrongful and within the sphere of public policy"). The sources of public policy can be
found in "legislation, administrative rules, regulation, or decision; and judicial
decisions ... Absent legislation, the judiciary must define the cause of action in case by
case determinations." Borse, 963 F.2d at 619, n. 6 (3d Cir.1992) quoting Cisco v. United
Parcel Services, Inc., 328 Pa.Super. 300, 306, 476 A.2d 1340, 1343 (1984); Krajsa v.
Keypunch, Inc., 424 Pa.Super. 230, 622 A.2d 355, 358 (1993); see also, Smith v. Calgon
Carbon Corp., 917 F.2d 1338, 1344 (3d Cir.1990), cert. denied, 499 U.S. 966, 111 S.Ct.
1597, 113 L.Ed.2d 660 (1991) ("[A] 'clear mandate of public policy' *100 [is] embodied
in a constitutionally or legislatively established prohibition, requirement, or privilege.").
Whitney v. Xerox, C.A.No. 94-3852, 1994 WL 412429 (E.D.Pa. August 2, 1994) slip op.
 Plaintiff claims that his termination was in violation of "public policy which
precludes an employer from terminating an employee in violation of the employee's right
to privacy as embodied in Pennsylvania common law." Complaint at ¶ 15. [FN2] In
support for this proposition, plaintiff directs our attention to a decision by our Court of
Appeals in Borse v. Piece Goods Shop, Inc., 963 F.2d 611 (3d Cir.1992). In Borse, the
plaintiff sued her employer alleging wrongful discharge as a result of her refusal to
submit to urinalysis screening and personal property searches at her work place pursuant
to the employer's drug and alcohol policy. After rejecting plaintiff's argument that the
employer's drug and alcohol program violated public policy encompassed in the United
States and Pennsylvania Constitutions, our Court of Appeals stated "our review of
Pennsylvania law reveals other evidence of a public policy that may, under certain
circumstances, give rise to a wrongful discharge action related to urinalysis or to personal
property searches. Specifically, we refer to the Pennsylvania common law regarding
tortious invasion of privacy." Id. at 620. 75 FN2. Although plaintiff does not affirmatively allege so in his Complaint...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08