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Unformatted text preview: article I, section 23. Moreover, I cannot help but note that any
such effort comes perilously close to the discredited practice of eugenics.
The use of tobacco products is more troubling, however. While legal, tobacco use
nevertheless is an activity increasingly regulated by the law. If the federal government,
for instance, chose to regulate tobacco as a controlled substance, I have no trouble saying
that this act alone does not undermine anyone's privacy right. However, regulation is not
the issue here because tobacco use today remains legal. The sole question is whether the
government may inquire into off-job-site behavior that is legal, however unhealthy it
might be. In light of the inherently poor fit between the [**14] governmental objective
and the ends actually achieved, I am more inclined to agree with the district court that the
right of privacy has been violated here. I might reach a different result if the objective
were better served by the means chosen.
SHAW, J., concurs. 69 70 71 Case # 10 SMYTHE vs. PILLSBURY
United States District Court,
Michael A. SMYTH
The PILLSBURY COMPANY.
Civil Action No. 95-5712.
Jan. 23, 1996.
At-will employee brought action against employer alleging wrongful discharge. Former
employer moved to dismiss for failure to state a claim. The District Court, Weiner, J.,
held that termination of at-will employee for transmitting inappropriate and
unprofessional comments over employer's e-mail system did not violate public policy
and, accordingly, employee could not maintain a wrongful discharge action under public
policy exception to general rule that at-will employee may be discharged at any time.
A claim may be dismissed for failure to state a claim only if plaintiff can prove no set of
facts in support of claim that would entitle him to relief. Fed.Rules Civ.Proc.Rule 12(b)
(6), 28 U.S.C.A.
On a motion to dismiss for failure to state a claim, reviewing court must consider only
those facts alleged in complaint and accept all allegations as true. Fed.Rules
Civ.Proc.Rule 12(b)(6), 28 U.S.C.A.
As a general rule, Pennsylvania law does not provide a common law cause of action for
wrongful discharge of at-will employee.
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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