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Review the 10 scenarios presented for consideration in Question 2 of the Chapter-End Questions in Chapter 2.

Review the 10 scenarios presented for consideration in Question 2 of the Chapter-End Questions in Chapter 2. Prepare a detailed response for
each of the nine scenarios, explaining your conclusion regarding whether the scenario constitutes a violation of public policy or a breach of a
covenant of good faith and fair dealing. Support your conclusion with legal analysis and reasoning. Explain whether any of the scenarios give
rise to potential employer liability and what steps should have been taken to avoid the exposure. Comment and expand on the posts of the other class members.


Here are the scenarios;

a. A female child care worker alleges that she was unlawfully terminated from her position as the director of a child care facility after continually refusing to make staff cuts. The staff cuts she was asked to make resulted in violation of state regulations governing the minimum ratios betweens staff and child. After the employee was terminated, the employer’s child care center was in violation of the staff-to-child ratio. [Jasper v. H. Nizam, Inc., 764 N.W.2d 751, 2009 Iowa Sup.]

b. A machine operator employee with a major depressive disorder intermittently takes leaves under the Family and Medical Leave Act, resulting in alleged harassment by her employer surrounding her FMLA usage as well as a transfer to various difficult machines after her return from leave. Two months after her last FMLA leave, she is terminated for “improper phone usage.” [Hite v. Vermeer Mfg. Co., 361 F. Supp. 2d 935 (S.D. Iowa, 2005).]

c. A nurse is asked by her employer to sign a backdated Medicare form. She refuses and is terminated that day. As a health care provider, she is required to complete that particular form. [Callantine v. Staff Builders, Inc., 271 F.3d 1124 (8th Cir. 2001).]

d. A legal secretary to a county commissioner is terminated because of her political beliefs. [Armour v. County of Beaver, 271 F3d 417 (3d Cir. 2001).]

e. A teacher under contract is terminated after insisting that his superiors report a situation where a student was being physically abused. The teacher refused to commit an illegal act of not reporting the suspected abuse to family services. [Keveney v. Missouri Military Academy, 304 S.W.3d 98 (MO 2010).]

f. A recent college graduate found a job with an office supply company as a reverse logistics analyst. Soon after being hired, he found that some practices within the department could be deemed unlawful and unethical. Three specific types of practices were written up in a formal complaint to his supervisor: (1) the issuing of monetary credits to customers without proper documentation, thus overpaying customers without returned goods; (2) the department’s knowingly withholding from contract customers by underissuing credits over $25; and (3) the canceling and reissuing of pickup orders that could allow couriers to overbill the company. After his formal complaint and multiple meetings on the procedures of the department, the employee was terminated based on his insubordination and inflexibility. [Day v. Staples Inc., 28 IER Cases 1121 (1st Cir. 2009).]
g. An employee engaged in protected whistle-blowing activity after filing a complaint against his employer for his termination. The employee, a licensed optician, claimed his employer was violating state statute by allowing unlicensed employees to sell optical products without a licensed optician present. There was also a complaint filed to his supervisor about the promoting and hiring of unlicensed employees. [Dishmon v. Wal-Mart Stores Inc., 28 IER Cases 1393 (M.D. Tenn. 2009).]
h. A legal secretary was hired by a law firm. The Letter of Employment stated, “In the event of any dispute or claim between you and the firm … including, but not limited to claims arising from or related to your employment or the termination of your employment, we jointly agree to submit all such disputes or claims to confidential binding arbitration, under the Federal Arbitration Act.” On his third day of work, the employee informed his superiors that he would not agree to arbitrate disputes. He was told that the arbitration provision was “not negotiable” and that his continued employment was contingent upon signing the agreement. The employee declined to sign the agreement and was discharged [Lagatree v. Luce, Forward, Hamilton & Scripps, 74 Cal. App. 4th 1005 (Cal. App. 2d Div. 1 1999).]
i. An employee is licensed to perform certain medical procedures, but he is terminated for refusing to perform a procedure he is not licensed to perform. [O ’Sullivan v. Mallon, 390 A.2d 149 (N.J. Super. Ct. Law Div. 1978).]
j. An employee was fired from his job as security manager for a medical center because he was suspected of making an obscene phone call to another employee and refused to submit to voice print analysis to confirm or refute the accusation. He sued the employer for wrongful discharge, claiming that the employer’s request violated public policy. A state statute prohibits an employer from requiring an employee to submit to a polygraph examination as a condition or precondition of employment. [Theisen v. Covenant Medical Center, 636 N.W.2d 74 (Iowa 2001).]

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Scenario 1
This is a violation of public policy and Government regulation. There is a need to maintain
the required staff to child ratio in any child care facility. The employee was sacked which...

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