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 Re: Consequences for Your Actions
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Joined: Jul 2010
Posts: 348
Adjunct
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OP
Adjunct
Joined: Jul 2010
Posts: 348 |
Quote:
Novosel v. Nationwide Insurance Co. The U.S. Court of Appeals found that Novosel had stated a valid claim for wrongful discharge and remanded the case for trial. In passing, the Court of Appeals said: Although Novosel is not a government employee, the public employee cases do not confine themselves to the narrow question of state action. Rather, these cases suggest that an important public policy is in fact implicated wherever the power to hire and fire is utilized to dictate the terms of employee political activities. In dealing with public employees, the cause of action arises directly from the Constitution rather than from common law developments. The protection of important political freedoms, however, goes well beyond the question whether the threat comes from state or private bodies.
This example is a stretch at best in this situation:
"The allegations of the complaint charge that the sole reason for Novosel's discharge was his refusal to participate in the lobbying effort and his privately stated opposition to the company's political stand. Novosel contends that the discharge for refusing to lobby the state legislature on the employer's behalf constituted the tort of wrongful discharge on the grounds it was willful, arbitrary, malicious and in bad faith, and that it was contrary to public policy. Alternatively, the complaint avers a breach of an implied contract promising continued long-term employment so long as Novosel's job performance remained satisfactory. Novosel sought damages, reinstatement and declaratory relief. Nationwide did not file an answer to the complaint; instead it presented a motion to dismiss. Following the submission of briefs on the motion to dismiss, and without benefit of either affidavits or oral argument, the district court granted the motion on January 14, 1983"
In other words, Nationwide fired on the grounds that Novosel did not perform a certain action set forth by the company. This isn't even the same ballpark as an employee doing something on her own free time that could bring embarrassment to her employer because of her actions. This is a far reach.
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