Termination of Employment

Question 1

Common Law Presumption of Contractual Interpretation

Answer 1

1. Emp contracts presumed at will unless stated otherwise. Ee can leave/be discharged at any time for any legal reason.
2. Definite term contract is presumed for cause. Ee can only be discharged for good cause that constitutes a material breach of the contract.

Question 2

Exceptions to the At Will Doctrine

Answer 2

1. Statutory
2. In Violation of PP
3. In violation of CGFFD

Question 3

Termination in Violation of PP Typical Cases

Answer 3

1. Ee fired for refusing to commit illegal act
2. Ee fired for performing a public duty or obligation
3. Ee fired for exercising a legal right or privilege
4. Ee fired in retaliation (for whistleblowing)

Question 4

Test for Determining Whether P was Fired in Violation of PP

Answer 4

Perritt Test

1. P proves existence of clear PP
2. P proves that discouraging their conduct would jeopardize the PP
3. The Ps must prove that the PP-linked conduct caused the dismissal
4. The D must be able to offer an overriding justification for the dismissal

Question 5

Summary of CGFFD

Answer 5

treat like employees alike in a manner a reasonable person would regard as fair

Question 6

Special Relationship Doctrine

Answer 6

fill in after the review session