Chapter 39 Questions
Vanessa Barroso-TavaraChapter 39 Questions and Case problems
BBG 232
2.)
Michael Smyth was an at will employee therefore his termination could have been with or without reason. Also, although Electronic Communication Privacy Act protects employee privacy, and employers are not allowed to intercept emails; employers still have the right to monitor emails in certain circumstances. Thus, in the case of Michael Smyth, he himself was emailing his supervisor; it wasn’t personal, it was for the ordinary-course-of-business. Therefore, the employer did not violate and privacy and Smyth is not entitled to reinstatement. However, he is entitled, whether discharged for cause or not, his wages to the “expiration of the last pay period.” Also, some payment for vacation and certain bonuses, any which are considered wages under state statues.
3.)
This case involves itself within the employment-at-will doctrine. The employment-at-will doctrine states that at will employees may be discharged at any time with or without cause. However, there is a public policy exception. If the termination was due to an illegal cause such as, whistle blowing or an employee refusing to comply with an illegal act, it would be considered a violation of public policy. Thus, in Michael Hauck’s case, his termination was due to him refusing to pump the bilges of his employer’s vessel in the waterways, which is actually considered illegal. Sabine Pilot Service discharging Hauck was truly for his incompliance with an illegal act; therefore, a violation of public policy. Michael Hauck was just trying to obey the law, which makes him in the right.
5.)
This case involves itself within The National Labor Relations Act (NLRA). The NLRA allows employees the right to form a union, to bargain collectively through a representative chosen on their own, and etc. Hence, employers have their rights but also obligations under the NLRA. The NLRA does not allow employers to discriminate or take part in any unfair
BBG 232
2.)
Michael Smyth was an at will employee therefore his termination could have been with or without reason. Also, although Electronic Communication Privacy Act protects employee privacy, and employers are not allowed to intercept emails; employers still have the right to monitor emails in certain circumstances. Thus, in the case of Michael Smyth, he himself was emailing his supervisor; it wasn’t personal, it was for the ordinary-course-of-business. Therefore, the employer did not violate and privacy and Smyth is not entitled to reinstatement. However, he is entitled, whether discharged for cause or not, his wages to the “expiration of the last pay period.” Also, some payment for vacation and certain bonuses, any which are considered wages under state statues.
3.)
This case involves itself within the employment-at-will doctrine. The employment-at-will doctrine states that at will employees may be discharged at any time with or without cause. However, there is a public policy exception. If the termination was due to an illegal cause such as, whistle blowing or an employee refusing to comply with an illegal act, it would be considered a violation of public policy. Thus, in Michael Hauck’s case, his termination was due to him refusing to pump the bilges of his employer’s vessel in the waterways, which is actually considered illegal. Sabine Pilot Service discharging Hauck was truly for his incompliance with an illegal act; therefore, a violation of public policy. Michael Hauck was just trying to obey the law, which makes him in the right.
5.)
This case involves itself within The National Labor Relations Act (NLRA). The NLRA allows employees the right to form a union, to bargain collectively through a representative chosen on their own, and etc. Hence, employers have their rights but also obligations under the NLRA. The NLRA does not allow employers to discriminate or take part in any unfair