Question

Are there any other claims that Archie could successfully file against RFBW?

Part 1 "The Button Blues 40 Points Archie was hired on April 1, 2011 at anon-unionized, privately owned, Michigan company called the Rosemary and Family Button Works (hereinafter referred to as RFBW) as a "Mixer It was his job to follow a recipe to mix the plastieroon" which was extruded, formed, pierced, and heat-fused into buttons. Archie, who was employed as a computer technician at a unionized, "Just cause company at the time of his hire by RFBW, had learned of the job opening from his girlfriend of two years, Delilah, who is the president/owner's (Rosemary's) "baby" daughter. Delilah told Archie that if he was hired, he could make a career of button making as the company would employ him permanently, unless he was fired for just cause. The 18 year old company had grown from one of just family members to one with an annual gross income of $17,000,000.00 and 80 employees It specialized in single-run, custom made buttons made in the USA Archie wanted to work both at his computer job and the RFBW job. He would be able to cut the computer job back to 24 hours per week at work it in the evenings after he was done at RFBW. Archie applied for the Button Works job, and indicated his plans to keep the computer job as part time to Delilah's mother, Rosemary. She said that she wouldn't hire Archie if he moonlighted on another job. Archie quit his computing job so that he would be hired at the Button Works, as it would hinder his ability to direct his full attention to a career at RFBW. Archie appeared for work on the appointed day and began his employment at RFBW by processing in at the HR office. He received and signed for an Employee Manual describing a number of benefits, responsibilities, and rules. Among them were as follows: Section 7. Section 11. We pride ourselves on our relationship with our employees and we value each and every one of them. We will work with you to insure that you are treated fairly in all matters concerning your employment. We here at RFBW appreciate your hard work and dedication to your duties. Accordingly, we have an open door policy. Please feel free to address any grievances that you have regarding your employment directly with the RFBW president by making an appointment to meet with her in her office. Section 19. Nothing in this manual is to be construed to create a contract of employment. Any of its provisions may be changed by the employer at any time without consultation with the employees. All employees of this company are "At Will." This At Will policy applies to all employees and can be changed only by the President of the company in writing. Either the employer or employee may terminate the employment relationship orally or in writing at any time for any reason or no reason, with or without advance notice Page 2 of 8

Answer 1

Though Archie was an at-will employee and cannot question his termination by the company, there are certain instances where the at-will termination cannot be considered valid. An exception to the at-will employment is the implied covenant of good faith and fair dealing. This exception states that the termination under at-will contract must be fair and must not have any kind of malice or discrimination associated with it. If the termination has been done, based on certain discrimination, the termination will be considered to be in bad faith and hence will not be considered valid, even under at-will.

Archie can claim the same that he had been terminated under discrimination. Rosemary did not like Archie as Delilah’s boy friend and hence she fired him without stating any valid cause. This is clearly an act of discrimination and can be considered as a violation of implied covenant of good faith and fair dealing.