Question

1. How to read and digest legal cases and citations.
2. Explain and distinguish the concepts of stare decisis and precedent.
3. Evaluate whether an employee is an at-will employee.
4. Determine if an at-will employee has sufficient basis for wrongful discharge.
5. Recite and explain at least three exceptions to employment-at-will.
6. Distinguish between disparate impact and disparate treatment discrimination claims.
7. Provide several bases for employer defenses to employment discrimination claims
8. Determine if there is sufficient basis for a retaliation claim by an employee.
9. Identify sources for further legal information and resources.

Answer 1

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Answer-

Stare Decisis is a legal doctrine where the court looks as previous cases on similar matters and compares them in order to maintain a systematic ruling. It means if we have case of theft then the court may look at the past records for similar case and try to rule in the same manner as before. This system of thought process is called Stare Decisis and they are usually practiced in common law. The past decision or the ruling is called precedent.

Every employee of an organization is an at-will employee unless they have the following

Written employment contract

Union member who is part of a collective bargaining agreement

So unless an employee have the above two documents they are an at-will employee.

An at-will employee can be terminated by the employer without a just cause unless it is an illegal cause. For example, the employer cannot terminate an employee because of his/her religion or race. However, if the employer is not happy with the performance they can terminate the employment without prior warning.

Three exceptions to employment at-will are

Public policy: In case an employee works for an organization and denies performing a task that is against public interest. The employer cannot terminate his/her based on the principles of employment at-will.

Promissory estoppel: Even though there is no contract in writing, if the employer has made clear and ambiguous offer of employment, then the employment cannot be terminated on the basis of at-will employment.

Implied contract: Implied contract between employers and employee is recognized in over 41 states in the USA and can be an exception to at-will employment system. However they are difficult to establish and prove in case of a unjust termination.