211k views
5 votes
Using the employment at will doctrine, an employer can fire an employee because:

A. - The employee filed an EEOC complaint against the employer.
B - The employee works directly with patients and has been convicted of sexual assault.
C - The employee filed a workers' compensation claim for an injury that occurred on the job.
D - The employee filed a workers' compensation claim for an injury, and you believe the injury did not occur on the job.
E- The employee filed a complaint with the Department of Labor for failing to pay overtime properly.

User FrVaBe
by
8.4k points

1 Answer

3 votes

Final answer:

An employer generally cannot fire an employee for engaging in protected activities such as filing EEOC or Department of Labor complaints, or workers' compensation claims. However, termination may legally occur if the employee is no longer able to perform their job safely and effectively, such as in cases of certain criminal convictions related to job duties.

Step-by-step explanation:

Using the employment at will doctrine, an employer may typically fire an employee for any reason or for no reason at all, as long as it's not illegal. However, an employer cannot legally terminate an employee for certain protected actions. Regarding the options provided:

  • Option A is illegal because filing an EEOC complaint is protected activity and firing someone for this reason would be retaliation.
  • Option B could be a lawful termination since working with patients while having a conviction for sexual assault may be directly related to job performance and safety.
  • Option C is illegal because it is unlawful to terminate an employee for filing a workers' compensation claim.
  • Option D is illegal if the dismissal is solely based on disbelief regarding the injury, as it could be considered retaliation for filing a workers' compensation claim.
  • Option E is illegal as filing a complaint with the Department of Labor is a protected activity, and terminating someone for this would be discrimination.

Therefore, based on the information provided, option B would likely be the most legally justifiable reason for termination under the employment at will doctrine.

User TheMar
by
9.0k points