[Wrongful Discharge] Monique worked as an administrative assistant for B&B Corporation. According to paragraph 16 of B&B's employee handbook's progressive discipline policy, an employee whose performance is unsatisfactory may be discharged if no improvement is shown within thirty days after receiving a written warning. Monique was having difficulty learning the software program required for her job. On July 1, she met with her supervisor, who told her that her performance needed improvement and gave her a written warning which referenced paragraph 16 of the employee handbook. Monique stayed up late each night trying to learn the new program. She was away from her job for one week for jury duty. On her return to work from jury duty on July 20, Monique was terminated for poor performance. Monique called B&B's Human Resources Department, but was told she has no case for wrongful discharge because she was an employee-at-will and can be terminated at any time for any reason.
-Are there any exceptions that allow an employee-at-will to sue for wrongful discharge?

Question

Quizplus · Accepted Answer

The implied-contract exception applies because the employee handbook's progressive discipline policy could be seen as creating an implied contract that the employer would follow its own rules before terminating an employee. The public policy exception could apply if the termination was related to the employee's jury duty, which is protected by public policy. The implied covenant of good faith and fair dealing exception might apply if the termination was seen as unfairly preventing the employee from receiving the benefits of the employment relationship, such as the opportunity to improve performance as outlined in the warning.

[Wrongful Discharge] Monique Worked as an Administrative Assistant for B&B