1 a:
According to the principles of common law, wrongful discharge is regarded as a common-law claim which is supported by three theories. These can be categorized as-
- Public policy.
- Implied contract.
- Implied covenant of good faith and fair dealing.
In this regard, the theory of implied contract could be applied.
Applying the theory of implied contract, there is a possibility on the part of Chris to win the case. This is due to the reason that, the theory of implied contract emphasizes that certain factors can actually amount to implied obligation for discharging the employee based on good clause that would comprise of-
- A long-term employer.
- Has never been warned about his or her behavior in a formal way.
- Received numerous bonuses and promotions all round his career.
- Has been assured that the tenure of the employment shall continue if the overall performance was good because a company cannot terminate employees except for good cause.
- The management id being assured that the employee is doing a good job.
Yes.
2a:
Yes, Shana can file a defamation case for considering her as rude and ugly.
The elements of defamation can be categorized as-
It is important on the part of the claimant to prove that the false and defamatory statement has made concerning him.
It is important to prove that an unprivileged publication was made to the third party by the defendant.
It is important to prove that the claimant has acted negligently in publishing the communication.
Special damages need to be proved on the part of the claimant in certain cases.
In this case, Shana has defamed by Indika stating that she was rude and ugly and did not serve as a good employee. These statements were defamatory and false which were stated concerning Shana.
Smellog unlawfully terminated Jamal, Jose, and Marianne.
The right to concerted activities provisions is important for improving the condition of the working communities. In this regard, mention can be made bout recent implementation of concerted activities that can improve the working conditions of the workers to certain extent by making it legally protected. It is worthwhile to refer here that, labor laws has been protecting employee posts on social media. It is noteworthy to mention here that, federal labor laws has been regulating the relationships between employees, unions and the management for the purpose of protecting the rights and interests of employees engaging in concerted activities. However, an activity is considered to be concerted, if there is an involvement of concern of more than one employee. For instance, if an employee complains in regard to his personal performance then it does not indicate concerted activity. However, if such employee complains after consulting with the co-workers or on behalf of them, then such activity is regarded as concerted activity.
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