Hey Smart Legal People
Jun. 12th, 2007 05:37 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
geminigirlI'm working on a case study regarding termination of employment for off duty behavior, and I'm reading a little about Toussaint v Blue Cross/Blue Shield of Michigan as background (which has to do with at will employment, and implied covenants.)
What I'm not clear about at this point, is how binding codes of conduct are regarding off duty behavior.
Here's the basic information:
Guy works for a company that sells educational products to high school Company has a code of conduct that says that off duty behavior shouldn't reflect poorly on the company, employees or sales of materials. Guy is seen buying some stuff at a porn store during his off duty time. Guy gets fired.
The first question I need to answer is whether or not the guy should have been terminated at all. I'm unclear on this because I don't know how binding those codes of conduct are, and whether they act as covenants. My current feeling is, that based on Toussaint and the covenant that is the code of conduct, his firing is justifiable. Does this make sense to you smart legal people? And do you know off hand of other cases that I could find non-legalese summaries of that could help me write this case study? The book I'm supposed to use is seriously lacking in support material for the case I've been assigned.
What I'm not clear about at this point, is how binding codes of conduct are regarding off duty behavior.
Here's the basic information:
Guy works for a company that sells educational products to high school Company has a code of conduct that says that off duty behavior shouldn't reflect poorly on the company, employees or sales of materials. Guy is seen buying some stuff at a porn store during his off duty time. Guy gets fired.
The first question I need to answer is whether or not the guy should have been terminated at all. I'm unclear on this because I don't know how binding those codes of conduct are, and whether they act as covenants. My current feeling is, that based on Toussaint and the covenant that is the code of conduct, his firing is justifiable. Does this make sense to you smart legal people? And do you know off hand of other cases that I could find non-legalese summaries of that could help me write this case study? The book I'm supposed to use is seriously lacking in support material for the case I've been assigned.
no subject
Date: 2007-06-13 09:18 am (UTC)But... what are the local community standards on this? Is it somewhere that'd convict showing nipples for obscenity or 'if the dog consented, it's ok with us'?
Similarly, what was he buying?