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Public Policy Issues

Individuals faced with situations involving public policy law will have questions regarding public policy. Not knowing what public policy is or if termination of a job was against public policy often lead to questions like the ones answered below.

What is public policy regarding an At Will employment contract?

Public policy regarding an at will employment contract will be determined by the courts. The court will base that the termination was invalid if it violates public policy. As an example, if termination occurred because an employer asked an employee to do something that was illegal and you refused and subsequently were fired based on your refusal, then the court can deem that you were fired wrongfully. This would be based on the fact that it would be against your state’s public policy to engage in illegal acts.

Is it against public policy for a real estate contract to allow residential buyers to waive inspection rights?

It is not against public policy for a real estate contract to allow residential buyers to waive inspection rights. That right to waive inspection rights is held by the buyer. If that buyer chooses to give up that right then they are choosing to take on the property with or without defects.

Why are communities involved in making public policy?

Communities are involved in making/creating public policy because the circumstances directly affect and relate to that community. When the community is involved in making public policy it is called consensus decision-making. The community that helped make public policy will have to live with the decision, so creating public policy locally benefits the community more specifically.

I am a surgical nurse and I refused to bring a contaminated surgical tray from one operating room to another. I refused to sign off on the case for the good of the patient. I was fired with cause and not given vacation or sick pay accrued. Do I have a case based on public policy?

Based on the facts that you have given it is likely that you do have a case because it is against public policy for an employer to fire and employee for the fact that you refused to violate a health code regulation. An employee cannot be fired, treated differently or discriminated against in a way that would be prohibited by public policy or law. You would be entitled to lost wages, accrued benefits, reinstatement and attorney’s fees.

Based on falsified info from a federal supervisor, an employee was wrongly terminated. Before he could appeal he died prematurely at the hands of another. The termination was a contributing factor to his death. Can the Federal government be held liable based on public policy?

Wrongful termination is found for one of three reasons. An employer violated a statute, there was a breach of contract, or because of a tort action where the termination violates public policy. To fall under the public policy exception the employee would need to prove that their termination was based on their refusal to conduct themselves in a way that would violate public policy.

Understanding and being knowledgeable about public policy can help when faced with questions involving public policy. Experts can help answer questions on how public policy is regarded with at will employee contracts or why communities help make public policy. Get the answers fast and affordably by asking an Expert.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8063
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
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3 Employment Lawyers are Online Now

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Recent Public Policy Questions

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    I just mediated my ADEA, retaliation, gender and wage claim. I will be signing the severance agreement. Both parties have agreed to the mediators proposal. I have filed an EEOC charge, however, the employer has yet to receive a copy. I chose to mediate this early as I am on FMLA and neither myself, nor the company want me to return to the business because of the position I hold. My question is, in Texas, can I still proceed with a punitive EEOC charge? I am getting conflicting advice.
  • I work in a call center for an insurance claims dept. We've

    I work in a call center for an insurance claims dept. We've started using "Work force management" this year, which really just amounts to micro managing our time. The problem is that we are assigned specific times every day to take a break as well a lunch (which change daily) and because of the work force management software we have to clock in and out of customer initiated phone calls, breaks, lunch, etc...
    We are now finding out that our "adherence" to the exact schedule will factory into our yearly review of performance. The issue is, if we're on a call with a customer and are late going to a scheduled break we are flagged for being "out of adherence" and this is broken down to a daily percentage. Basically, we are now suffering repercussions for doing out jobs which is taking inbound calls from our customers. There is another issue with the review of the phone calls also. That is that the one person doing the review is not being consistent and if we dispute a score of a reviewed phone call the only one that reviews the dispute is the very same person that gave us that score in the first place. Some of my co-workers have already been told that due to being below a 95% average on their scores they will not be getting any raise this year. I'm currently in mu 14th year with the company, and most others I work with have been employed there for 10 or more years as well. We've already done well on our reviews in prior years, but this new work force management policy appears to clash with our goals of assisting our customers. We are wondering what options we as a department could possible have.
  • I'm wondering if I can change a non compete contract that I will be signing with a co

    I'm wondering if I can change a non compete contract that I will be signing with a contractor and just initial the changes for their review or does this have to be written up by a lawyer? All I am looking to change on the non compete is to put a 2 year restriction on it so I will be freed from contract after the 2 years. As of now there is no time restriction on the contract..
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