Constitutionsays that "Congress shall make no law It is closely linked to freedom of the press because this freedom includes both the right to speak and the right to be heard. In the United States, both the freedom of speech and freedom of press are commonly called freedom of expression.
Constitution, then examined how lower courts have applied the holdings of these Supreme Court cases to situations involving university professors at state colleges. This essay reviews cases under state law involving wrongful termination of employment in the USA, because an employee chose to follow ethical principles of the employee's profession.
Unlike employment law based on the Bill of Rights in the U. Constitution, which only applies to government employees, the principles in this essay are applicable to all employees, even employees of for-profit and non-profit organizations.
This essay is intended only to present general information about an interesting topic in law and is not legal advice for your specific problem. There is no need to cite those cases, because: Because of my intentional lack of citations in this essay to the mainstream law of at-will employment, a reader might obtain the mistaken impression that the law in this essay is mainstream law.
So, I explicitly caution employees that: Protection against wrongful termination of employment is a developing area of law in the USA, which only rarely protects an employee.
I list the cases in chronological order in the citations in this essay, so the reader can easily follow the historical development of a national phenomenon. If I were writing a legal brief, I would use the conventional citation order given in the Bluebook.
At the end of this essay, I urge readers to contact their state legislators and push for stronger state statutes in American express hr policies area.
Recognizing that this rule of law is too harsh, courts in the s began to develop an exception to the absolute right of an employer to terminate an at-will employee, in cases where the employer violated a clearly expressed public policy.
The process of developing the public-policy exception to at-will employment accelerated during the s and s, not only with judicial recognition of public policy, but also legislatures passing statutes providing whistleblowers with protection from retaliatory discharge.
Such a violation could be either: I emphasize that the above public-policy exceptions are not the law in every state of the USA, but do describe the law in many states of the USA.
The law varies from state to state, so no terse, general description of employment law can be absolutely correct for every state in the USA. These limited public-policy exceptions in the majority of states do not create rights of freedom of speech for learned professionals, nor do they create rights of learned professionals to uphold high ethical standards.
The above public-policy exceptions are mentioned only as a foundation of the law that is discussed in the remainder of this essay. In some states this cause of action is a tort, in other states it is a breach of contract action.
Citations to cases are found in my companion essay on the history of at-will employment in the USA. In many states, the public-policy exceptions have been created by the legislature in statute s that specifically gives the ex-employee the right to sue for wrongful discharge.
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In order to shorten this long essay, I have moved this detailed discussion to my companion essay on the history of at-will employment in the USA. Just as bad, unjust or unethical decisions by management are legally protected. As a result of judicial reluctance in this area, even in states which do permit the tort of wrongful discharge of at-will employees for public policy reasons, the tort offers little or no protection to most employees.
Sometimes these personal ethical obligations collide with the desires of the employee's manager or employer. In the case of Connick v.
In the case of Waters v. In both of these cases, the discharged employee was not insubordinate, but only discussing matters of professional ethics with another professional.
These obligations require independent and individual professional judgments from the attorneys. In my view, this makes attorneys exempt from blindly following orders of superiors in every instance. By presenting to the court whether by signing, filing, submitting, or later advocating a pleading, written motion, or other paper, an attorney In plain English, this Federal Rule requires that the attorney must first make "an inquiry reasonable under the circumstances" and then not mislead the court about either fact s or law.
This personal obligation to be honest applies to the submission of any paper to the Court. The attorney can be fined by the court for violations of this Rule, as well as to pay the "reasonable expenses and attorney's fees" of the opposing party for responding to the violation of this Rule.
The primary duty of attorneys is to serve and benefit their clients, not to please the attorneys' managers. The American Medical Association's Code of Medical Ethics is used as the basis for licensure of physicians by the states. The primary duty of physicians is to serve and benefit their patients, not to please the physicians' managers.
As stated later in this essay, there is case law in the USA for recognizing ethical codes of professional societies. It would strengthen the analogy if professors took an oath that their fundamental duty was to teach their students in a rigorous way and to do scholarly research without regard to who might be offended.
As I said in my essay on academic freedomtenure protects senior professors from quick termination of their employment. However, untenured professors, post-doctoral research associates, instructors, and other professional personnel on the staff are all typically on an annual contract, which the college can simply refuse to renew.
One can easily imagine librarians getting in trouble because some people want to ban a book or magazine from the library, or impose some other kind of censorship. Anything else creates a conflict in which a professional has a choice between pleasing their manager and doing the right thing, a conflict that is too easy to resolve by pleasing their manager.
It is generally accepted that professions possess a number of defining characteristics in common, the first and foremost of which is individual autonomy and responsibility.Internal Marketing. Explore the Strategy of Internal Marketing. Providing exceptional customer service is just as important as providing exceptional products.
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