Question

In: Economics

Richard Mudd, an employee of Compuserve, is called for jury duty in Wayne County, Michigan. His...

Richard Mudd, an employee of Compuserve, is called for jury duty in Wayne County, Michigan. His immediate supervisor, Harvey Lorie, lets him know that he “must” avoid jury duty at all costs. Mudd tells the judge of his circumstances and his need to be at work, but the judge refuses to let Mudd avoid jury duty. Mudd spends the next two weeks at trial. He sends regular e-mails and texts to Lorie during this time, but on the fourth day gets a text message from Lorie that says, “Don’t bother to come back.” When he does return, Lorie tells him he is fired. Does Mudd have a cause of action for the tort of wrongful discharge?

Olga Monge was a schoolteacher in her native Costa Rica. She moved to New Hampshire and attended college in the evenings to earn US teaching credentials. At night, she worked at the Beebe Rubber Company after caring for her husband and three children during the day. When she applied for a better job at the plant, the foreman offered to promote her if she would be “nice” and go out on a date with him. She refused, and he assigned her to a lower-wage job, took away her overtime, made her clean the washrooms, and generally ridiculed her. She finally collapsed at work, and he fired her. Does Monge have any cause of

Solutions

Expert Solution

In this situation the business can't end the Richard in light of the fact that Richard has advised his director Lorie that he is required a Jury obligation. Lorie Said that he must avoid Jury duty and he actually told the judge about his circumstances and still he was not released of the duty in this case if the organization is small and Richard is an essential employee then the employer needs to request for a judicial discretion hearing before the judge to ask for excusing Richard which was not done and in no circumstances can the duty of a Jury be avoided because that is illegal and it may lead to legal actions. .

In the mean time the employer cannot discriminate the employee or behave differently according to the law and as Richard is fired this is something illegal as per the Leagl Department under the Office of the Jury Commissioner and this case as per the law the organization can be sued for this wrongful discharge.

Even though Olga Monge was an employee at the Beebe Rubber company at will, according to the Supreme Court, even employees at will have certain rights against wrong dismissal. The employement at will doctrine was created by the courts, however, there is an exception to this doctrine - that of wrongful discharge.

Wrongful discharge prohibits an employer from firing an employee for an invalid reason. This case is an example of public policy rule which prohibits an employer for firing a worker for a reson that violates basic social rights and responsibilities. This, Monge has a clear cause of action in this case.


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