SPHR Human Resources

Category - Relations

A ten-year employee with a company was assured by the supervisor that the employee would always have a job. Three months later, the employee was called to jury duty and assigned to a trial that lasted six months. The employer hired someone to take over the job and was then unable to find the employee a suitable position after the trial. This situation may violate all of the following exceptions to the doctrine of employment-at-will except
  1. Express oral contract
  2. Public policy
  3. Implied covenant of good faith and fair dealing
  4. Negligence
Explanation
Answer - D - Negligence is the only exception to the doctrine of employment-at-will that this situation does not violate.

Key Takeaway: Express oral contract is when an employer and an employee exchange promises related to employment, while an implied contract exist when an agreement is implied from circumstances even though there has been no express agreement between the employer and the employee. The implied covenant of good faith deals with the claim that a lack of good faith and fair dealing by the employer has occurred.
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