Ill-Fated Love at Centrex Electronics

Ill-Fated Love at Centrex Electronics

What exceptions to the employment-at-will doctrine would the attorney have used to file the lawsuit?

The employment-at-will doctrine limits the employer’s power to terminate an employee. The doctrine’s exceptions protect the activities that the society considers desirable to prevent unfair employment practices, such as employment termination without a valid reason. Get in touch with us at eminencepapers.com. We offer assignment help with high professionalism.

The attorney would have used the covenant of good faith to support the claim that Juanita was wrongfully discharged. According to Ruud & Becker (2012), the covenant of good faith implies that an employer’s decision is subject to a just cause. The exception ensures that an employer’s decision is not motivated by malice and is not made in bad faith. Under the exception, the employer has a legal obligation to act in good faith when upholding the employment contract terms. Employers are also prohibited from nullifying, violating, or impairing employee rights or benefits. The lawyer would have argued that Centrex Electronics Corporation (CEC) was unjust because it did not give Juanita time to respond to the request issued by the division manager. The lawyer would also have used the exception on intentional infliction of emotional distress to file the lawsuit. He would have argued that CEC subjected Juanita to emotional distress after firing her without giving her enough time to end her relationship with Mike.

Comment on the confidential information policy adopted by Centrex Electronics. Do you agree with the way it is used? Explain

The confidential information policy adopted by Centrex Electronics dictates that employees assigned tasks with access to confidential or sensitive information that could be of value to competitors should not marry or have a romantic relationship with an employee in a competing company. The policy is unfair because it controls employees’ personal lives by dictating who they should marry or have romantic relationships with. I cannot entirely agree with how it is used because it interferes with what employees do outside the workplace. It may also cause emotional distress among employees who have to choose between their jobs and relationships. The company should consider using a non-disclosure agreement to prevent information leakage to unauthorized personnel rather than prohibiting employees from engaging with employees from competing companies. A non-disclosure agreement could effectively maintain confidentiality because it defines what the organization deems confidential and the consequences of leaking confidential information. Therefore, employees know what is expected of them and what they stand to lose if they share any confidential information.

Is dating a “romantic relationship”? Explain.

Dating is a stage in establishing a relationship that enables people to know each other and determine whether they can establish a long-term relationship. A romantic relationship is one where individuals are committed to ensuring each other’s emotional well-being is secured. The main factors that distinguish dating from a romantic relationship are commitment, priorities, and communication. A romantic relationship is founded on trust, thus requiring frequent and open communication. However, individuals may not be obligated to share information or engage in regular communication in dating. A romantic relationship also includes priorities such as spending time together and mutual agreement on what each should do to sustain the relationship.

References

Ruud, J. K., & Becker, W. S. (2012). Employment-at-Will. The Encyclopedia of Human Resource Management, 180-185. https://doi.org/10.1002/9781118364741.ch32

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Ill-Fated Love at Centrex Electronics

Juanita Hernandez-Canton never imagined she would lose her job at Centrex Electronics Corporation (CEC), and certainly not under such unpleasant circumstances. Unfortunately, after 6 years of employment, the last two as a senior product engineer in the firm’s military/space division in Atlanta, she made a mistake: she fell in love.

ll-Fated Love at Centrex Electronics

CEC is highly regarded as a quality employer in the electronics industry. It is a multinational corporation with engineering services and production facilities in Spain, Canada, Hong Kong, Mexico, and Germany. With more than 12,000 employees in the United States, the firm has been named one of the country’s top 100 organizations to work for by several studies. The firm is known as a top-paying corporation with proactive employee relations policies.

Kathryn Garner, the vice president of human resources for CEC, is credited with establishing many positive employee rights policies, including those covering electronic communications, drug testing, search and surveillance, access to employee files, and off-duty conduct. The corporation permits marriage between employees except in cases where one employee is in a direct reporting relationship with the other.

Hernandez-Canton joined Centrex Electronics shortly after graduating from Georgia State University in 2009. At that time she was married to Tom Hernandez, her college sweetheart. In 2012, Canton died suddenly. As a single parent, his widow then became dependent upon her job for the majority of her family’s support.

Hernandez-Canton enjoyed rapid promotions through various engineering positions. She also had been awarded the firm’s Engineering Distinction Award for her research and development work in metallography. But in January 2014, one week after receiving a significant raise, she was called into the firm’s human resources department. The question from the military/space division manager was clear and direct: “Are you dating Mike Domzalski?” Domzalski was a former CEC senior engineer who had changed employment in 2012 to work for International Technologies, a direct competitor of CEC. There was no denying the romance. The two had dated while Domzalski was with CEC, and he still remained friends with other Centrex Electronics Engineers. It was widely known among Hernandez-Canton’s friends that she was “extremely fond” of Domzalski.

Now, chastised for her involvement, Hernandez-Canton was ordered to forget about Domzalski or be demoted. After the meeting she told a friend, “I was so socialized in CEC culture and so devoted to my job that I thought seriously about breaking up with Mike.” As she later testified in court, however, she never got the chance because she was dismissed the day after the meeting with her manager.

At the root of Hernandez-Canton’s dismissal was a corporate policy regarding the leakage of confidential product information. The policy seeks to avoid situations where an employee of CEC might be compromised into providing sensitive or confidential information to an employee of a competing organization. Hernandez-Canton’s work in research and development made her subject to the following CEC policy:

Employees performing jobs where they have access to sensitive or confidential information which could benefit competitors are prohibited from being married to or from having a romantic relationship with individuals employed by competing organizations.

Since Domzalski’s work at International Technologies was similar to Hernandez-Canton’s at CEC, the corporation felt their “romantic relationship” made her discharge appropriate. Feeling aggrieved, Hernandez-Canton engaged the services of an attorney specializing in employee rights claims. In preparing her wrongful discharge suit, the attorney told her that given the nature of her case and the continuous erosion of the employment-at-will doctrine, he believed she could win the lawsuit. Furthermore, while gathering background information for the trial, the attorney discovered something that her former division manager did not know. Shortly before her discharge, no less an authority than former chairman CEC had declared that “CEC employees are responsible for their own off-the-job behavior. We are concerned with an employee’s off-the-job conduct only when it reduces the employee’s ability to perform normal job assignments.”

A jury trial in state court upheld the wrongful discharge suit and awarded Hernandez-Canton $425,000 in back pay and punitive damages. Like other trials, however, this one took its toll on the parties involved. “I couldn’t function for four or five months after the trial, I was so emotionally upset and drained,” Hernandez-Canton said. She is now employed as an engineer for a medical-device maker; she and Domzalski are no longer dating. “It was a bad experience all around,” she says. “There was a real sense of belonging and a feeling of personal job worth at CEC. If I had my way, I’d take my old job back today.”

1) What exceptions to the employment-at-will doctrine would the attorney have used to file the lawsuit?

2) Comment on the confidential information policy adopted by Centrex Electronics. Do you agree with the way it is used? Explain

3) Is dating a “romantic relationship”? Explain.