Case Study
Management of first principle, Inc. has noticed signs of modest productivity on its assembly key out and suspects an alarming incidence of after work hours drug abomination among its employees which may be contributing to lower productivity and low morale. Management also suspects that the most drug usage is occuring among employees on the assembly line who have been actively engaged in seeking to unionize the company.
In view of the foregoing circumstances, ABCs direction in considering implementation of drug testing program as a condition of continuing employment and the adoption of adaptations to its military unit handbook to make clear that all of its employees are empoyed on an at wil basis.
Conclusion-
ABC Inc. violates the Wagner Act, which gives employees the right to unionize. Without proof of drug function managment created a insurance to discriminate against the assembly line, who just so happened to be the ones who were actively engaged in starting the union. ABC Inc contention that their bottomline was being effected by the actions of a conclave of employees.
But, because there is no proof to substantiate their suspicions that they is drug maltreat amongst the assembly line workers ABCs action in implementing this policy is a violation of public policy, because they did not meet the expulsion under termination without good cause, therefore this a subject of wrongful discharge. The definition of at will does not reserve to this case, because there is not an absent contract but an evident contract. The employees hands become tied with regard to the act of bargain with the employer when management created it a condition of continued employement the adoption of drug testing program, which is not the same original document agree to at the time of hiring therefore is just a modification therefore does not apply...
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