Management of ABC, Inc. has noticed signs of low productivity on its assembly line and suspects an alarming incidence of after work hours drug abuse 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, ABC's management in considering implementation of drug testing program as a condition of continuing employment and the adoption of modifications to its personnel handbook to make clear that all of its employees are empoyed on an "at wil basis".
ABC Inc. violates the Wagner Act, which gives employees the right to unionize. Without proof of drug use managment created a policy 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 group of employees. But, because there is no proof to substantiate their suspicions that they is drug abuse amongst the assembly line workers ABC's action in implementing this policy is a violation of public policy, because they did not meet the exception under termination without good cause, therefore this a case of wrongful discharge. The definition of "at will" does not apply to this case, because there is not an absent contract but an explicit contract. The employees' hands become tied with regard to the act of bargaining 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 agreed to at the time of hiring therefore is just a modification therefore does not...