SOLUTION MANUAL FOR #st #st
Employment #stLaw #stfor #stHuman #stResource #stPractice, #st7th #stEdition
Chapter #st1-17
Chapter #st1
Solution and Answer Guide #st #st #st
DAVID # WALSH, # EMPLOYMENT # LAW # FOR # HUMAN # RESOURCE # PRACTICE # 2024,
S T ST S T ST S T S T S T S T
# EDITION: # 7, # 9780357717547; # CHAPTER #
ST ST ST 1: # OVERVIEW # OF # EMPLOYMENT # LAW
ST S T ST S T S T S T
TABLE OF CONTENTS #ST #ST
Case #stQuestions ........................................................................................................................................... 2
Warner #stv. #stUnited #stNatural #stFoods, #stInc. ................................................................................................ 2
OTO, #stL.L.C. #stv. #stKho .............................................................................................................................. 4
EEOC #stv. #stAUTOZONE, .......................................................................................................................... 7
Just #stThe #stFacts........................................................................................................................................... 8
Practical #stConsiderations.......................................................................................................................... 10
Chapter #stQuestions ................................................................................................................................... 11
© #st2024 #stCengage. #stAll #stRights #stReserved. #stMay #stnot #stbe #stscanned, #stcopied #stor #stduplicated, #stor #stposted 1
#stto #sta #stpublicly #staccessible
website, #stin #stwhole #stor #stin #stpart.
SCHOLAsRVAULT
,CASE QUESTIONS
WARNER V. UNITED NATURAL FOODS, INC.
513 F. Supp 3d 477 (M.D. Pa., January 13, 2021)
Plaintiff was an employee of United Natural Foods, Inc. (―UNFI‖), a Rhode Island corporation that
maintains a wholesale food distribution operation in York, PA. On December 16, 2019, UNFI hired
Plaintiff Dennis Warner as a loader at that York location. Neither of Plaintiff‘s theories of liability was
plausibly alleged (He was wrongfully terminated based on his complaint to the Department of Health;
Plaintiff claims he was fired because he stayed home from work while he awaited the results of his
COVID-19 test), the courts granted the motion and dismissal of this case.
1. What was the legal issue in this case? What did the court decide?
Answer:
The legal issues were whether the Plaintiff was wrongfully terminated in retaliation for
his complaint to the Department of Health, or because he missed work pending the result
of his COVID-19 test. Furthermore, the case questions whether the Plaintiff can allege
the termination violates a ―clear mandate of public policy.‖
2. What arguments and evidence support the plaintiff‘s (Warner) claim that he was wrongfully
terminated?
Answer:
The Plaintiff argues that he was wrongfully terminated based on his complaint to the
Department of Health. This argument does not hold as Plaintiff was not under any
affirmative or statutory duty to report alleged violations of the executive branch‘s
COVID-19 mitigation orders.
Plaintiff‘s second theory also fails. To reiterate, Plaintiff claims he was fired because he
stayed home from work while he awaited the results of his COVID-19 test. He avers that
because the Secretary of Health‘s April 15 order instructed that symptomatic employees
―should notify their supervisor and stay home,‖ he was following the government orders
(Pennsylvania Disease Prevention and Control Law).
The Plaintiff pleads that he quarantined while waiting for test results at the direction of
his supervisors. It is implausible that Defendant instructed him to stay home from work
while waiting for his test results, and then fired him because he stayed home while
waiting for his test results.
3. Why does the court rule for the defendant-employer despite expressing sympathy for the plaintiff?
Answer:
© #st2024 #stCengage. #stAll #stRights #stReserved. #stMay #stnot #stbe #stscanned, #stcopied #stor #stduplicated, #stor #stposted 2
#stto #sta #stpublicly #staccessible
website, #stin #stwhole #stor #stin #stpart.
SCHOLAsRVAULT
, As #stmentioned #stin #stquestion #st2, #stthe #stcourt #stsaid #stthat #stit #stcould #stnot #stsustain #sta #stclaim
#stpled #stin #stthis #stmanner. #stBecause #stneither #stof #stPlaintiff‘s #sttheories #stof #stliability #stis
#stplausibly #stalleged, #stthe #stcourt #stthus #stgranted #stthe #stdismissal #stof #stthis #stcase.
The #stPublic #stPolicy #stexception #stcould #stbe #stused #stif #stlegislation #stwas #stdisobeyed, #stbut
#stthat #stis #stnot #stthe #stcase #sthere. #stWhat #stconstitutes #st―public #stpolicy‖ #stin #stthe
#stCommonwealth #stis #stdetermined #stby #streference #stto #stjudicial #stdecisions #stof
#stPennsylvania #stcourts, #stthe #stPennsylvania #stconstitution, #stand #ststatutes #stpromulgated #stby
#stthe #stPennsylvania #stlegislature. #stThe #stcourt #stis #stsympathetic #stto #stPlaintiff‘s #stargument
#stthat #stDefendant‘s #stconduct #stpotentially #stundermined #stthe #stCommonwealth‘s #stability #stto
#stmitigate #stthe #stspread #stof #stCOVID-19. #stIt #stis #stalso #sttrue #stthat #stthe #stGovernor‘s #stand
#stSecretary #stof #stHealth‘s #stpowers #stto #stmandate #stcertain #stpandemic #stmitigation #ststandards
#stdo #stderive #stfrom #ststatute, #stnamely #stthe #stEmergency #stCode. #stThe #stcourt #stis #sthesitant #stto
#stpronounce #stthat #stan #stemployment #stdecision #stpotentially #stinconsistent #stwith #stan
#stexecutive #stbranch‘s #stCOVID-19 #stmitigation #steffort #stclearly #stviolates #stpublic #stpolicy
#stwhere #stthere #stis #stno #staffirmative #stindication #stthat #stthe #stlegislature #stwould #stagree.
Furthermore, #stPennsylvania #stcourts #sthave #strecognized #stthe #stpublic #stpolicy #stexception
#stwhere #stthe #stemployer: #st(1) #stcompels #stthe #stemployee #stto #stengage #stin #stcriminal #stactivity;
#st(2) #stprevents #stthe #stemployee #stfrom #stcomplying #stwith #sta #stduty #stimposed #stby #ststatute; #stor
#st(3) #stdischarges #stthe #stemployee #stwhen #sta #ststatute #stexpressly #stprohibits #stsuch
#sttermination. #stThe #stcourt #stsaid #stthat #stit #stwas #stskeptical #stabout #stPlaintiff‘s #stargument
#stthat #stthere #stwas #stan #starticulable #stand #strecognizable #stpublic #stpolicy, #stwhich #stwould #stbe
#sta #stpremise #stfor #sta #stwrongful #sttermination #stclaim #stunder #steither #sttheory.
4. Do #styou #stagree #stwith #stthe #stdecision #stin #stthis #stcase? #stWhy #stor #stwhy #stnot?
Answer:
Students‘ #stanswers #stwill #stdiffer, #stbut #stmost #stmay #stconclude #stthat #stthe #stPublic #stPolicy
#stexemption #stdoes #stnot #stapply #sthere. #stThe #stwrongful #sttermination #stevidence #stalso #stdoes
#stnot #sthold, #stas #stEmployment #stin #stPennsylvania #stis #sttypically #stat-will. #st―[T]he
#stpresumption #stof #stall #stnon- #stcontractual #stemployment #strelations #stis #stthat #stit #stis #stat-will
#stand #st… #stthis #stpresumption #stis #stan #stextremely #ststrong #stone.‖
5. What, #stif #stany, #stimplications #stdoes #stthis #stdecision #sthold #stfor #stthe #stefforts #stof #stpublic #sthealth
#stofficials #stto #stdeal #stwith #stthe #stCOVID-19 #stpandemic?
Answer:
The #stspread #stof #stCOVID-19 #stwas #stcontained #stwith #stdifferent #stexecutive #storders, #stwhich
#stwere #steffective #stin #stpublic #sthealth #stobjectives. #stThe #stgovernor #stprohibited #stall #stnon-
life-sustaining #stbusinesses #stfrom #stoperating #ston #stMarch #st19, #st2020. #stApril #st15, #st2020,
#stthe #stSecretary #stof #stHealth #stordered #stessential #stbusinesses #stto #stimplement #stcertain
#stsocial #stdistancing, #stmitigation, #stand #stcleaning #stprotocols #stto #sthelp #stcontain #stthe #stspread
#stof #stCOVID-19. #stThe #stSecretary #stof #stHealth #stalso #stinstructed #stthat #stemployees #stof
#stessential #stbusinesses #stwho #stdevelop #stCOVID-19 #stsymptoms
―should #stnotify #sttheir #stsuperior #stand #ststay #sthome.‖ #stSoon #stafter, #stthe #stDepartment #stof
#stHealth #stcreated #stan #stonline #stCOVID-19 #stcomplaint #stform #stfor #stbusiness #stpatrons
© #st2024 #stCengage. #stAll #stRights #stReserved. #stMay #stnot #stbe #stscanned, #stcopied #stor #stduplicated, #stor #stposted 3
#stto #sta #stpublicly #staccessible
website, #stin #stwhole #stor #stin #stpart.
SCHOLAsRVAULT
, and #stemployees #stto #streport #stany #strelevant #stissues #stor #stconcerns.
#st
© #st2024 #stCengage. #stAll #stRights #stReserved. #stMay #stnot #stbe #stscanned, #stcopied #stor #stduplicated, #stor #stposted 4
#stto #sta #stpublicly #staccessible
website, #stin #stwhole #stor #stin #stpart.
SCHOLAsRVAULT
Employment #stLaw #stfor #stHuman #stResource #stPractice, #st7th #stEdition
Chapter #st1-17
Chapter #st1
Solution and Answer Guide #st #st #st
DAVID # WALSH, # EMPLOYMENT # LAW # FOR # HUMAN # RESOURCE # PRACTICE # 2024,
S T ST S T ST S T S T S T S T
# EDITION: # 7, # 9780357717547; # CHAPTER #
ST ST ST 1: # OVERVIEW # OF # EMPLOYMENT # LAW
ST S T ST S T S T S T
TABLE OF CONTENTS #ST #ST
Case #stQuestions ........................................................................................................................................... 2
Warner #stv. #stUnited #stNatural #stFoods, #stInc. ................................................................................................ 2
OTO, #stL.L.C. #stv. #stKho .............................................................................................................................. 4
EEOC #stv. #stAUTOZONE, .......................................................................................................................... 7
Just #stThe #stFacts........................................................................................................................................... 8
Practical #stConsiderations.......................................................................................................................... 10
Chapter #stQuestions ................................................................................................................................... 11
© #st2024 #stCengage. #stAll #stRights #stReserved. #stMay #stnot #stbe #stscanned, #stcopied #stor #stduplicated, #stor #stposted 1
#stto #sta #stpublicly #staccessible
website, #stin #stwhole #stor #stin #stpart.
SCHOLAsRVAULT
,CASE QUESTIONS
WARNER V. UNITED NATURAL FOODS, INC.
513 F. Supp 3d 477 (M.D. Pa., January 13, 2021)
Plaintiff was an employee of United Natural Foods, Inc. (―UNFI‖), a Rhode Island corporation that
maintains a wholesale food distribution operation in York, PA. On December 16, 2019, UNFI hired
Plaintiff Dennis Warner as a loader at that York location. Neither of Plaintiff‘s theories of liability was
plausibly alleged (He was wrongfully terminated based on his complaint to the Department of Health;
Plaintiff claims he was fired because he stayed home from work while he awaited the results of his
COVID-19 test), the courts granted the motion and dismissal of this case.
1. What was the legal issue in this case? What did the court decide?
Answer:
The legal issues were whether the Plaintiff was wrongfully terminated in retaliation for
his complaint to the Department of Health, or because he missed work pending the result
of his COVID-19 test. Furthermore, the case questions whether the Plaintiff can allege
the termination violates a ―clear mandate of public policy.‖
2. What arguments and evidence support the plaintiff‘s (Warner) claim that he was wrongfully
terminated?
Answer:
The Plaintiff argues that he was wrongfully terminated based on his complaint to the
Department of Health. This argument does not hold as Plaintiff was not under any
affirmative or statutory duty to report alleged violations of the executive branch‘s
COVID-19 mitigation orders.
Plaintiff‘s second theory also fails. To reiterate, Plaintiff claims he was fired because he
stayed home from work while he awaited the results of his COVID-19 test. He avers that
because the Secretary of Health‘s April 15 order instructed that symptomatic employees
―should notify their supervisor and stay home,‖ he was following the government orders
(Pennsylvania Disease Prevention and Control Law).
The Plaintiff pleads that he quarantined while waiting for test results at the direction of
his supervisors. It is implausible that Defendant instructed him to stay home from work
while waiting for his test results, and then fired him because he stayed home while
waiting for his test results.
3. Why does the court rule for the defendant-employer despite expressing sympathy for the plaintiff?
Answer:
© #st2024 #stCengage. #stAll #stRights #stReserved. #stMay #stnot #stbe #stscanned, #stcopied #stor #stduplicated, #stor #stposted 2
#stto #sta #stpublicly #staccessible
website, #stin #stwhole #stor #stin #stpart.
SCHOLAsRVAULT
, As #stmentioned #stin #stquestion #st2, #stthe #stcourt #stsaid #stthat #stit #stcould #stnot #stsustain #sta #stclaim
#stpled #stin #stthis #stmanner. #stBecause #stneither #stof #stPlaintiff‘s #sttheories #stof #stliability #stis
#stplausibly #stalleged, #stthe #stcourt #stthus #stgranted #stthe #stdismissal #stof #stthis #stcase.
The #stPublic #stPolicy #stexception #stcould #stbe #stused #stif #stlegislation #stwas #stdisobeyed, #stbut
#stthat #stis #stnot #stthe #stcase #sthere. #stWhat #stconstitutes #st―public #stpolicy‖ #stin #stthe
#stCommonwealth #stis #stdetermined #stby #streference #stto #stjudicial #stdecisions #stof
#stPennsylvania #stcourts, #stthe #stPennsylvania #stconstitution, #stand #ststatutes #stpromulgated #stby
#stthe #stPennsylvania #stlegislature. #stThe #stcourt #stis #stsympathetic #stto #stPlaintiff‘s #stargument
#stthat #stDefendant‘s #stconduct #stpotentially #stundermined #stthe #stCommonwealth‘s #stability #stto
#stmitigate #stthe #stspread #stof #stCOVID-19. #stIt #stis #stalso #sttrue #stthat #stthe #stGovernor‘s #stand
#stSecretary #stof #stHealth‘s #stpowers #stto #stmandate #stcertain #stpandemic #stmitigation #ststandards
#stdo #stderive #stfrom #ststatute, #stnamely #stthe #stEmergency #stCode. #stThe #stcourt #stis #sthesitant #stto
#stpronounce #stthat #stan #stemployment #stdecision #stpotentially #stinconsistent #stwith #stan
#stexecutive #stbranch‘s #stCOVID-19 #stmitigation #steffort #stclearly #stviolates #stpublic #stpolicy
#stwhere #stthere #stis #stno #staffirmative #stindication #stthat #stthe #stlegislature #stwould #stagree.
Furthermore, #stPennsylvania #stcourts #sthave #strecognized #stthe #stpublic #stpolicy #stexception
#stwhere #stthe #stemployer: #st(1) #stcompels #stthe #stemployee #stto #stengage #stin #stcriminal #stactivity;
#st(2) #stprevents #stthe #stemployee #stfrom #stcomplying #stwith #sta #stduty #stimposed #stby #ststatute; #stor
#st(3) #stdischarges #stthe #stemployee #stwhen #sta #ststatute #stexpressly #stprohibits #stsuch
#sttermination. #stThe #stcourt #stsaid #stthat #stit #stwas #stskeptical #stabout #stPlaintiff‘s #stargument
#stthat #stthere #stwas #stan #starticulable #stand #strecognizable #stpublic #stpolicy, #stwhich #stwould #stbe
#sta #stpremise #stfor #sta #stwrongful #sttermination #stclaim #stunder #steither #sttheory.
4. Do #styou #stagree #stwith #stthe #stdecision #stin #stthis #stcase? #stWhy #stor #stwhy #stnot?
Answer:
Students‘ #stanswers #stwill #stdiffer, #stbut #stmost #stmay #stconclude #stthat #stthe #stPublic #stPolicy
#stexemption #stdoes #stnot #stapply #sthere. #stThe #stwrongful #sttermination #stevidence #stalso #stdoes
#stnot #sthold, #stas #stEmployment #stin #stPennsylvania #stis #sttypically #stat-will. #st―[T]he
#stpresumption #stof #stall #stnon- #stcontractual #stemployment #strelations #stis #stthat #stit #stis #stat-will
#stand #st… #stthis #stpresumption #stis #stan #stextremely #ststrong #stone.‖
5. What, #stif #stany, #stimplications #stdoes #stthis #stdecision #sthold #stfor #stthe #stefforts #stof #stpublic #sthealth
#stofficials #stto #stdeal #stwith #stthe #stCOVID-19 #stpandemic?
Answer:
The #stspread #stof #stCOVID-19 #stwas #stcontained #stwith #stdifferent #stexecutive #storders, #stwhich
#stwere #steffective #stin #stpublic #sthealth #stobjectives. #stThe #stgovernor #stprohibited #stall #stnon-
life-sustaining #stbusinesses #stfrom #stoperating #ston #stMarch #st19, #st2020. #stApril #st15, #st2020,
#stthe #stSecretary #stof #stHealth #stordered #stessential #stbusinesses #stto #stimplement #stcertain
#stsocial #stdistancing, #stmitigation, #stand #stcleaning #stprotocols #stto #sthelp #stcontain #stthe #stspread
#stof #stCOVID-19. #stThe #stSecretary #stof #stHealth #stalso #stinstructed #stthat #stemployees #stof
#stessential #stbusinesses #stwho #stdevelop #stCOVID-19 #stsymptoms
―should #stnotify #sttheir #stsuperior #stand #ststay #sthome.‖ #stSoon #stafter, #stthe #stDepartment #stof
#stHealth #stcreated #stan #stonline #stCOVID-19 #stcomplaint #stform #stfor #stbusiness #stpatrons
© #st2024 #stCengage. #stAll #stRights #stReserved. #stMay #stnot #stbe #stscanned, #stcopied #stor #stduplicated, #stor #stposted 3
#stto #sta #stpublicly #staccessible
website, #stin #stwhole #stor #stin #stpart.
SCHOLAsRVAULT
, and #stemployees #stto #streport #stany #strelevant #stissues #stor #stconcerns.
#st
© #st2024 #stCengage. #stAll #stRights #stReserved. #stMay #stnot #stbe #stscanned, #stcopied #stor #stduplicated, #stor #stposted 4
#stto #sta #stpublicly #staccessible
website, #stin #stwhole #stor #stin #stpart.
SCHOLAsRVAULT
