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Publisher Description

The only issue to be resolved in this case is whether a public policy exception to the employment at will doctrine can be invoked to challenge the termination of an employee whose employment was subject to a collective bargaining agreement. Stan Hermreck (Hermreck) was discharged from his position as a driver for United Parcel Service (UPS) for dishonesty in filling out his time cards. Hermreck filed a grievance pursuant to the collective bargaining agreement, and the grievance panel that heard the matter upheld the discharge. Hermreck then filed this action against UPS alleging that his discharge was wrongful because it was in retaliation for his reporting of violations of the Wyoming Occupational Safety & Health Act by UPS. He also sought to recover for intentional infliction of emotional distress. The district court ruled that the wrongful discharge claim was foreclosed because a public policy exception to the employment at will doctrine cannot be invoked if the position is covered by a collective bargaining agreement, and Hermreck had not demonstrated the requisite degree of severe emotional distress to justify a trial on that claim for relief. The district court also ruled that the claim could not be maintained because Hermreck had failed to pursue other available remedies. A summary judgment was entered in favor of UPS, which we affirm.

GENRE
Professional & Technical
RELEASED
1997
June 12
LANGUAGE
EN
English
LENGTH
8
Pages
PUBLISHER
LawApp Publishers
SELLER
Innodata Book Distribution Services Inc
SIZE
59.4
KB

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