Business Law

Business Law

Question 1: Four Categories of Legal Protections against Wrongful Discharge

Wrongful discharge has been a matter of much debate and concern since the time man started practicing law. Legal affairs all over the world are questioned and pulled into consideration from different aspects when the person employed at a certain workplace is discharged for no reason or without proper justification. In Common Law, there are four categories that have been formed over time by the legal constitutions of the world to deal with wrongful discharge as well as its implications. These four categories are: constitutional, statutory, contractual and Tort. Further in this section is a summary of all four sections and how they can impact the legal implications of wrongful discharge (Dignam & Lowry, 2006).

Unless specified by a certain contract or legal agreement that was formed at the time when the person is employed, there are legal protections that a person can take when he or she is discharged without any reason. The first is the violation of public policy that falls under the category of constitutional law and declares every employee immune to improper termination since the state makes it mandatory for organizations to protect the employment of the people. Next is protection based on factors such as discrimination and interference, (falling under the Civil Rights Act of 1964) in which the employee is protected from termination based on color, creed, race, language, background and ethnicity. This falls under the category of statutory. Next is contractual law, which protects the employee in terms of contracts and legal decisions made at the time of employment. However, this category could also be useful for the employer if there was a decision or contract signed when the person was being hired. Although formed as the PSDPA, it is better known as the ...