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To: spunkets; Everybody

spunkets wrote:

Henry Perritt Jr., one of this country's foremost scholars on labor and employment law, advocates a comprehensive test for analyzing wrongful discharge claims involving violations of public policy. Perritt proposes four elements of a public policy tort case:

(1) The plaintiffs must prove the existence of a clear public policy (the clarity element). Henry H. Perritt Jr., Workplace Torts: Rights and Liabilities § 3.7 (1991) (hereinafter Perritt).

(2) The plaintiffs must prove that discouraging the conduct in which they engaged would jeopardize the public policy (the jeopardy element). Perritt § 3.14.

(3) The plaintiffs must prove that the public-policy-linked conduct caused the dismissal (the causation element). Perritt § 3.19.

(4) The defendant must not be able to offer an overriding justification for the dismissal (the absence of justification element). Perritt § 3.21. See also Collins v. Rizkana, 73 Ohio St.3d 65, 69-70, 652 N.E.2d 653 (1995) (adopting Perritt's four element test).

See...






Great find.

Naturally there are 'no replies' from those who want to violate the public policy of the 2nd Amendment.


702 posted on 12/15/2004 8:42:38 AM PST by jonestown ( JONESTOWN, TX http://www.tsha.utexas.edu/handbook/online/articles)
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To: jonestown; spunkets
That's not such a "great find" jonesy, it may seem so to someone, such as yourself, who hasn't a clue in the world about how law works ("why use case law?).

"Henry Perritt Jr., one of this country's foremost scholars on labor and employment law, advocates a comprehensive test for analyzing wrongful discharge claims involving violations of public policy."

"Public policy" has nothing to do with the private policies established by a property owner when exercising his property rights on his land.

Those would be far from "public policies" as they pertain to his property, and does not dictate or even seek to alter public policy.

800 posted on 12/15/2004 7:26:11 PM PST by Luis Gonzalez (Some people see the world as they would want it to be, effective people see the world as it is.)
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