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To: Modernman

1) The mom has a duty/right to care for the child.
2) The child would be abandoned had the mom gone to work.
3) The phone conversation.
4) Employer's lack of other reason and the presence of evidence showing good work record.


717 posted on 12/15/2004 9:06:08 AM PST by spunkets
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To: spunkets
(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).

Even if there is some sort of public policy at work here, it is overidden by the fact that the defendant could easily offer an overriding justification for the dismissal: Absences from work without the employer's permission create a burden on that employer.

724 posted on 12/15/2004 9:17:24 AM PST by Modernman (Beer is proof that God loves us and wants us to be happy. --Benjamin Franklin)
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