Author Question: Wrongful Discharge. Stephen Fredrick, a pilot for Simmons Airlines Corp, criticized the safety of ... (Read 94 times)

future617RT · **on:** Jun 24, 2018

Wrongful Discharge. Stephen Fredrick, a pilot for Simmons Airlines Corp, criticized the safety of the aircraft that Simmons used on many of its flights and warned the airline about possible safety problems. Simmons took no action. After one of the planes crashed, Fredrick appeared on the television program Good Morning America to discuss his safety concerns. The same day, Fredrick refused to allow employees of Simmons to search his personal bags before a flight that he was scheduled to work. Claiming insubordination, the airline terminated Fredrick. Fredrick filed a suit in a federal district court against Simmons, claiming, among other things, retaliatory discharge for his public criticism of the safety of Simmons's aircraft and that this discharge violated the public policy of providing for safe air travel. Simmons responded that an employee who goes public with his or her concerns should not be protected by the law. Will the court agree with Simmons? Explain.

Question 2

Power of attorney is given to an agent called an attorney-in-fact.
a. True
b. False
Indicate whether the statement is true or false

olderstudent · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

Wrongful discharge
The court dismissed Fredrick's suit, and he appealed to the U.S. Court of Appeals for the Seventh Circuit. The appellate court reversed the dismissal with respect to the claim of retaliatory discharge. The court recognized that the tort of retaliatory discharge occurs when an employee is discharged in retaliation for his activities, and the discharge violates a clear mandate of public policy. As to whether providing for the safety of air travel was public policy, the court declared it was not willing to hold that Illinois has no public policy interest in the safety of the aircraft that fly into and out of Illinois airports. As to whether Fredrick was entitled to protection for making his concerns public, the court said this Court cannot say as a matter of law that Fredrick was unjustified in choosing to take his concerns to the public. No Illinois court has held that an employee forfeits his cause of action for retaliatory discharge by complaining publicly rather than privately, and this Court will not take that step today.

Answer to Question 2

TRUE