Retaliation for Whistle Blowing and At Will Employees
Waddell vs. Boyce Thompson Institute for Plant Research, Inc.
In the case Waddell v. Boyce Thompson Institute for Plant Research, Waddell sued for wrongful termination claiming that his dismissal violated his contract. He was an at-will employee, however, and there were no clear guidelines regarding termination; thus, the court found that Waddell did not present a proper claim for breach of contract. The Supreme Court upheld the decision of the lower court and argued that Waddell did not make a proper claim.
While I agree technically with the court’s decision, I disagree with the spirit of the ruling. Waddell was possibly fired because his boss did not like that Waddell was calling her out for being late with financial filings. There could have been fraud involved. Waddell should have sued for wrongful termination based on violation of the whistleblower policy that the company had instituted. The court ruled against Waddell because he failed to properly make an effective claim. What bothers me is that everyone can probably see what the proper claim should have been—so why can’t...
References
Waddell v. Boyce Thompson Institute for Plant Research. (n.d.).
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