Judge Hargrave on Employer and Employee Rights
From Judgepedia
2007
Shero v. Grand Savings Bank (2007)
Justice Hargrave concurred in the opinion of Justice James E. Lavender finding that an employer had the right to terminate the employment of an employee who insisted on pursuing a claim against a third party under Oklahoma's Open Records Act, as there was no "public policy exception" to such a firing.
ISSUE:
In this case, the court framed the issue as whether termination of an at-will employee for his refusal to dismiss open records law claims against a third party constituted a wrongful discharge under Oklahoma's public policy exception to the employment at-will doctrine that allows for termination at-will.
HOLDING:
The court found that "[w]hile we recognize the Open Records Act speaks explicity of public policy * * * [the] employee here made the choiceto forego his employment with the Bank * * *. Employee was not ordered to perform an illegal act or denied the opportunity to exercise his legal rights such that might serve as public policy grounds giving rise to liabilty for an at-will employee's discharge"
REASONING:
In arriving at that decision, the court reasoned as follows:
- (1) "In light of the vague meaning of the term public policy we believe the public policy exception must be tightly circumscribed."
- (2) The Open Recods Act is silent as to any aspect of the employment relationship.
POTENTIAL FLAWS IN THE COURT'S REASONING:
For potential flaws in the court's reasoning, see this link to the discussion page or click on the discussion tab at the top of this page.
