Question

2. Olga Monge was a schoolteacher in her native Costa Rica. She moved to New Hampshire and attended college in the evenings to earn US teaching credentials. At night, she worked at the Beebe Rubber Company after caring for her husband and three children during the day. When she applied for a better job at the plant, the foreman offered to promote her if she would be “nice” and go out on a date with him. She refused, and he assigned her to a lower-wage job, took away her overtime, made her clean the washrooms, and generally ridiculed her. She finally collapsed at work, and he fired her. Does Monge have any cause of action?

Answer 1

Even though Olga Monge was an employee at the Beebe Rubber company at will, according to the Supreme Court, even employees at will have certain rights against wrong dismissal. The employement at will doctrine was created by the courts, however, there is an exception to this doctrine - that of wrongful discharge. Wrongful discharge prohibits an employer from firing an employee for an invalid reason. This case is an example of public policy rule which prohibits an employer for firing a worker for a reson that violates basic social rights and responsibilities. This, Monge has a clear cause of action in this case.