Variations on Novosel

[Rip Verkerke <ripv@virginia.edu>]

Dear Employment Law Students,

Here are some variations on the facts of Novosel that I plan to discuss in
the latter half of class on Thursday.  We will start at the beginning of the
list and let the discussion guide how far we get down the list.  You should
consider whether you would find legal protection against discharge in any or
perhaps all of these situations.

(1) Suppose that the company sends its clerical employees out during their
workday into shopping malls to obtain signatures on "coupons bearing the
insignia of the Pennsylvania Committee for No-Fault Reform."  Someone is
fired for refusing to go to the mall.

(2) Suppose that Nationwide ordered Novosel and other employees to spend the
first hour of their workday calling legislators and saying: "Hello, this is
_______ from Nationwide Insurance calling. We want you to know that
Nationwide favors the pending no-fault insurance reform legislation."
Someone is fired for refusing to make the calls.

(3) Suppose that Domino's Pizza requires delivery drivers to solicit
petition signatures at each delivery.  A driver is fired for refusing to ask
for signatures.

(4) Suppose that Nationwide tells employees to take a petition home and
obtain the signatures of their friends and family.  Someone refuses and is
fired.

(5) Suppose that the company tells employees to sign a petition favoring
no-fault reform that will be delivered to the state legislature.  An
employee is fired for refusing to sign.

(6) Suppose the company sends a letter to the legislature listing all
employees' names as supporters.  One of them is fired for objecting to the
letter.

(7) Suppose that Nationwide demanded as a condition of employment that all
employees pledge to vote for candidates of the company's choosing.  The
company tells employees it favors a candidate who supports no-fault reform.
An employee has a yard sign supporting the opposing candidate.  Nationwide
fires the employee.

(8) Suppose that Nationwide has an in-house lobbying department.  A newly
hired employee in that department becomes convinced that the company's
position on no-fault reform is wrong.  She refuses to make calls and visits
to legislators advocating that position.  Nationwide fires her.

I look forward to hearing your thoughts on these cases.

Warm regards,

Rip