[Wrongful Discharge] Monique worked as an administrative assistant for B&B Corporation. According to paragraph 16 of B&B's employee handbook's progressive discipline policy, an employee whose performance is unsatisfactory may be discharged if no improvement is shown within thirty days after receiving a written warning. Monique was having difficulty learning the software program required for her job. On July 1, she met with her supervisor, who told her that her performance needed improvement and gave her a written warning which referenced paragraph 16 of the employee handbook. Monique stayed up late each night trying to learn the new program. She was away from her job for one week for jury duty. On her return to work from jury duty on July 20, Monique was terminated for poor performance.

Question

Monique called B&B's Human Resources Department, but was told she has no case for wrongful discharge because she was an employee-at-will and can be terminated at any time for any reason.Does Monique have a valid claim for wrongful discharge under the implied-contract exception?

A. Yes, because the supervisor did not follow the steps for progressive discipline leading to discharge.
B. No, although most states recognize an implied-contract exception that would permit employees to sue for wrongful discharge, there was no violation because Monique's performance was poor.
C. No, the employer did not violate the law by firing Monique prior to the expiration of thirty days after receipt of her written warning.
D. No, states do not recognize an implied-contract exception that would permit employees to sue for wrongful discharge.
E. Yes, but only if the employer promised in writing not to fire Monique until thirty days after her written warning.

Answer 1

Answer: A