February, North Dakota, Nineteen discussed on Labor Relations Information System
Have created very modest exceptions to the atwells employment rule Of those exceptions is whether there is a dominant public policy that would be violated if the employer were allowed to terminate the employees. But that's a very very narrow exception when you hear all these discussions right now about police reform and the need to take arbitrators out of the equation and the employer should have the final decision as to whether a police officer corrections officer keeps their job. What those people are arguing for. Is that everybody who subject to those standards should be an at will employee that that a for example police chief should have the right to make a completely incorrect decision about firing an employee. A baseless decision a politically motivated decision. Whatever it might be and that decision should be appel. So when this north dakota case came down and i saw what the court held in the case i thought this would be a wonderful example to everybody of what life is like in the at will employment world. This is the case involving detective brandon pots and detective pots. Worked for the devil's lake. police department. Small police department in north dakota in february of two thousand and nineteen is employer. Fired him why it was july eighteenth incident where pots was attempting to arrest a subject and in the process there was a tussle and his service. Weapon a discharged. It's not clear whether he intentionally from pinon whether intentionally fired the weapon or whether it was an accidental discharge question that occurred in the course of arresting the suspect and a resist versus resistance to that arrest The bullets struck the suspect in the head. And the suspect died as a result When pots was fired for that incident. He sued devil's lake for wrongful termination. He's an employee. This is north dakota and so he's a legend. He doesn't have civil service either to answer that question. Our police commissioner fire commission doesn't have any of that stuff he's a pure at will employees and alleges that his termination in his lawsuit is against public policy..