To be relieved of responsibility the person has to "not know that the order was unlawful". This is a subjective condition and the subordinate has to demonstrate that he did not know that the order was unlawful. It is a low threshold for the defendant and in cases of doubt, the subordinate has to be treated as if he had known that the order was unlawful.
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Although employers generally are free to discharge at-will employeeswith or without cause at any time, they are not free to requireemployees, on pain of losing their jobs, to commit unlawful acts oracts in violation of a clear mandate of public policy expressed in theconstitution, statutes and regulations promulgated pursuant tostatute.
12-11-2017 · What is the difference between common and statute law?
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I did a search of the WESTLAW database on1 June 2000 for cases in all fifty state supreme courtssince 1945 that contained both the phrases "wrongful discharge" and"whistle-blower" half of the cases were since April 1995.
Difference between Statutory Law and ..
This essay reviews cases under state law involving wrongful terminationof employment in the USA, because an employee chose to follow ethicalprinciples of the employee's profession.
Common law and Statute law - The Student Room
While the language in A.R.S. § 44-101(5) has been interpreted to not be applicable to oral contracts when there is a possibility of performance within one year, the Court in Rudinsky rejected the argument that the possibility that Rudinsky’s buyers may not have generated any more deals after the initial transaction made the contract one that was capable of being completed within one year. Rather, the Court held that the Rudinsky arrangement was distinguishable from other indefinite contracts that are capable of being performed within one year because Rudinsky had alleged the existence of a permanent contractual relationship that failed to contain any term that would terminate the contractual relationship within one year. The Court noted that even Rudinsky’s potential death would not terminate the contractual obligation of the full service brokerage company because the obligation would pass to the benefit of her estate, heirs, or beneficiaries. The Court held that such a relationship was not capable of being performed within one year and thus such a contract fell within the Statute of Frauds and was unenforceable.
a “serious and lasting relationship.” Under the previous case law, ..
There is no need to cite those cases, because:Because of my intentional lack of citations in this essayto the mainstream law of at-will employment,a reader might obtain the mistaken impression that the law in this essayis mainstream law.
In a civil case, statute law and common law determine ..
Recognizing that this rule of law is too harsh, courtsin the 1960s began to develop an exception to the absolute right of an employer toterminate an at-will employee, in cases where the employer violateda clearly expressed public policy.