A friend of yours knows that you are quite knowledgeable in employment law, and he asks you if you would talk to his brother, Max Baldwin. Max is a forty-five year old master electrician who works for PECO Energy Company and is a longstanding member of the IBEW (International Brotherhood of Electrical Workers) who represent about 22% of PECO's workforce. Max was warned repeatedly in the past - and last Tuesday he was fired - for talking about union business while on company premises, but on his break time in the company break room. (Questions 1-5 concern your advice to Max).
1. Can they fire Max for talking about the union in the break room on his break time?
a. Yes, under the doctrine of employment-at-will.
b. No, under the public policy exception to the doctrine of employment-at-will.
c. This is covered by labor law (not this class) because Max has union representation.
d. This is covered by contract law (not this class) because Max has an individual contract of employment.
e. It is impossible to answer this question without knowing the federal jurisdiction.