Does the court’s ruling mean that all state administrative regulations are now the source of public policy considerations?
I need the assistance with 800 word count analysis with 4 citations for the following case study in APA format: and the questions answered at the end.
CASE 12.1 Jasper v. H. Nizam, Inc., 764 N.W.2d 751 (Iowa 2009)
Jasper brought a wrongful-discharge suit against KU and its owners, claiming that her firing was based on her refusal to violate the staff-children ratio and that such a termination was a violation of public policy. The trial court found in favor of KU because Jasper was an employee at-will and had not demonstrated that KU violated “well-recognized and clearly defined public policy.” The trial court held that the public policy exception could not apply because the staff-children ratio was an administrative rule and was not mandated by statute. The court of appeals reversed and found in Jasper’s favor, holding that, even absent a statute, a clear public policy existed that child care centers be adequately staffed.
Case Questions
- KU pointed out that there was no evidence that it actually violated the regulation during Jasper’s period of employment. Shouldn’t an employer have to “act” before any public policy concerns justify an exception to the employment-at-will rule?
- Does the court’s ruling mean that all state administrative regulations are now the source of public policy considerations?