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Really? Hiring someone who starts working a night shift, and then firing them because they look different during the day time is not a breach of good faith? Fir
by cryptoz 5y ago
Really? Hiring someone who starts working a night shift, and then firing them because they look different during the day time is not a breach of good faith? Firing someone for shaving their beard is not a breach of good faith?
I guess I need to read up on legal terms. How are these obvious problems not breaches of good faith? I can admit I don't know much here, but, I'm shocked to find out that none of the examples in the article are considered "even close to" a breach of good faith?!
What would it take for Amazon to fire someone and breach the assumed good faith? Do you have an example? I'm curious and honestly trying to learn. I googled this obviously but since I'm not a legal expert the results are iffy and can be difficult to interpret so I appreciate the conversation on this, cheers.
- PeterisP 5y agoThere would have to be some sort of misleading, lies, broken promises or malicious intent to cause harm. It would be a breach of good faith if you say to the employee that shaving your beard is okay when they ask but then fire them for it because akshually paragraph 113.5 of your employee handbook prohibits beards. If you did not say anything like that, then the default conditions apply, and in an at-will employment state firing someone because you don't like their face (for example, after they have shaved) is not prohibited. If you explicitly say every now and then "we may arbitrarily terminate you" and then actually do terminate people for arbitrary reasons (for example, fire everyone whose name starts with 'F' or employee ID ends with '13'), that's not a breach of good faith, as you're not breaking any promises, neither explicit or implied, you're doing exactly as you warned them you may do.