Amy, a receptionist, works for a luxury resort and spa that caters to the well-to-do and rich and famous. While on the computer one day during lunch break, Amy was searching GOOGLE for “Dude Ranch vacations” when she inadvertently accessed a pornographic website. Unfortunately, just as she was trying to click off the pornographic spam that was popping up on her computer, a long-standing client of motion picture fame walked by and saw the images on the screen. Appalled at what she saw, she complained to the owner. The owner immediately confronted Amy and fired her in front of the movie star. The Spa distributes a handbook that all employees are required to read and then sign an acknowledgment of receipt. The handbook specifically states that all employees are employees-at-will. The handbook also states that the Spa reserves the right to terminate the employment of any employee who engages in conduct that negatively affects the spa’s five-star reputation regardless whether the conduct occurs on or off the spa premises, or during company or personal time.
Amy believes that she has been treated unfairly and should not have been fired for a mistake after five years of service. Is the termination legally enforceable? Explain.
The handbook states that employees will be disciplined in accordance with the standards of just cause. A four-year female employee and a seven-year male employee previously received a three-day suspension for their first offenses, however, each accessed the websites on the computer in their respective offices. On both occasions, no one else witnessed the images on the screen.
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