At Will Employment and Dormant Commerce Clause

Two IRACs on the following scenarios (see attachment for specific instructions):

Topic #1
Donald Waddell got a job at the Boyce Thompson Institute for Plant Research. Waddell did not have an employment contract for a fixed term, and the institute’s employee manual said that his job was “terminable at will.” Soon after he was hired, the institute implemented a whistleblower policy designed to encourage “the highest standards of financial reporting and lawful and ethical behavior.” Waddell repeatedly told his supervisor, Sophia Darling, that she needed to file certain financial documents more promptly. Darling fired Waddell, telling him that he was disrespectful and insubordinate. Define “at will” employment and wrongful termination. Based on the evidence given, was Waddell wrongfully terminated? Why, or why not.

Topic #2
Tri-M Group, LLC, a Pennsylvania electrical contractor, was hired to work on a veterans’ home in Delaware that was partially state funded. Delaware’s regulations allowed contractors on state-funded projects to pay a lower wage rate to apprentices if the contractors had registered their apprenticeship programs in the state. Out-of-state contractors, however, were not eligible to pay the lower rate unless they maintained a permanent office in Delaware. Tri-M filed a suit in federal court claiming that Delaware’s regulations discriminated against out-of-state contractors in violation of the dormant commerce clause. Is this a valid claim of discrimination by the State of Delaware/ Why do you think so?

Two IRACs on the following scenarios (see attachment for specific instructions):

Topic #1
Donald Waddell got a job at the Boyce Thompson Institute for Plant Research. Waddell did not have an employment contract for a fixed term, and the institute’s employee manual said that his job was “terminable at will.” Soon after he was hired, the institute implemented a whistleblower policy designed to encourage “the highest standards of financial reporting and lawful and ethical behavior.” Waddell repeatedly told his supervisor, Sophia Darling, that she needed to file certain financial documents more promptly. Darling fired Waddell, telling him that he was disrespectful and insubordinate. Define “at will” employment and wrongful termination. Based on the evidence given, was Waddell wrongfully terminated? Why, or why not.

Topic #2
Tri-M Group, LLC, a Pennsylvania electrical contractor, was hired to work on a veterans’ home in Delaware that was partially state funded. Delaware’s regulations allowed contractors on state-funded projects to pay a lower wage rate to apprentices if the contractors had registered their apprenticeship programs in the state. Out-of-state contractors, however, were not eligible to pay the lower rate unless they maintained a permanent office in Delaware. Tri-M filed a suit in federal court claiming that Delaware’s regulations discriminated against out-of-state contractors in violation of the dormant commerce clause. Is this a valid claim of discrimination by the State of Delaware/ Why do you think so?

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