Mark Hunger was the safety director at Grand Central Sanitation. On September 7, Hunger “became aware” that hazardous materials consisting of blasting caps were being deposited into garbage containers at Shu-Deb, Inc. Grand Central collected garbage from these containers and dumped it at a dump site. Hunger knew that Grand Central was not licensed to dispose of hazardous materials and believed that it would violate State and/or Federal law if the company transported or disposed of hazardous materials. Hunger also became concerned about the safety of company employees from the danger of transporting blasting caps. On September 9, Hunger informed Grand Central’s owner and vice president, Gary Perin, of the information he received about the blasting caps. On September 12, Hunger, accompanied by Pennsylvania state police and agents of the Federal Bureau of Alcohol, Tobacco, and Firearms, went to search the contents of Shu-Deb’s containers. However, the garbage had already been collected, so Hunger and the police located the garbage truck that had collected the garbage and searched it. No hazardous materials were found in the truck. On October 4, Hunger was terminated because of the incident. Hunger sued Grand Central for wrongful termination.a. What are the arguments that Hunger was wrongfully terminated?b. What are the arguments that Hunger was legally terminated?c. Will Hunger prevail? Explain.
Mark Hunger was the safety director at Grand Central Sanitation. On September 7, Hunger “became aware” that hazardous materials consisting of blasting caps were being deposited into garbage containers at Shu-Deb, Inc. Grand Central collected garbage from these containers and dumped it at a dump site. Hunger knew that Grand Central was not licensed to dispose of hazardous materials and believed that it would violate State and/or Federal law if the company transported or disposed of hazardous materials. Hunger also became concerned about the safety of company employees from the danger of transporting blasting caps. On September 9, Hunger informed Grand Central’s owner and vice president, Gary Perin, of the information he received about the blasting caps. On September 12, Hunger, accompanied by Pennsylvania state police and agents of the Federal Bureau of Alcohol, Tobacco, and Firearms, went to search the contents of Shu-Deb’s containers. However, the garbage had already been collected, so Hunger and the police located the garbage truck that had collected the garbage and searched it. No hazardous materials were found in the truck. On October 4, Hunger was terminated because of the incident. Hunger sued Grand Central for wrongful termination.
a. What are the arguments that Hunger was wrongfully terminated?
b. What are the arguments that Hunger was legally terminated?
c. Will Hunger prevail? Explain.
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