1. The judges in this case—both majority and dissenting—are engaging in what is called statutory construction; they are determining the outcome of the case by trying to understand the meaning of the law passed by New York’s legislature. Note the differences between them. One gives the statute a “broad” reading, the other gives it a “narrow” one. Which is which? What tools do the two judges use to interpret the law? Which interpretation do you think is most in keeping with the intent of the legislators?
2. Try to imagine yourself in Albany as this New York law was being debated. What policy issues might have been raised in favor of passing the law? Against?
3. Suppose you had the ability to rewrite the New York law, or even delete it from the statute books. How would you change it?
4. For your state, find out if there is any legislation protecting employees’ rights to engage in off-worksite activities. If so, are there any cases interpreting the law? Then, go back to the Montana Wrongful Discharge statute in Chapter 2. What similarities can you see between it and your state’s law? What differences?

  • CreatedSeptember 11, 2015
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