Answer the following questions, which require you to think critically about the legal principles that you learned in this chapter.

Tameny had worked for Atlantic Richfi eld Company (ARCO) for 15 years and had risen to the position of retail sales representative. While he never had a formal contract of employment, his duties included managing relations between ARCO and various independent dealers in his territory. ARCO and some of its agents had been manipulating the retail gasoline prices of ARCO dealers. Those violations of federal and state antitrust laws had resulted in an agreement between ARCO and the courts under which ARCO and its agents agreed to discontinue those activities. In spite of this agreement, ARCO continued to pressure Tameny to threaten and persuade dealers to cut their gasoline prices to a point at or below the level specifi ed by ARCO. Tameny refused and was subsequently fi red for alleged incompetence and unsatisfactory performance.

On appeal, the Supreme Court of California was asked to decide (1) whether an employer’s authority over employees included the right to demand that an employee commit a criminal act; (2) whether an employer may force compliance by discharging an employee who refuses to do so; and (3) whether an employee may bring a tort action for wrongful discharge. Will Tameny be successful in his action claiming wrongful discharge?