Wrongful Discharge. Stephen Fredrick, a pilot for Simmons Airlines Corp., criticized the safety of the aircraft that
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Wrongful Discharge. Stephen Fredrick, a pilot for Simmons Airlines Corp., criticized the safety
of the aircraft that Simmons used on many of its flights and warned the airline about possible safety
problems. Simmons took no action. After one of the planes crashed, Fredrick appeared on the
television program Good Morning America to discuss his safety concerns. The same day, Fredrick
refused to allow employees of Simmons to search his personal bags before a flight that he was
scheduled to work. Claiming insubordination, the airline terminated Fredrick. Fredrick filed a
suit in a federal district court against Simmons, claiming, among other things, retaliatory discharge
for his public criticism of the safety of Simmonss aircraft and that this discharge violated the
public policy of providing for safe air travel. Simmons responded that an employee who goes
public with his or her concerns should not be protected by the law.Fredrick v Simmons Airlines
Corp., Fd th Cir. Why might the court agree that Fredrick has a claim of retaliatory discharge? Presume that
Fredrick does not belong to a union, and that he is an employeeatwill. Why is employmentatwill beneficial for employees and employers? Why might not
having employmentatwill hinder job creation, and therefore actually be detrimental to
both employers and potential employees?
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