Reference no: EM132180882

“Advanced Educational Materials”

Before his termination On Monday, May 6th, 2002, John Hilliard worked as a Senior Sales Rep for Advanced Educational Materials (AEM), a provider of high-quality educational books and supplies to junior and senior high schools. During his 12 years of employment, John was recognized as an outstanding employee with close working relationships with the schools he served. His sales record was excellent. John’s discharge resulted from what AEM claimed was a serious breach of its code of conduct for employees.

On Saturday, May 4, 2002, due to a chance meeting between John and his manager, Jean Ellison, John was observed leaving an adult video store carrying what his manager described as pornographic magazines and an X-rated video. The following Monday, Jean discussed the incident with AEM’s VP for Sales and the HR Director. All agreed that John’s off-duty behavior constituted a serious violation of the company’s code of conduct for employees, which read in part, “Employee off-duty behavior should in no way reflect unfavorably upon the company, its employees, or sales of any educational materials”. AEM has traditionally held its reps to high moral standards because the company sells extensively to public school administrators and teachers.

At his discharge meeting, John vigorously opposed his firing. While he acknowledged that he made the purchases, he argued that “what he did on his own personal time was no business of the company’s” and his behavior in no way reflected unfavorably upon AEM. AEM upheld his discharge and John has filed a claim for wrongful discharge.