The judge noted that implied contracts found in ASP’s standards of conduct and code of ethics documents could potentially support Maxwell’s breach of contract claim. However, her wrongful discharge claim hit a roadblock as she failed to specify a public policy violated by ASP when they terminated her.
Whistleblower’s Suit Against Fortive Unit : The Fine Print
Judge Crews clarified that if an employer includes a “clear and conspicuous” disclaimer in an employee handbook, explicitly stating that it does not intend to create a contractual relationship with the worker, this can nullify any suggestion of a contractual obligation. However, ASP’s 2020 standards of conduct and code of ethics lacked such disclaimers, potentially leaving the door open for Maxwell’s claim that the company breached its duty not to retaliate against her.
A Whistleblower’s Plight
Maxwell’s tumultuous journey began when she voiced concerns about the company’s pricing to her supervisor in February 2021. She believed the pricing violated certain agreements, but a corporate accounts director instructed her to offer the customer lower pricing without proper approval. Her supervisor, rather than addressing her concerns, instructed her to follow the director’s orders.
