Can An Employee Be Terminated If Her Actions Undermine Workplace Security ?

In Aker v. New York & Co., Inc. (N.D. Ohio 2005), 364 F. Supp. 2d 661, the employer had an internal policy regarding shoplifting that was created to minimize the chance of confrontation and physical injury (i.e., ensure workplace safety). The employee ignored the company's policy, which led to an altercation with suspected shoplifters. Id. at 664. Unlike Dohme, the employee did not allege that her termination resulted from a report about unsafe working conditions. Moreover, in Aker, the employee's actions actually undermined workplace safety. The same cannot and has not been alleged regarding Dohme's actions in speaking with the insurance inspector.