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Korb v. Raytheon

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Research, review and analyze Korb v. Raytheon, 707 F.Supp. 63 (D.Mass. 1989). Based on your research and the case, write a 5-6 page paper in which you:
1. Analyze and evaluate each case independently by providing the following (about two paragraphs per case):
- Facts of the case
- Issues
- Rule
2. Analyze and explain the challenges with freedom of speech.
3. Analyze and explain any challenges with freedom of information.
4. Analyze and explain any challenges with employment law.
5. Analyze and discuss the public perceptions of Raytheon and its influence with the Department of Defense.
6. Analyze and discuss any fraud or misrepresentation on either side of the case.
7. at least four (4) additional court cases that support your analysis.

If needed, please provide references.

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Solution Summary

The answer to this problem explains and analyses the Korb v. Raytheon case. The references related to the answer are also included.

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In compliance with BrainMass rules this is not a hand-in-ready paper but is only guidance.

1. Korb v Raytheon: 707 F.Supp. 63 (D.Mass. 1989
Facts: Korb was recruited by Raytheon as vice president in charge of Washington operations. He had served in the past as an assistant secretary of defense for manpower, installation, and logistics. Korb joined a non-profit organization, the Committee for National Security which informed the public about issues related to national security. At one of the press conferences, Korb was critical of increased defense spending and urged a scaling back of the 600 ship, fifteen carrier group Navy supported by the Secretary of the Navy. Navy and Air Force officials complained to Raytheon about Korb's statements and he was summoned to Raytheon headquarters. He was informed that his services as the vice president of Washington operations would be terminated as Navy, Air Force, and Armed Services Committee members objected. In December 1987 Korb filed a complaint in the Superior Court alleging wrongful termination in bad faith and for reasons that violated the public policy of the Commonwealth.
Issue: Was Korb wrongfully terminated in bad faith and in violation of public policy as stated in article 16 of Massachusetts Declaration of the Commonwealth?
Rule: No. Public policy did not prohibit an employer from discharging an ineffective at will employee. Korb's was a Raytheon lobbyists and he advocated a reduction in defense spending. Raytheon had a financial stake in not advocating that position. Korb was terminated because he was recruited to be Raytheon's spokesperson and he spoke against the interests of the company.

2. The challenges to freedom of speech are that even though Freedom of Speech are protected by the First Amendment to the US Constitution and article 16 of the Massachusetts Declaration of Rights, the challenge is that Korb was hired to be the corporation's spokesperson. An employee is protected by the First Amendment if he speaks publicly outside his official duties in public interest. In this case if Korb spoke on a ...

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Hatim Baxamusa, MBA
Education
  • BSc , University of Calcutta
  • MBA, Eastern Institute for Integrated Learning in Management
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