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The Duprees, Terry and Jerry, are former employees of UPS. They both started working for UPS as hourly union employees and were protected by union laws against being fired except “for cause.” They were both promoted to managerial positions, which they accepted on the representation that they would retain job security since managerial positions were not provided with union protection. Soon after her promotion, Terry Dupree alleged that a senior manager, Pepper Simmons, was sexually harassing her. A few months after Terry Dupree’s allegation, Simmons allegedly discovered that Terry was dating Jerry, who was in the same managerial level as Terry. Simmons, according to the Duprees, vowed to “get his job,” and Jerry Dupree was soon fired for violating the UPS fraternization policy. The Duprees say that it was their understanding that this policy only governed relations between two supervisors. Terry Dupree filed a sexual harassment complaint against Simmons, on which UPS took no disciplinary action. After several infractions, the UPS management offered her $12,000 to resign. She refused and was fired. Oklahoma recognizes a cause of action arising from the termination of an at-will employee against an employer in “cases in which the discharge is contrary to a clear mandate of public policy as articulated by constitutional, statutory or decisional law.”
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