John Novosel was employed by Nationwide Insurance Company for fifteen years. Novosel had been a model employee and, at the time of discharge, was a district claims manager and a candidate for the position of division claims manager. During Novosel’s fifteenth year of employment, Nationwide circulated a memorandum requesting the participation of all employees in an effort to lobby the Pennsylvania state legislature for the passage of a certain bill before the body. Novosel, who had privately indicated his disagreement with Nationwide’s political views, refused to lend his support to the lobby, and his employment with Nationwide was terminated. Novosel brought two separate claims against Nationwide, arguing, first, that his discharge for refusing to lobby the state legislature on behalf of Nationwide constituted the tort of wrongful discharge in that it was arbitrary, malicious, and contrary to public policy. Novosel also contended that Nationwide breached an implied contract guaranteeing continued employment so long as his job performance was satisfactory. What decision as to each claim? Explain.
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