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Discharge in violation of public policy #8
by Ross Runkel at LawMemo
One gigantic exception to the at-will employment doctrine is the idea of a discharge that violates public policy.
The at-will doctrine is a principle of contract law - the law of agreements. The public policy exception is a principle of tort law - the law of civil wrongs. Therefore, most courts apply the principle of wrongful discharge in violation of public policy whether the contract is at-will or some other kind of contract.
Courts recognize four types of public policy situations. Caution: Not every court recognizes every one of these. These are cases where the employer fires the employee because the employee:
1 - refused to do something that was unlawful. Examples: (a) Refusing the employer's demand to commit perjury. (b) Refusing to submit false reports to the government. (c) A nurse refusing to perform a procedure he or she is not licensed to perform.
2 - performed a duty required by the law. Examples: (a) Serving on a jury, which required being absent from work. (b) Providing court testimony in response to a subpoena.
3 - exercised a right that the law gives to employees. Examples: (a) Filing a claim for worker compensation. (b) Filing a court complaint against the employer.
4 - reported unlawful employer conduct - "whistleblowing." Examples: (a) Reporting to authorities that the employer's product had been mislabeled. (b) Reporting to the supervisor's manager that the supervisor skipped mandatory product inspections.
Exception: Many courts will not recognize a tort of wrongful discharge in a specific situation if the employee has another remedy under a statute.
Example: The employee is fired for filing a worker compensation claim. The worker compensation statute prohibits firing an employee for filing a claim. Most courts will not recognize a tort of wrongful discharge here because the employee already has a remedy under the statute.
Coming next: Constructive discharge: Employment Law 101: #9
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
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