Wrongful Discharge

Employees are generally considered to be employed “at will” unless a contract or statute states otherwise, which means that either the employer or the employee may terminate the employment relationship at any time, for any lawful reason or for no reason at all. However, most states have adopted an exception to the at-will employment doctrine based on public policy. The public policy exception to the at-will employment doctrine typically protects employees who disclose the employer’s violations of law or unethical or unsafe practices, as well as protecting employees who refuse to engage in illegal conduct.

The laws on wrongful termination in violation of public policy vary considerably from state to state. In general, wrongful discharge in violation of public policy usually protects a worker where the employer’s action in terminating the worker contravened a specific, identifiable public policy, typically a policy explicitly expressed in a statute, the Constitution, or in some cases by regulations or by prior judicial precedent. An employer generally may not discharge an employee for refusing to commit a crime or in many states for refusing to violate the law. Other activities typically protected include refusing to breach a fiduciary obligation or other obligation recognized by statutes and regulations; fulfillment of civil duties, such as testifying in court under a subpoena or missing work because of jury duty; filing a workers’ compensation claim; whistleblowing activities such as external reports of an employer’s unlawful or dangerous activities; and exercise of legal rights or privileges such as filing a civil complaint against the employer.

The attorneys at Katz, Marshall & Banks LLP are experts in seeking legal protections for conscientious workers who disclose their employers violations of law or unethical or unsafe practices, or who refuse to engage in illegal conduct.

If you have suffered a wrongful discharge, contact the experienced lawyers at Katz, Marshall & Banks, LLP for an evaluation of your case with no further obligation. You can also look at our useful links page for a list of organizations that also provide information on wrongful discharge from the workplace.