Wrongful Termination and the Expanding Public Policy Exception: Implications and Advice

摘要

When employers dismiss an "at-will" employee, there is always the chance that the employee will bring suit for wrongful termination. However, until recently, tort damages (compensatory and punitive) were rarely awarded even if wrongful termination was proved unless the employer violated public policy. In 1998, California joined a handful of other state courts in expanding the potential for such costly damages by broadening the public policy exception (currently recognized by 42 states). Thus, without violating either statutory or constitutional provisons of the law, but only by violating administrative regulations of a federal agency, a company may violate public policy. Human resources managers need to move aggressively within their organizations to minimize potential liability for dismissals that may be held to violate public policy under current (or future) expanded definitions.